These restrictions are all favorably disposed to Catholic teaching. But the State is fully capable of changing any of these conditions.
Traditionally, the State (USA) has not recognized homosexual unions. But there is no reason why the State could not do so, any more than the state could not allow polygamy.
Exactly. My state has recognized homosexual unions for over a decade now. The personal opinions of the politicians running for office don’t even affect anymore what the law has determined on this issue. It’s done. It’s over. I can be against it all I want, but the majority has spoken. And the majority will speak again if polygamy ever comes up, just like the majority spoke when they legalized divorce and remarriage and no-fault divorce.
I don’t like how confusing this issue can get. In my opinion, because gay marriage can not be Sacramental, if legalized, it is purely a civil union. In my opinion, this makes it no different than secular state-defined “marriage” in general. In fact, I’d go so far as to say even heterosexual marriage divorced from any Trinitarian Christian context is not even marriage “in the eyes of God” but is merely a civil partnership. Two people partnering up in some way to receive legal benefits from a state that is willing to recognize their partnership (which is actually what gays are doing by getting civil unions) is in no way contrary to Church teaching in principle… so what is the Church complaining about? Are gays not allowed to enter into any civil unions according to the Church? On what grounds? It makes no difference what gay people are claiming their civil unions are, because objectively those unions (according to Church teaching) not only aren’t, but can’t be “Matrimony.” In other words, sometimes it seems the Church is saying it is opposed to gay marriage simply because “gays consider it to be marriage.” What they think doesn’t matter though. Trying to forbid them from seeking civil unions doesn’t make what they’re doing less Sacramental. It already isn’t.
In any case, if we are then opposed to gays getting into civil partnerships (civil unions), which is reasonable especially if they are using them to engage in immoral acts (“sexual immorality”)… then we’re also obligated to be opposed to ANYONE getting into a civil union partnership where they will be using them to engage in other immoral acts (“sexual immorality”)… this would include secular heterosexual people getting married outside the Church and having sex within the partnership. Why? For the same reasons. The gay civil union isn’t “Matrimony” either approved or governed and Sacramentalized by the Church, so any sexual relations between them would be examples of sexual immorality (sodomy/fornication). Likewise, the straight civil unions aren’t “Matrimony” either approved or governed and Sacramentalized by the Church, so any sexual relations between them would also be examples of sexual immorality (fornication). This would involve a large swath of humanity (both gay and straight) participating in sinful practices, though legal, but condemned by the Church.
Likewise, divorce, being legal, would only apply to secular civil unions, which aren’t marriages governed by the Church, so since there was no “marriage” (gay or straight), anyone who sought a civil partnership outside the Church would be free to terminate the partnership, gay or straight. They would also be free to enter into new contracts to share benefits with new parties, gay or straight, and all would be legal in the eyes of the State. Therefore the teaching on the immorality of divorce and remarriage would ONLY apply to people who sought “Matrimony” either within the Catholic Church or who participated in Christian marriage approved by the Catholic Church.
See, the problem I have with all this is if we decide to be civilly against gay “civil unions” because they’re not Sacramental (like we do with civil gay marriages), then we are forced to also be civilly against ANY civil union that is not “Sacramental.” This would mean the actions of a large swath of the population (heterosexuals) who sought out a secular partnership by civil law should be as condemned by the Church as gays who sought one out. If the Church doesn’t do that though, and we say that the Church recognizes heterosexual civil unions as valid in the eyes of God, then we have to condemn the actions of all those who (though not part of the Church) sought to divorce and remarry, just like we do with those married within the Church.
Ironically, such would end up setting up a situation where the Church would approve of gays “divorcing” (being leased from their secular partnerships) simply because they weren’t under any conditions that would preclude them from doing so in the eyes of God. Only gays would have that right in the eyes of God though, because then the Church (accepting all heterosexual marriages as natural law marriages) would have to be as strenuously opposed to DIVORCE as it is to “gay marriage,” not just for Catholics, but for all heterosexual marriages. Thus a situation would be set up where gays would actually end up having more freedoms to make and lease themselves from these civil partnerships than straights would, in the eye of God and the Church.
It basically comes down to whether we want to condemn everyone outside the Church equally or accept everyone outside the Church equally. Since the Church has defined this matter very strictly, then I don’t see another option but to condemn everyone outside the Church equally… understanding of course that “the Church” includes whatever the Church recognizes (ie. Christian marriage outside the Church).
I may be wrong in my analysis and I may be overthinking this, but that’s what I get from this whole debate. It’s very perplexing to me how the Church can navigate the waters that it’s about to navigate as the centuries go forward.