My dear brothers and sisters in Christ,
The institution of marriage in the State of New York is under attack. Recently, Governor Eliot Spitzer introduced legislation that will legalize same-sex marriages; allegedly this legislation has enough votes to pass in the State Assembly. In the State Senate, some members propose legislation that would legalize same-sex unions (civil unions). The latter piece of legislation, though essentially the equivalent of same-sex marriage, is thought by some to be the more moderate and acceptable.
Unfortunately, public opinion regarding legislation, especially issues that touch upon human freedoms, follows the line of reasoning: "If it doesn't affect me, why should I care what others do?" That type of flawed reasoning, however, can lead our society into deep trouble. The fact of the matter is that any society is bound together by the principle of the common good. Indeed, we have responsibility for and to one another. When society fails to respect the rights and responsibilities of its members, it is doomed to failure.
In the case of same-sex marriages or civil unions, there is a clear conflict between the public good and public opinion. The public good, as we have defined it regarding marriage for several millennia, has been the province not only of religion, but also of the state. Governments regulate marriage because this institution affects the future of the state and society. Today, however, public opinion which allows many types of individual freedoms to flourish would hold that same-sex marriage and civil unions are a matter of individual preference and individual freedom.
If our society continues, however, to be guided by misinformed public opinion, we are certainly doomed for difficult days and perhaps even failure. Marriage has been the fundamental building block of society. Marriage between one man and one woman is not simply a public government-sanctioned affirmation of romantic love, or a quaint sentimental attachment to an old tradition. Government rarely concerns itself with such things. However, since government seeks order, structure and stability, its regulation of marriage has occurred ever since society has organized itself and governed itself.
The fundamental interest of government in marriage is to promote order in regard to sexual behavior and to ensure the procreation of children for the stability of society. These two elements are not reflected in same-sex marriages and civil unions nor do these arrangements ensure the future of the state. Today, new reproductive technologies might be used as an excuse for even same-sex marriages to produce offspring; however, reliance on alternative reproductive strategies is a formula for disaster in our families.
Why must Catholics involve themselves in this public debate? The fact of the matter is that the debate is being put forth because of adherence to a value system which upholds individual freedoms to the detriment to the common good of society. As people of faith, our values are inspired not simply by religious belief but sound philosophical reasoning. We have as much right to be heard in the public forum as other value systems. In democratic societies there is a legislative process which unfortunately at times determines morality. To exclude oneself or one's value system from the public debate, however, is not an option for Catholics and persons of good will.
Few of us do not know and love a person with a homosexual orientation. Who does not have a son or daughter, brother or sister, aunt or uncle, cousin or friend that has struggled with sexual identity. Our love for these good people in our lives compels us to wish them only the best and to spare them from pain or suffering.
We don't wish to see them alone or unloved. And so we are torn. For this reason, there are those who consider the inability of same-sex couples to enter into marriage and civil unions as a form of unjust discrimination.
Discrimination is a matter of choice and not every choice is open to every person, especially when the common good would be hurt. Legalizing same-sex marriages or civil unions confers equivalent status with marriage. Although this has happened in other countries and other states in our country, the long-term effects have yet to be seen. Can society be made stronger through this so-called alternative to marriage? What impact will this have upon children of these unions and upon our own families? Will it promote fidelity among same-sex couples? How will the dissolution of these unions be handled? Will new divorce laws need to be passed to deal with these situations?
There certainly are legitimate concerns that those with a homosexual orientation, and we who love them, have regarding their own welfare. Certainly, we should oppose any efforts to single-out or persecute those with whom we disagree.
Perhaps, as a society we ought to extend equal benefits to those in non-traditional situations, including relationships we would find objectionable. These issues, however, can be dealt with legislatively, but not by creating a whole new institution. The state has an obligation to promote the family through marriage. Therefore, it can justly give married couples rights and benefits not extended to others. Ultimately, the stability and flourishing of society is dependent on the stability and flourishing of family life.
The legal concerns of persons in homosexual unions, however, can be obtained without regard to marital status. For example, individuals can agree to own property jointly. They can generally designate who will make health-care decisions, in case one becomes incompetent. There are many other legal considerations that can be dealt with, short of recreating a whole new institution for which the state ultimately becomes responsible. To use a graphic image, it is like trying to kill the fly with a hammer. The excessive force, in this case of law, is not necessary.
This week, I truly will ask all of you to "put out into the deep." It is the deep waters of political involvement. The State Catholic Conference is activating its legislative network to contact our legislators to indicate their opposition to the passage of same-sex marriage and civil union laws in the State of New York. You can join that network by going to the website: www.nyscatholic.org.
Although the legislature seems to have capitulated to the governor's wishes, the Senate still has yet to make a final decision on whether we will support same-sex marriages or compromise with a legal structure for same-sex unions. It is imperative that our State senators, in particular, hear from their constituents so that they can prevail upon the head of the leader of the State Senate, Senator Joseph Bruno, to resist the pressure that he is feeling to enact legislation in this regard. I urge you to take some time to contact your legislators.
The Senate switchboard is (518) 455-2800. And the Assembly switchboard is (518) 455-4100. They need to hear that your opinion is not part of what is commonly held to be the general public opinion.
Silence in this matter will give the opposition the upper hand. Act now. Time is of the essence.
