As a morally conservative Christian woman, I derived my initial sense of sexual ethics from a Protestant upbringing, which taught me that sex was reserved for the context of heterosexual marriage alone. I was taught that Christian purity was directly reflected in sexual status; to be active sexually, one should be engaged in a heterosexual marriage. Though natural law was not submitted as proof of this, finding natural law in my process of conversion to Roman Catholicism supported my conservative sexual ethic, as well as reinforcing my own idealized standard, celibacy (though natural law considers heterosexual marriage an equally valid fulfillment of human capacities). Having not been taught the doctrine of natural law in my formative belief years, I imagined God to have set an order for the functioning of all things, including sexuality in human persons, and that to act in accordance with the nature God had first created for people was obedience while acting contrarily to that nature was disobedience. I cannot remember a time when I considered homosexuality natural, because in my own reading of scripture I valued themes of male/female coupling as the basis of nations and as demonstrating a picture of divine unity with mankind. While my theological position on homosexual acts is that they are sinful because not only are they unnatural, but also immoral (because they occur outside the context for marriage seen in the prototype of the first humans, Adam and Eve), I advocate a position of ‘equal but different’ in terms of social rights and treatment of both homosexual and heterosexual persons. Emphasizing the reasonable tradition of natural law anthropology derived from biblical themes of sexual complementarity, I hope to offer a reasonable natural law approach advocating the supremacy of human dignity in ethical approaches to homosexual and heterosexual conduct within the Catholic Church.
Beginning by defining homosexuality in light of natural law, one must pose the question, are some people born with biological/psychological homosexual tendencies or not? Having personally vacillated in opinion over this question I deeply appreciate the Catholic Church’s distinction between homosexual acts and tendencies in its moral teaching. Before encountering queer theory, I would have tended to definitively categorize homosexuality in tendency and practice as deceptive forms of persons’ created nature, because, unlike queer theory, I believe that sexuality is natural, created by God not only as an external, biological identity, but an intrinsic factor of our souls. From a complementarian perspective on the sexes, I believe that male and female, in all their biological, emotional, and spiritual attractions to one another are created in the image of God (Genesis 1.27). Referring back the Edenic roots of humanity, I will address a natural law response to Roger’s critique of Gagnon. From these considerations, I will [1] incorporate queer theory into my understanding of natural law (biological sex determining societal gender role) by ending with [2] an analysis of natural law as reinforcing gender imitation (Butler) amongst Catholic laity. I will conclude, however, that [3] human sexuality performed naturally or unnaturally, does not take precedence over the biblical teaching of human dignity in the image of God in social ethics.
Having mentioned my personal tradition of natural law as being derived from scriptural themes, I will contrast the perspectives of Robert Gagnon and Jack Rogers on natural law in Romans 1, responding with my own convictions for complementary sexual union of male and female found in Romans, with additional references to Genesis. Expanding on Rogers’ brief discussion on natural law in chapter five of Jesus, The Bible, and Homosexuality: Exploding the Myths of the Church, Rogers critiques Gagnon and other authors on the oppressive abuse of natural law in his essay, “Natural Law.”[1](1) Critiquing Gagnon’s basis for natural law on portions of Romans 1,2 and 3, Rogers refutes Gagnon’s claim that biology was the basis for Paul’s doctrine of nature.[2](2) Rogers cites this reading of Romans 1.26-27 as an overemphasis of “unnatural sins” over others, though all have the same end, death. Comparing the homosexual plight to that of women and slaves, Rogers rejects church “discrimination,” unjust repression which robs a person identifying as homosexual of the dignity owed to their personhood as made in the image of God. To Rogers, natural law is an inductive reading of a socio-sexual prejudice into the biblical text rather than a deductive understanding of God’s creation, singling out certain people to target as the scapegoats of sin rather than confessing that all people are sinful.
The passage of Romans 1.26-27 has commonly been cited to proof text that all are aware of a natural performance of their innate sexual identity by the image of God within them. While some consider the sexual practices by which Paul identifies the Gentiles as different from the Jews, linking the passage in the context of Romans 1-3 to form Paul’s argument that all are guilty of sin and in need of Christ (not just Gentiles), such context does not discredit a natural law reading of the same text. Through my limited time in biblical studies, I have encountered much equivocation as to the significance of Romans 1.18-32, which I interpret as similar to the prophetic warnings in the Old Testament, showing the Israelite people the consequences of falling into the sexual sins of their neighbors. Paul’s pejorative discussion of same-sex acts as punishment for idolatry in the passage of Romans 1 suggests the possible equation of idolatry and sexual immorality, both of which are acts against nature, if one considers the most natural setting for mankind to be the depiction of Eden before the Fall: According to Genesis 1, man and woman were created in the image of God, thus suggesting, if sexual relations occurred before the Fall, that they were sexually active with partners of opposite sexes. Viewing the Eden scenario and natural, post-Fall the closest replica of created sexual nature we can practice is heterosexual marriage, portraying the complementarity of the sexes as a unified image of God.
While to Rogers there is “no scriptural warrant for monogamous heterosexual marriage as the norm for all people”[3](3) because it denies unmarried and homosexual people the ability to reflect God’s image, I argue that natural law does not exclusively limit the imaging of God to heterosexual marriage, but in terms of human sexuality, this is the only context presented for God-approved sexual expression.[4](4) Natural law is merely the context we humans have been given to understand our sexual identities and to perform them in a way that honors God. Having established my belief that homosexual acts are against the nature which God created in man (to be heterosexually active in a monogamous relationship or to be celibate), I will turn to a comparison of homosexual act vs. homosexual tendency, using as examples the Catholic tradition’s ethical teachings on the admittance of homosexuals into seminaries as well as the administering of the Eucharist to homosexuals.
In Instruction Concerning the Criteria for the Discernment of Vocations with regard to Persons with Homosexual Tendencies in view of their Admission to the Seminary and to Holy Orders, Cardinal Zenon Grocholewski addressed the issue of admitting homosexuals to priestly seminaries by distinguishing between homosexual acts, which are considered sinful in Catholic teaching, and homosexual tendencies which are not sexual acts, but desires or attractions that might distract from a holy vocation.[5](5) Thus Grocholewski concluded that “cannot admit to the seminary or to holy orders those who practice homosexuality, present deep-seated homosexual tendencies or support the so-called ‘gay culture,’” requiring that homosexual acts be forsaken and tendencies be abandoned at least three years before application to a seminary. This teaching suggests that deep-seated homosexual tendencies are a sign of masculine immaturity that would prevent partaking in priestly roles of spiritual spouses and fathers. [6](6) While such a state is considered an “intrinsically disordered” tendency,[7](7) the Catholic Church passes no moral judgment on those might experience same-sex attractions.
While those with deep-seated homosexual tendencies are prevented from Catholic seminaries, the Church interprets Scripture to indicate that not “all those who suffer from this anomaly are personally responsible for it, but it does attest to the fact that homosexual acts are intrinsically disordered and can in no case be approved of.”[8](8) Pope Benedix XVI, then Cardinal Ratzinger, supported Catholic rejection of homosexuality as intrinsically disordered, because it is viewed as a “strong tendency ordered toward an intrinsic moral evil.”[9](9) Cardinal Ratzinger appealed to natural law to support the thesis that while homosexual inclinations are not sinful, they are tendencies “ordered toward an intrinsic moral evil”[10](10) because same-sex “activity is not a complementary union, able to transmit life; and so it thwarts the call to a life of that form of self-giving which the Gospel says is the essence of Christian living.”[11](11) In spite of considering homosexuality as a disorder, the Catholic Church maintains that the human will, a testimony to the image of God, remains in a homosexual person. Therefore, participation in homosexual acts renders one culpable of sexual sin before God, the reason for which the Eucharist, the celebration central to Catholic liturgy, is withheld from practicing homosexuals.
One might contest, is it fair to withhold the Sacrament from individuals who feel impulsively drawn towards homosexual acts? Is it wrong to deny individuals who feel deep-seated homosexual tendencies gratification for desires for loving relationship? Yet if sexuality in the image of God according to the natural law demonstrated in Adam and Eve in their pre-Fall Edenic states, homosexuality is by no means natural and intrinsic to human beings, thus does not offer the fulfilling sort of love intended to be shared among humans by their creator.[12](12) Catholic teaching is not stigmatizing homosexual individuals as distinctly sinful, nor robbing them of ability to manifest the image of God. Human dignity is never absent from persons, regardless of whether they are in a state of sin or strongly tempted to sin, including sexual sins. The Catechism of the Catholic Church states in statement # 2352, “The deliberate use of the sexual faculty, for whatever reason, outside of marriage is essentially contrary to its purpose.”[13](13) Thus homosexual acts are no more sinful than heterosexual acts of fornication, prostitution, or adultery. However, is it right to deny homosexuals the moral freedom to perform their same-sex identities forcing the performance of a heterosexual identity?
While Butler suggests that “the very categories of sex, of sexual identity, of gender are produced or maintained in the effects of compulsory performance,”[14](14) natural law teaching of an essential subject within each person responds that the only performed sexual identity is one that is false to one’s nature. While gender roles may be performed, I agree with Catholic sexual ethics that sexual identity does not exist because of gender performance, but rather that this sexual nature produces inculterated gender expression. According to Catholic teaching, homosexually gendered expression is a confused understanding of natural human sexual expression, though a homosexual has as much human dignity as any other person. Sin does not make a person less human. The valuable emphasis I gleaned from Rogers was that too often homosexuality is made the scapegoat, not only of all sexual sins, but of all sin in general. In the eyes of God, I am just as in need of Jesus’ redemption as a practicing homosexual, there should be no social distinction between my rights and those allotted to a homosexual. The degree to which my sin may be “natural” as opposed to homosexuality as “unnatural” in Catholic teaching, allowing me to receive Eucharist when a homosexual cannot, is a deeper question of difference between mortal and venial sin, a distinction which I do not believe God draws, but which may affect people to different degrees in their journeys towards holy union with God.
[1] Rogers, Jack. “Natural Law.” 28 November 2008. <http://www.covenantnetwork.org/bible/JBR-Nat%20Law.pdf>.
[2] Gagnon, Robert. The Bible and Homosexual Practice: Texts and Hermeneutics. (Nashville: Abingdon
Press, 2000). 142.
[3] Rogers, Jack. Jesus, the Bible, and Homosexuality: Explore the Myths, Heal the Church. Louisville: Westminster John Knox Press, 2006. 85.
[4] John Paul. Mulieris dignitatem : apostolic letter of the Supreme Pontiff John Paul II on the dignity & vocation of women on the occasion of the Marian Year Catholic Truth Society, London : 1988. 29 November 2008. <http://www.vatican.va/holy_father/john_paul_ii/apost_letters/documents/hf_jp-ii_apl_15081988_mulieris-dignitatem_en.html>. n. 3, 7 “…every individual is made in the image of God, insofar as he or she is a rational and free creature capable of knowing God and loving him… [but] The fact that man “created as man and woman” is the image of God means not only that each of them individually is like God, as a rational and free being. It also means that man and woman, created as a “unity of the two” in their common humanity, are called to live in a communion of love, and in this way to mirror in the world the communion of love that is in God, through which the Three Persons love each other in the intimate mystery of the one divine life.”
[5] Congregation for Catholic Eductation. “Instruction Concerning the Criteria for the Discernment of Vocations with regard to Persons with Homosexual Tendencies in view of their Admission to the Seminary and to Holy Orders,” n. 2, 5. Cardinal Zenon Grocholewski, Prefect. 4 November 2005. 25 November 2008. <http://www.vatican.va/roman_curia/congregations/ccatheduc/documents/rc_con_ccatheduc_doc_20051104_istruzione_en.html>.
[6] Criteria for the Discernment #1. Affective Maturity and Spiritual Fatherhood “The candidate to the ordained ministry, therefore, must reach affective maturity. Such maturity will allow him to relate correctly to both men and women, developing in him a true sense of spiritual fatherhood towards the Church community that will be entrusted to him”
[7] Sacred Congregation for the Doctrine of the Faith, “Persona Humana: Doctrine on Certain Questions Concerning Sexual Ethics,” n. 8, 4. Franjo Cardinal Seper, Prefect. 29 December 1975. 26 November 2008. <http://www.vatican.va/roman_curia/congregations/cfaith/documents/rc_con_cfaith_doc_19751229_persona-humana_en.html>.
[8] Persona Humana, n. 8, 4.
[9] Congregation for the Doctrine of the Faith, “Letter to the Bishops of the Catholic Church on the Pastoral Care of Homosexual Persons,” n. 3, 2. Cardinal Joseph Ratzinger, Prefect. 1 October 1986. 26 November 2008. <http://www.vatican.va/roman_curia/congregations/cfaith/documents/rc_con_cfaith_doc_19861001_homosexual-persons_en.html>.
[10] Letter to the Bishops of the Catholic Church on the Pastoral Care of Homosexual Persons, n.7, 3.
[11] Ibid., n.7, 2.
[12] Paul IV, Humanae Vitae, n.2, 9. 25 July 1968. 30 November 2008. <http://www.vatican.va/holy_father/paul_vi/encyclicals/documents/hf_p-vi_enc_25071968_humanae-vitae_en.html>. On married love being the context in which man and woman as “husband and wife become in a way one heart and one soul, and together attain their human fulfillment.”
[13] Catechism of the Catholic Church, 2nd Ed. Part 3, Section 2, Chptr. 2, Art. 2, # 2352. 28 November 2008. <http://www.scborromeo.org/ccc/p3s2c2a6.htm>.
[14] Butler, Judith. “Imitation and Gender Insubordination,” The Lesbian and Gay Studies Reader. Henry Abelove, Ed. Routledge, 1993. 318.

