When the Boy Scouts of America decided last Thursday that “no youth may be denied membership on the basis of sexual orientation or preference alone,” that might have seemed a story of interest only to those in the gay community or in scouting. Not so.
Catholic teaching is quite clear (as the National Catholic Committee on Scouting noted): “[People] who experience a
homosexual inclination or a same sex attractions are to be treated with respect recognizing the dignity of all persons.” Of course, they are also expected to follow church teaching that sex outside marriage is morally wrong.
In principle, these teachings are unambiguous, but in practice they are proving difficult to reconcile. That’s because, in matters of public policy, if you give gay people rights, it’s disingenuous to think they will not use them. In other words, once you say people have the right to be gay, it’s not a realistic to think they will not act gay as well.
That’s why Catholic teaching has reserved a loophole, by saying that the Church opposes “all unjust discrimination” against gay people. The loophole is, of course, the word “unjust,” since it implies that there may be cases of “just” discrimination--that is, cases where excluding gays is justifiable.
The US Bishops have used this loophole to oppose same sex marriage, arguing that it is damaging to marriage and family life. But the criteria for justifying discrimination against gays remain somewhat vague, as the experience in Massachusetts suggests.
Same-sex marriage here was the act of the state’s Supreme Judicial Court, not its legislature. The court found that the ban on same sex marriage was unconstitutional on two grounds. First, it found that previous case law in the Commonwealth of Massachusetts had already established civil marriage as a civil right. Second, it declared that denying any civil right to gays could only be justified if significant and demonstrable social harm could be identified.
The court majority could find no such harm. Ten years later, no one else has proven them wrong--and growing numbers of Americans agree.
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| Chief Justice Margaret Marshall wrote that the Attorney General's office "has failed to identify any constitutionally adequate reason for denying civil marriage to same-sex couples." |
This creates pressure on church officials to define more clearly the criteria that would justify discrimination against gays. Given its own principles, the Church cannot just exclude gays wherever it wants to. In order to really practice what it preaches, it will need strong justifications for discrimination that are at least as clear as those in our civil laws, if not more so. Otherwise, the Church’s own teaching will demand that Catholics oppose such discrimination.
This pressure will be especially intense if the US Supreme Court follows Massachusetts this month in rejecting federal bans on same-sex marriage. What will the Bishops do then?
This is why the scouting case is such a clear litmus test. Here is one instance where the distinction between being a homosexual and practicing homosexual activity actually makes practical sense.
First, this is not a constitutional issue, since in the 2000 case Boy Scouts of America v. James Dale, the U.S. Supreme Court declared in a 5-4 ruling that the Boy Scouts of America was within its rights to set its own membership standards, (including the exclusion—or inclusion) of gay youths. So the scouts have the legal right to discriminate against gave members. The question is rather is such discrimination morally justified? In other words, does the Catholic loophole apply here?
Second, the scouts are, after all, for kids, and operate on the assumption that its members are not yet sexually active. So the Boy Scouts of America itself has made it clear that will it will allow members to be gay but not act gay:
[The resolution] reinforces that Scouting is a youth program, and any sexual conduct, whether heterosexual or homosexual, by youth of Scouting age is contrary to the virtues of Scouting.
So how will the Church react? This is no small question, since 70% of all scout troops are church-based, and Catholic institutions are the third largest religious sponsors of scouts (Catholic-chartered units total 8,397 with 273,648 members.)
So far, the response of church officials has been a mixed bag. The National Catholic Committee on Scouting had previously supported the ban on gays (according to Fox News) but (according to ABC News) took no official position on the new policy that repeals the ban. The NCCS released a statement Thursday saying it hoped to maintain the strong relationship the Catholic Church has had with the Boy Scouts for more than 100 years. Now it says that, since the policy change will not go into effect until January 2014, it will have “adequate time to study its effects.”
Not every bishop or pastor is prepared to wait, however. Bishop Paul Loverde of the Diocese of Arlington (Virginia) issued a statement which read, in part:
I deeply regret that the leadership of the Boy Scouts of America, after years of principled and steadfast resolve, has now wavered in their commitment to the values that the scouting movement has traditionally embraced and taught.
…As Bishop, it has always been my firm hope that we might continue sponsorship of Boy Scout troops in a manner that is consistent with the Church’s teaching and mission.
Sadly, yesterday’s decision forces us to prayerfully reconsider whether a continued partnership with the BSA will be possible.
… As an organization founded on character and leadership, it is highly disappointing to see the Boy Scouts of America succumb to external pressures and political causes at the cost of its moral integrity.
One Northern Virginia pastor, in fact, had already made his decision before the BSA acted:
This new proposal does not change my previously announced decision: if it is adopted by BSA next month, St. Raymond’s association with BSA will end (effective in September). I continue to pray and hope that this does not happen. But if it does, I will give all the support I can to forming a new scouting group, independent of BSA, that will defend Christian values.
Meanwhile, the Archdiocese of Denver released this statement:
The Church agrees that no group should reduce a person to their sexual orientation or proclivity…However, the moral formation of youth must include a firm commitment to respecting and promoting an authentic vision of sexuality rooted in the Gospel itself.
The Archdiocese stated it will continue to allow parish-chartered Scouting organizations, but would be "steadfast in articulating a Christian understanding of human dignity and sexuality.”
And the Archdiocese of Washington took a similar, but even stronger, position:
[The Boy Scouts of America policy change] does not affect the teachings of the Catholic Church and the manner in which the Archdiocese of Washington conducts the Scouting programs under its purview.
Scouting programs seek to instill the importance of duty to God and to country, and groups chartered through the Catholic Church witness to the faith while continuing to provide an opportunity to involve youth in the life of the local parish.
The church, through its clergy and lay leaders, has the responsibility to teach the Gospel and encourage all people to live out the teachings of Christ -- regardless of their sexual preference.
This range of reactions is not a hopeful sign. If each Diocese establishes its own independent position or—worse—if individual pastors are left to decide they want to abandon the BSA for some gay-banning alternative, Catholic officials will be hard pressed to demonstrate that Church teaching is being honored. Many people will be convinced that our teaching on “the dignity of all persons” gets just lip service. More and more, it will appear that the loophole of “unjust discrimination” opens the door for hypocrisy.
In fact Catholic teaching as it stands may prove to be a ticking time bomb. It requires church officials, as well as rank and file Catholics, to distinguish which discrimination is “just” and which is “unjust.” That will always be a judgment call. And each time Bishops make a bad judgment, they will inflict more damage on their moral credibility.
Moreover, as Americans adapt to the open presence of gays in sports, schools, the workplace, family gatherings, and even churches, justifying discrimination will only become more difficult. In fact, I foresee the day when any attempt to “justify” discrimination against gays becomes an academic exercise with no practical effect. At that point, the Catholic “loophole” will be closed. That will make practicing what we preach less complicated, but it may also make it more difficult.
For now, the Scouts have given the bishops a golden opportunity to prove that we will honor our teaching, not just give it lip service.
© Bernard F. Swain PhD 2013
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