Abstract
This chapter considers the topic of same-sex marriage and the ordination of gay and lesbian clergy from the perspective of several religious traditions. The chapter focuses on the internal legal and theological struggles faced as these religions considered doctrinal and spiritual change to longstanding practices. Four religious traditions are explored: United Synagogue of Conservative Judaism; The Episcopalian Church; Japanese Zen Buddhism; and the Roman Catholic Church. Three of these four traditions have recognized and accepted same-sex marriage and ordination of gay clergy, but the processes through which they developed those responses, and their theological approaches, have been quite different. The fourth tradition, the Roman Catholic Church, had a different response than the other three traditions and this will be explored as well.
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Notes
- 1.
Ravitch (2016).
- 2.
For example, United Synagogue of Conservative Judaism requires member synagogues to follow a number of requirements, including being strictly Kosher, but individual synagogues and their rabbis maintain quite a bit of freedom regarding other religious and governance issues. The United Synagogue of Conservative Judaism, Standards for Congregational Practice (1959, last amended in 2017), http://www.uscj.org/LeadingKehilla/Leadership/StandardsforCongregationalPractice.aspx (visited Sept. 3, 2017).
- 3.
- 4.
Nevins (2017).
- 5.
Dorff et al. (2012).
- 6.
Dorff et al. (2006).
- 7.
Id at 2–4.
- 8.
Id at 2–4, 15–17, 19–20.
- 9.
Id at 9–20.
- 10.
Nevins (2017).
- 11.
See generally, Dorff et al. (2006).
- 12.
Id at 2–4; Nevins (2017).
- 13.
Dorff et al. (2006), at 4–8.
- 14.
Id at 9–17.
- 15.
See generally, Id.
- 16.
Id at 9–17.
- 17.
Id.
- 18.
Id at 2–4, 9–17.
- 19.
Id at 8; Nevins (2017).
- 20.
Dorff et al. (2006), at 4–8.
- 21.
Id at 4–8.
- 22.
Id at 5–8.
- 23.
Id at 8.
- 24.
Id at 8.
- 25.
Id at 2–4, 8.
- 26.
See generally, Id.
- 27.
Id at 4–5.
- 28.
Id at 8, 17.
- 29.
Id at 5, 7–8.
- 30.
Dorff et al. (2012).
- 31.
Id.
- 32.
Ogden (2017).
- 33.
The Acts of Convention, Reaffirm Participation in the Anglican Communion While Acknowledging Differences, Resolution Number 2009-D025 (2009).
- 34.
The Acts of Convention, Amend Canon 1.18 (Of the Solemnization of Holy Matrimony), Resolution Number 2015-A036 (2015).
- 35.
- 36.
O’Halloran (2014).
- 37.
The Acts of Convention, Amend Canon 1.18 (Of the Solemnization of Holy Matrimony), at Sec. 7.
- 38.
The Acts of Convention, Reaffirm Participation in the Anglican Communion While Acknowledging Differences.
- 39.
- 40.
Church Governance, http://archive.episcopalchurch.org/governance.htm.
- 41.
Id.
- 42.
Id.
- 43.
See, The Acts of Convention, Amend Canon 1.18 (Of the Solemnization of Holy Matrimony), at Sec. 7.; The Acts of Convention, Reaffirm Participation in the Anglican Communion While Acknowledging Differences.
- 44.
See, Ogden (2017).
- 45.
- 46.
The Acts of Convention, Reaffirm Participation in the Anglican Communion While Acknowledging Differences.
- 47.
Id.
- 48.
The Acts of Convention, Adopt Statements on Threats Against Sexual Minorities, Resolution Number 2012-D061 (2012).
- 49.
The Acts of Convention, Amend Canon 1.18 (Of the Solemnization of Holy Matrimony); Supplemental Materials, Appendices of the Report of the Standing Commission on Liturgy and Music, https://extranet.generalconvention.org/staff/files/download/13068.pdf (last visited 9/7/2017).
- 50.
The Acts of Convention, Amend Canon 1.18 (Of the Solemnization of Holy Matrimony), at Sec. 7.
- 51.
The Acts of Convention, Amend Canon 1.18 (Of the Solemnization of Holy Matrimony), at Sec. 4.
- 52.
O’Halloran (2014).
- 53.
Task Force on the Study of Marriage, https://extranet.generalconvention.org/staff/files/download/12485.pdf (last visited on 9/7/2017).
- 54.
Id at 9.
- 55.
Id at 10.
- 56.
See generally, Id.
- 57.
Id.
- 58.
Id.
- 59.
Id.
- 60.
The Acts of Convention, Amend Canon 1.18 (Of the Solemnization of Holy Matrimony), at Sec. 7.
- 61.
Borup (2008).
- 62.
Id.
- 63.
See, e.g. A Universal Statement of Marriage Equality from the Zen School of Buddhism in Australia (Australian Zen Institute 2016) (statement supporting marriage equality bill signed by leaders of several Zen Buddhist schools in Australia and elsewhere).
- 64.
O’Donoghue (2016).
- 65.
Id.
- 66.
Borup (2008), at 12–20.
- 67.
Shunkoin Temple Website: History of Shunkoin Temple, http://www.shunkoin.com/direction.html (last visited on 9/19/17).
- 68.
- 69.
Id (all sources).
- 70.
Universal Statement of Marriage Equality from the Zen School of Buddhism in Australia.
- 71.
Aitken (1995).
- 72.
- 73.
Aitken (1995).
- 74.
Id.
- 75.
Id.
- 76.
O’Donoghue (2016), at 171.
- 77.
Id. at 168–171; Universal Statement of Marriage Equality from the Zen School of Buddhism in Australia; Baroni (2002).
- 78.
Aitken (1995); See, e.g. Universal Statement of Marriage Equality fromthe Zen School of Buddhism in Australia(Australian Zen Institute 2016) (statement supporting marriage equality bill signed by leaders of several Zen Buddhist schools in Australia and elsewhere).
- 79.
Id (both sources).
- 80.
O’Donoghue (2016).
- 81.
See note 68 and accompanying text.
- 82.
Takarazuka Becomes Fourth Municipality in Japan to Recognize Same-sex Unions, The Japan Times (May 31, 2016); Sapporo to Join Other Cities in Recognizing Same-sex Partnerships as Marriages, The Japan Times (Dec. 22, 2016).
- 83.
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, issued by the Congregation for Catholic Education, Rome, Memorial of St Charles Borromeo, Patron of Seminaries (approved and ordered published by Pope Benedict XVI, Aug. 31, 2005) (concerning ordination) (hereinafter “2005 Statement”); Considerations Regarding Proposals to Give Legal Recognition to Unions Between Homosexual Persons, Congregation for the Doctrine of the Faith (approved and ordered published by Pope John Paul II, March 28, 2003, publication by Congregation for the Doctrine of the Faith, June 3, 2003) (same-sex marriages and unions).
- 84.
See, e.g. 2005 Statement, at Sec. 2 (“Such persons must be accepted with respect and sensitivity. Every sign of unjust discrimination in their regard should be avoided. They are called to fulfil God's will in their lives and to unite to the sacrifice of the Lord's Cross the difficulties they may encounter”).
- 85.
Persona Humana: Declaration on Certain Questions Concerning Sexual Ethics, Sacred Congregation for the Doctrine of the Faith, at Section VIII (approved and ordered published by Pope Paul VI on Nov. 7, 1975, published by the Sacred Congregation for the Doctrine of the Faith, Dec. 29, 1975).
- 86.
2005 Statement, at Sec. 2.
- 87.
The Gift of the Priestly Vocation: Ratio Fundamentalis Institutionis Sacerdotalis (issued and ordered published by Pope Francis, Vatican City, Dec. 8, 2016).
- 88.
Id at 81–82.
- 89.
Persona Human: Declaration on Certain Questions, at Sec. VIII.
- 90.
Cameli (2016).
- 91.
DeBarnardo (2016).
- 92.
2005 Statement.
- 93.
Post-Synodal Apostolic Exhortation Amoris Lætitia of the Holy Father Francis to Bishops, Priests and Deacons, Consecrated Persons, Christian Married Couples, and All the Lay Faithful on Love in the Family, (Issued by Pope Francis on April 8, 2016) (hereinafter “Amoris Laetitia”).
- 94.
Considerations Regarding Proposals to Give Legal Recognition to Unions Between Homosexual Persons, Congregation for the Doctrine of the Faith (approved and ordered published by Pope John Paul II, March 28, 2003, publication by Congregation for the Doctrine of the Faith, June 3, 2003) (applicable to same-sex marriages and unions).
- 95.
Id.
- 96.
Id.
- 97.
Id.
- 98.
Id.
- 99.
The Catechism of the Catholic Church, Article I, Section 1954, available at http://www.vatican.va/archive/ccc_css/archive/catechism/p3s1c3a1.htm (last viewed on 9/15/17).
- 100.
Id.
- 101.
Considerations Regarding Proposals to Give Legal Recognition to Unions Between Homosexual Persons, Congregation for the Doctrine of the Faith (approved and ordered published by Pope John Paul II, March 28, 2003, publication by Congregation for the Doctrine of the Faith, June 3, 2003).
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Ravitch, F.S. (2018). Tradition’s Edge: Interactions Between Religious Tradition and Sexual Freedom. In: Giles, J., Pin, A., Ravitch, F. (eds) Law, Religion and Tradition. Law and Religion in a Global Context, vol 1. Springer, Cham. https://doi.org/10.1007/978-3-319-96749-3_4
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