Gay unions; What now
Now that the legalisation of what is widely referred to as “gay marriage” is virtually inevitable in South Africa, the local Church must find a strategy in dealing with new realities.
The official Church line has been to oppose the legalisation of any form of gay unions (though opinion on that seems to be divided even in the Vatican). This opposition, and that of many other faith groups, has failed to resonate with the legal and, apparently, political establishment.
With same-sex unions virtually certain to become law, possibly within two years, the local Church must read the signs of the times, and respond accordingly. It now needs to examine what form the new law ought to take, and what theological implications it may generate.
The debate will be a test of the Church’s influence in public discourse. An ill-judged response could see the Church’s reputation diminished; a judicious intervention might strengthen it.
The hierarchy is right to express its concern that same-sex unions might undermine the status of the traditional family, whose character inevitably will change (as it already has as a result of social realities such as cohabitation and divorce). The Church, however, has failed to persuade the legal and political establishment why this should be undesirable.
Indeed, because the phenomenon of same-sex unions is only just emerging, it is difficult to predict accurately what impact it will have on normal marriage. Just as gay unions may signal an end to the institution of marriage as we know it, it may also usher in a decline in casual sex, or even make marriage fashionable again. What we do know is that the social effects of same-sex unions are not yet known.
Because the idea of gay unions is still untested, the government should proceed with caution when framing the new law in areas such as defining the difference between “marriage” and “legal unions”, and adoption procedures.
We must distinguish between the sacramental meaning of marriage (a covenant solemnised before God) and civil marriage (a contract between two people signed before an appointed state official). The Church must not be legally obligated to recognise the latter as being commensurate with the former. It must be understood that gay marriages cannot be solemnised in the Catholic Church.
Internally, the Church will have to find pastoral ways to deal with Catholics who have entered into a legal same-sex union. Where such Catholics might have presented themselves discreetly for Communion before, would they now be turned away from the Lord’s table? Would the same standard apply to cohabiting heterosexual couples who have entered into a civil union? And if Communion is administered, how will this affect the situation of divorced and remarried Catholics? Such questions require canonical and pastoral attention.
The Church in South Africa is now finding itself in a position where it can provide a model to the Church elsewhere. The responsibility is immense, and the Church’s response will need to be carefully considered.
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