Z
Zoltan_Cobalt
Guest
Excellent points Dimar.I think that is a fine argument, and it seems to be basically what the Congregation for the Doctrine of the Faith explained in its document “Considerations Regarding Proposals to Give Legal Recognition to Unions Between Homosexual Persons.”
In Section 6 of that document, we find this summary: Every humanly-created law is legitimate insofar as it is consistent with the natural moral law, recognized by right reason, and insofar as it respects the inalienable rights of every person. Laws in favour of homosexual unions are contrary to right reason because they confer legal guarantees, analogous to those granted to marriage, to unions between persons of the same sex. Given the values at stake in this question, the State could not grant legal standing to such unions without failing in its duty to promote and defend marriage as an institution essential to the common good. source It seems to me that this paragraph is very similar to the simple argument you rejected. The argument you rejected can be put into syllogistic logic this way: (1) the State should not support anything immoral, (2) homosexual unions are immoral, (3) therefore the State should not support homosexual unions.
The CDF document seems to support this syllogism. For premise 1, the CDF document says, “[Every] law is legitimate insofar as it is consistent with the natural moral law,” which to me seems similar to premise 1: “the State should not support anything immoral.” For premise 2, the CDF document says, “Laws in favour of homosexual unions are contrary to right reason,” which to me seems similar to premise 2: “homosexual unions are immoral.” For the conclusion, the CDF document says, “the State could not grant legal standing to such unions without failing in its duty,” which to me seems similar to the conclusion, “therefore the State should not support homosexual unions.”
Therefore, I think the CDF does recognize and defend the argument that you said the Church doesn’t use. That seems true. That’s true too, and I think that argument appears in several Church documents as well. But there is room for more than one objection to homosexual unions.
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i would add one more very important statement from the CDF document:
In those situations where homosexual unions have been legally recognized or have been given the legal status and rights belonging to marriage, clear and emphatic opposition is a duty. One must refrain from any kind of formal cooperation in the enactment or application of such gravely unjust laws and, as far as possible, from material cooperation on the level of their application. In this area, everyone can exercise the right to conscientious objection.