Thursday, April 16, 2009

An Open Letter: The "Unchanging" Church and Marriage

April 16, 2009

The Most Reverend Timothy Dolan
Archbishop of New York
1011 First Avenue
New York, New York 10022

Re: The “Unchanging” Church and Gender-Neutral Civil Marriage: An OPEN Letter

Your Excellency:

At the outset, I wish to welcome you to your new post as the apostate* spiritual leader of the millions of Roman Catholics in the Roman Catholic Archdiocese of New York (NOTE: *apostate? This is a technical apostasy only applicable to the members of the hierarchy of the Roman Catholic Church, since the Mystical Body of Christ remained with me when Father David Clifford, the associate pastor of my former parish in Valhalla, New York, asked me to not come back in August 1999 because my transition was “causing a scandal in the church.” Prior to that I spent 15 years at that parish as the cantor for the 8:00 AM Sunday Mass, and I sang with the choir. I was involved with the parish Home School Association. I also spent three years studying for the priesthood at a Roman Catholic seminary. But all this is merely a footnote.)

Unfortunately you chose, at a press conference held just before your installation as Archbishop, to make at least two erroneous statements about Church history in a single phrase, namely, that the Faith “remains changeless and has for 2,000 years.”

Let’s take the second error first – the length of time the “Faith” has been around: Christianity was not founded until after Jesus Christ was crucified (and in accordance with the Faith, rose from the dead and ascended to Heaven). One might consider that the “foundation” at the earliest could be considered to have taken place at the original Pentecost – which means you’re over twenty years shy of two millennia. One might date the founding of the Roman Catholic Church to as late as the Great Schism of 1054 C.E., which split a then-somewhat-unified Christianity into two great groups – the rites of the Orthodox Churches and their various Patriarchates, and the rites (now pretty much a single Latin rite) associated with the Patriarch of Rome, who at that point was asserting the doctrine of papal supremacy; that the Pope was no longer primum inter pares among the patriarchal successors to the Apostles. If we take this later date, the Roman Catholic Church, while one of the successors or “daughter Churches” to the Christianity established at Pentecost and first doctrinally formalized at the first Council of Nicaea in 325 C.E., may be conceived, based on the time of this schism, to be something on the order of 45 years shy of one millennium.

That leads us to the second error, that the faith is “changeless.” Of course, this idea of changelessness can be dated, again, to either the formalization of the Faith in 325 C.E. at the time of the adoption of the Nicene Creed, or to 1054 C.E. when the Roman Church used the casus belli of its addition of the filioque to the Creed, changing it from the original. But that idea of changelessness in the faith, regardless of the date to which we can trace it, can only go to the so-called “core beliefs” that are shared by all who accept the tenets contained within the Nicene Creed (for our purposes, while I believe the Eastern Patriarchs were more correct on the filioque controversy, we’ll also leave that controversy to the side).

In your press conference you transferred that concept of “changelessness” from those central tenets of the Faith that are truly (well, except for the Great Schism) unchangeable for Catholic and Orthodox Christians, to those various bits and pieces of Church tradition that have only got only a rather relative and sometimes dubious longevity in practice, and to some of those doctrines adopted at Church Councils (sadly, none since a time prior to 1054 C.E. have been truly “universal” and thus can’t be seen as binding on Christianity – so the universally accepted councils, for those not steeped in Church History are Nicaea I - 325 C.E., Constantinople I – 381 C.E., Ephesus – 431 C.E., Chalcedon – 451 C.E., Constantinople II – 553 C.E., Constantinople III – 680-81 C.E., Nicaea II – 787 C.E.).

For example, the doctrine of papal infallibility dates only to 1870 C.E. – The Immaculate Conception dates only to a papal dogmatic declaration of 1854 C.E..

So let’s take a look at the current “controversial” things to which you seem to want to append the idea of “changelessness.”

Abortion: The Church’s initial teachings on “ensoulment” and abortion are based on writings of Aristotle, St. Jerome, St. Augustine and St. Thomas Aquinas – all of whom believed that “ensoulment” occurred several weeks after conception. Pope Innocent III, to whom one might ascribe “infallibility” (though there is the story of one Pope trying and condemning a deceased predecessor – try sorting *that* out), made it Church doctrine around the 13th century that abortion was permitted until fetal animation (called “quickening” Aquinas posited that girl souls were implanted at 90 days after conception, while boys got souls after only 40.

Of course, this medieval and Aristotelian-based philosophical stuff ignored the majestic message of Sacred Scripture, in which the infusion of the soul (and the soul’s taking leave of the body) is inextricably intertwined with breathing – the soul itself involves the “breath of God” or “the breath of life.”

It was not until the 19th century that the Church started to change its position on abortion – and, of course, we have Pope Paul VI’s 1968 encyclical Humanae Vitae that is largely responsible for the Church losing its moral compass on the ideas and concepts of ensoulment and what constitutes a human being. Human life is a continuum, but a human being does not exist until birth and breath. Humanae Vitae prohibited Catholics from the use of any sort of artificial birth control.

It’s clear what the current Church hierarchy teachings are on abortion and birth control – I submit that while these may be binding on those Roman Catholics who accept the apostasy of the Church hierarchy in its misguidance of the flock, it is in no way appropriate for the hierarchy, and that means you, your Excellency, to take action as the agent of a foreign power to interfere with the constitution and laws of the State of New York and the United States as they apply to those citizens and inhabitants of the United States and the State of New York who do not subscribe to your hierarchical apostasy.

Let’s move on to priestly celibacy and the ordination of women. While these are certainly matters reserved to the hierarchy, it is exasperating when you take advantage of innocent Roman Catholics who are supposed to be members of your flock, who have not had the opportunity to take a seminary course in Church History, to misinform them that these things are “changeless” doctrines of the Church. Shame on you, your Excellency!

As you well know, the doctrine of priestly celibacy in the Western Church has its roots in canon XXXIII of the Spanish Council of Elvira (295-302 C.E.) – and this Western doctrine was expressly not adopted at Nicaea I in 325 C.E. – at which the Church Fathers merely confirmed the prohibition of mulieres subintroductas (no women in a bishop’s priest’s or deacon’s household except a female relative. Church tradition discouraging or forbidding priests marrying after ordination does predate the Council of Nicaea I. At various times in the West, similar prohibitions were adopted at various synods. The final thrust in the Roman Chuch came at Lateran Council II, at which the Church pronounced any marriage contracted by subdeacons or any members of higher orders to be invalid – leaving any conjugal relationships by clergy in the Western Church to be seen as mere concubinage. The celibacy doctrine was further reinforced at Lateran IV and Trent.

Still, the Church in the Modern World may well be prepared for changes in the doctrine – the large numbers of priests who are unable to keep to vows of celibacy and chastity, and who in attempting to suppress their sexual natures turn to alcohol abuse, child sexual abuse, seduction of widows and divorcees, and other matters one might deem to be “scandals in the Church.” While the apostate* Church response to the child abuse scandal has been a witch hunt to remove priests who were naturally endowed with a same-sex sexual orientation, you must know that does not address the root of the scandal.

As to the ordination of women? The early church ordained women. There is evidence in the writings of St. Paul that women were deaconesses, and as late as the 8th century C.E. there were bishopesses, priestesses and deaconesses (in these latter cases, these women were wives, respectively, of bishops, priests and deacons, with whom there were no longer supposed to be conjugal relations, but both husband and wide were to devote themselves to ministering to the flock).

Neither priestly celibacy nor the ban or ordination of women is “changeless” doctrine. However, the apostate hierarchy of the Roman Catholic Church has the power to change these things, at a Council, or upon a pronouncement by the Pope (neither of which seems to be likely). You, your Excellency, are certainly correct in asserting that you do not have the power to change these things. You do, however, have the power to privately (publicly would be scandalous, of course) express opinions to the Pope and your fellow bishops that a loosening of doctrine in these areas might be beneficial to the Church. (You also may truly believe that current doctrine rooted in long tradition should not be touched.)

Let’s move now to marriage, a matter which I take very seriously. I am most deeply disappointed in your opposition to the state recognizing civil marriage on a gender-neutral basis. I am aware of your history of anti-marriage activism in secular civil matters from when you were stationed in Wisconsin, where you strongly supported that state’s 2006 constitutional amendment prohibiting gender-neutral marriage and abused your episcopal power and authority to silence the vocal moral opposition of nearly 150 of your priests to this immoral, vile and heterosexual supremacist measure.

Based on this, I must come to the conclusion that your Excellency is really not such an Excellent personage, after all. I am well aware that you are constrained to obedience to the immoral and unethical pronouncements of Joseph Ratzinger (the apostate* anti-Pope Benedict XVI, and the chief architect of the retreat from Vatican II’s encounter between the Church and the Modern World) and the apostate* Roman Catholic Congregation for the Doctrine of the Faith on the subjects of heterosexist supremacy and the institution of marriage.

You and your apostate* Church hierarchy are certainly entitled to limit sacramental Holy Matrimony to those who are approved and qualified to receive the sacrament by the apostate* Church rules. That is, at least one of the parties must be a Roman Catholic, and the other party, if not Roman Catholic, must solemnly agree that any children of the marriage are to be raised within the Roman Catholic Church in order to receive a dispensation and participate in the Sacrament. Longstanding but not “changeless” Church doctrine also requires the participants in a sacramental marriage to be members of the opposite sex relative to each other. (The early Church blessed same-sex unions, such as that between Saints Sergius and Bacchus, based on Sacred Scripture, which in 1 Samuel 18, we see a sacred marriage covenant entered into between God’s anointed, David, and King Saul’s son Jonathan, while later in the same chapter, when Saul gives to David Saul’s daughter Michal in marriage, accurate translations (such as Darby and ASV) make it clear that Saul proclaims that this marriage to Michal makes David Saul’s “son-in-law a second time” (the first time being in the marriage with Jonathan). This bit of Scripture is not taken out of context – and while it is clear that there are many references in Sacred Scripture to heterosexual marriage, this one reference makes it clear that same-sex marriage covenants, as well as polygamy, are sanctioned by Scripture, though not by current understandings of Church tradition. I grant that Jerome fudged the translation of the Vulgate in this chapter, leading King James, Douay-Rheims and other Vulgate-based translations into confusion, so you might dispute the reference to “son-in-law a second time – after all, it is Church doctrine that the Vulgate is the “official” Bible of the Catholic Church.

So we have long-standing but not “changeless” Church doctrine that deals with the Sacrament of Holy matrimony.

Where you and the apostate* Church hierarchy fall into deep immorality and error, is in the insistence that Church doctrine in the area of marriage must be applied in the secular law, despite the strong American secular traditions of the free exercise of religious belief, and the guarantees of individual rights and equal treatment under the law.

Your proclamation that you “don’t shy away from these things” and will work to oppose the gender-neutral marriage bill that Governor David Patterson is about to introduce, makes you an enemy of the American people and the social contract that is the basis and foundation of the United States of America and the State of New York.

There is an uneasy balance between the “majority rule” of democratic institutions, and the “tyranny of the majority” when democratic rule is misused and abused to create special rights for the majority in oppression of the minority. In this case, your erroneous position on civil marriage puts you on the wrong side of the principles of justice, fairness and equal protection under the law.

Your position pits you against the children being raised by same-sex partners in stable relationships. Your position pits you against same-sex partners with long-standing relationships who are forcibly separated under the immigration laws of the United States. Your position pits you against transsexual people – as you well know, the Church held in a sub secretum document published by the Congregation for the Doctrine of the Faith in 2000 C.E. (leaked to Catholic News Service in 2002 C.E.) – it’s the Vatican’s position that transsexual people cannot be allowed to marry anyone (male, female, or other), must live lives of celibacy, and may not be admitted to holy orders or even be members of a religious order, congregation or convent (even third-order Franciscans!).

In this area of interference in the civil law, you, your “Excellency,” represent the worst in the abuse of Church doctrine to suborn the processes of secular affairs that have nothing to do with the Church.

While you may have to accept the pernicious and immoral pronouncements of the apostate* Church hierarchy, in particular the vile Considerations regarding proposals to give legal recognition to unions between homosexual persons of July 31, 2003, you are not obliged to blindly follow this. You have a right, as a person who may well have an ounce of moral fortitude in your soul, to take this particular declaration of Church policy in such a way as to permit you to take the high road on this issue and not actually interfere in the process of recognition of the civil rights of the minority. It is not a sin of omission to refrain from taking action to oppose civil laws that would permit government to cease oppressing the minority that your superiors in the apostate* Church have immorally and in an ultra vires manner ordered you to oppress. You may have the moral compass to refuse immoral orders of your superiors – indeed, you have the duty to refuse these orders.

I warn you, however, your “Excellency,” that your interference in secular and civil law in this area will be met with vigorous opposition. If you succeed in your quest to stifle this legislation, you will find me as a strong advocate in opposition to your apostate* Church.

Among the things I might consider:

- laws that would require all of the clergy and members of the hierarchy of your apostate* Church in the United States register as agents of a foreign power. (This thinking is not original on my part – Cardinal Law had to be dissuaded from claiming diplomatic immunity on this sort of basis when his diocesan priestly sex scandal caused him much grief.)

The fact is, the only religion in the world with which the United States maintains a diplomatic ambassadorial relationship is the apostate* Roman Catholic Church, by virtue of its temporal administration of the Vatican City-State. It makes perfect sense to see Catholic prelates who seek to apply principles of the 2003 abomination of a doctrinal message in interfering with American legislative and judicial processes as “agents of a hostile foreign power.” This would not be an unwarranted breach by the State of the separation of government and religion, but an appropriate and necessary reaction to a religious cancer that has already interfered enough in secular affairs.

- laws denying the hostile foreign power apostate* Roman Catholic Church the right to own tax-exempt real estate in the United States, with the exception of embassies and consulates (cathedrals, Episcopal residences and diocesan administrative offices would qualify, assuming we are continuing to maintain diplomatic relations with the Holy See, but not the ownership of parish churches and schools – these would also have no break from local taxation, since they are used by the hostile foreign power to interfere with the internal affairs of the civil law of the United States and the several States; they may even be subject to seizure).

In addition to legislation along one or more of these lines, and the denial of tax exemptions, there are other things I might consider advocating. Since you, and other bishops, on behalf of the apostate* Roman Catholic Church hierarchy officially act in a hostile manner toward the rights and freedoms of the People, as the agent of a hostile foreign power, with the purpose of subverting the American system of government and establishing a sort of Christianist theocracy, I would urge the federal government to break off diplomatic relations and expel all of the hierarchy (or at least those acting in such a hostile manner) from the territory of the United States until such time that the Vatican agrees to not interfere in the domestic affairs of the United States or the several States and at least as to the United States, rescinds the July 2003 document which is the basis for malicious interference in secular affairs.

I admit that these may seem to be somewhat “fringe” positions to take – but they would represent an appropriate response to your proposed active interference on behalf of the apostate* Church in secular matters, if it should be successful (I would not bother to advocate that the apostate* Church be treated as a “hostile foreign power” if you fail, hostile though the hierarchy may be by its actions to people like me). You cannot expect to be able to abuse your position of power as Archbishop of New York without risking the potential adverse consequences of violating the boundaries between Church and State, particularly when the Church you represent is also a Sovereign State in its own right.

Now that I have gotten the unpleasant matters out of the way, I do welcome you to New York. I understand that in areas other than these controversial areas of apostate* Church immorality and hostility to the interests of the people of the State of New York and the United States, you are reputed to be a fine preacher and a prelate who gets along well with your priests, at least with those who are quiet about matters which they might otherwise express disagreement.

While I have shaken the dust of your apostate* Church that has rejected me, from the sandals on my feet, I do retain a certain interest in Catholic matters. While my faith has unraveled to the extent that I am more theologically comfortable with Unitarian Universalism than I am with the sort of things I had to suspend my disbelief to accept that are among the minutiae of Roman Catholic teachings, including some things that are articles of faith under both versions of the Nicene Creed (oh, I *could* believe in some of these things, but the Church’s failures in moral theological maters has made me suspect of its authority in other areas in which it claims to be the possessor of the sole and complete Truth – so it makes me question things like the Church’s understanding of the “Virgin Birth,” the “Immaculate Conception,” the “Assumption” and even a truly central tenet such as the Resurrection. These days I think Thomas Jefferson had a better grasp of the Nature of Jesus than any Catholic theologian – but then again, that’s my personal faith development after having been rejected by the apostate* Church).

In any event, I do hope that despite our doctrinal, political, and other differences, that you serve the Catholic population of the Archdiocese of New York in an appropriate way as a good and faithful Shepherd of this large and diverse flock. I may be among the Other Sheep, exiled and outcast from that flock for being different, but that does not prevent me from wishing you well in those aspects of your work that involve ministering to the legitimate spiritual needs of the Catholics under your jurisdiction.

With warmest regards,

s/
Joann Marie Prinzivalli, Serva Servarum Deae
State Director, New York Transgender Rights Organization (NYTRO)

Wednesday, April 15, 2009

On Maggie Gallagher, Marriage and Religious Liberty

Nearly a week late, on her Tuesday, April 7, 2009 column entitled Gay Marriage and the future of religious liberty, nationally syndicated right-wing columnist, President of the so-called National Organization for Marriage (which, curiously, is an anti-marriage group), and Ossining, New York resident Maggie Gallagher makes the claim that laws that make marriage gender-neutral threaten the religious liberty of the citizens of those states that enact such laws.

She claims that same-sex marriage “asks religious Americans to surrender a core belief” vaguely citing both Leviticus and Genesis, but like most Bible-thumpers, completely ignores the message of 1 Samuel 18, in which David, the anointed of God, enters into a same-sex marriage covenant with King Saul’s son Jonathan, and later in the same Chapter, when Saul also gives David his daughter Michal in marriage, Saul says that this makes David his son-in-law a second time. Maggie claims that opposite-sex-only-marriage is a core belief of Christians, but she ignores the Biblical evidence for gender-neutral marriage.

Her argument is specious – the adoption of gender-neutral marriage laws does not force religious Americans to give up any belief at all with regard to their religious beliefs with regard to marriage. In fact, the adoption of gender-neutral marriage laws involves an affirmation of religious freedom.

The Catholic Sacrament of Holy Matrimony between a man and a woman is not adversely affected by making civil marriage laws gender-neutral – a man may still sacramentally marry a woman in a Catholic Church. But now, Quakers, Unitarians and others whose deeply held religious beliefs sanction the religious marriage of two men, or two women, may now exercise the freedom of their deeply-held beliefs.

Maggie also envisions a dystopian future where courts will ban private discrimination within the churches. To an extent, this is utter nonsense. However, when it comes to dealing on the secular plane with people of different religious beliefs, the law should brook no discrimination. Religious freedom, like the freedom of speech, is not an absolute and untrammeled right of one religious tradition to impose its beliefs on all. That would be like Maggie Gallagher, whose organization seeks to do just that.

But when religious groups venture into the world of commerce, respect for other beliefs must be paramount. Mormons can ban anyone without a Temple Recommend (even other Mormons) from their temple precincts – but if they operate a business, they should be obliged to obey non-discrimination laws in the conduct of that business – particularly if they receive government funding or tax relief.

Still, I believe there is a legitimate church-state issue here that Maggie does not seem to comprehend or raise – government should have no authority over religious marriage or the regulation or sanctioning of religious marriage. New York’s domestic relations law has several sections pursuant to which clergy are authorized to perform marriages in the State of New York, and provides penalties for clergy who do not perform marriages in accordance with state law. This is an unwarranted intrusion into religious freedom. Clergy should have no right to preside over a secular marriage (unless they do not discriminate against anyone with a valid government-issued license), and the government should have no say about the termination of any religious marriage contract.

The distinction between secular and religious marriage is most apparent in the area of divorce laws – while under current unconstitutional law, a Catholic priest might preside over a combined secular/religious wedding, a catholic tribunal may only terminate or void the religious sacrament, while the divorce court may only terminate the civil marriage contract. It’s the same in Jewish tradition, where the Jewish religious marriage contract can only be terminated by a “get,” while the state only requires that the husband agree to obtain a get as a condition of the civil divorce decree being obtained. (This, too, is an intrusion into religious liberty.)

We should look to the more enlightened European countries, which strictly separate the secular civil marriage performed by a civil official, from a religious sacrament, contract or blessing. Such a true separation of church and state would help ease the confusion in the minds of ignorant people like my neighbor Maggie Gallagher and her ilk. She objects to being called a bigot, even though to those who are not ignorant, her position on imposing her personal bigoted narrow un-Christian Christianist beliefs on everyone is clearly seen as bigotry by anyone who has a modicum of decency or morality. To be charitable, perhaps she is truly ignorant or incapable of grasping truth, and not bigoted and mean-spirited on purpose.

If I can respect her civil rights under secular marriage laws, why can’t she accept that those rights should be equally available to persons other than the heterosexual majority?

While I could make a theological argument based on 1 Samuel 18 to the Roman Catholic hierarchy to implore it to change its stance so that it sacramentalizes marriage on a gender-neutral basis, I would expect the hierarchy to make its own rules with regard to sacramental issues. I do not expect the Catholic hierarchy to butt its way into civil marriage, but the Congregation for the Doctrine of the Faith has done so, in a document that is offensive to anyone who respects the founding principles and the social contract upon which the American republic was created.

Maggie Gallagher and her errantly-named NOM group also want to impose Christianist religious bigotry on the civil institution of marriage.

The First Amendment to the American Constitution expressly guarantees freedom of religious expression, not just to conservative Christianists, but to all Americans. The same Amendment also prohibits the government from establishing religion. The only way to accomplish both the religious freedom and the non-Establishment is to separate religious and civil marriage, at the commencement, during the marriage, and also at and after the termination. A civil divorce should not be sufficient to end a religious contract, nor should a religious annulment be permitted to end a civil marriage – it should be the same way at the beginning.

While the government may not establish religion, it can, and perhaps should, respect the binding nature of religious sacramental contracts and blessings, requiring that any existing religious blessing or sacrament be dispensed with prior to permitting a party to enter into any new civil marriage or as a prerequisite to formally granting a divorce (though a civil separation would be available to those under a religious disability). But perhaps that should be the extent of the government/religion connection in the area of marriage.

Such an arrangement would strengthen the religious freedom of Mormons to enter into their more solemn form of marriage with sealing, or a fundamentalist Christian “covenant marriage,” or the Catholic Matrimonial sacrament. After all, a contract should be respected, even if it is a contract entered into under religious auspices.

However, a civil marriage should be required for any of the secular civil rights and responsibilities of marriage to inure.

Interestingly, this separation also creates a hope for some senior citizens in nursing homes who may choose to enter into a religious-only marriage so they can sleep together without sin, while keeping their estates separate and their social security checks intact.

In any event, the picture Maggie paints of gender-neutral marriage laws is bleak and uninviting – but it is all based on a tissue of lies, innuendo and falsification.

Maggie’s final question is “Is Vermont the beginning of a new willingness on the part of the powerful gay-marriage movement to let Christians be Christians?”

Ah, but the question should be asked of Maggie herself – is she and her curiously-named anti-marriage organization willing to let Christians be Christians rather than forcing the state to impose Christianist bigotry on everyone?

Jesus Himself recognized a separation of religion from the secular law when He said, “Render to Caesar the things that are Caesar’s, and to God the things that are God’s.” (cit. all the synoptic Gospels: Matthew 22:21, Mark 12:17 and Luke 20:25). Perhaps Maggie might consider respecting these wise words of Jesus, and keep her religious bigotry out of civil laws that respect all religion, even atheism.

Perhaps Maggie may some day become enlightened. Perhaps she may one day be given the efficacious grace of the Spirit so that she may grow in Wisdom and Understanding, and that she will see the inherent error of her current position. Like Pastor Rick Warren, whom she skewers in her column, perhaps she may one day start down the road to a change of heart - in which her organization might some day truly and really be *for* marriage and not really against it. Perhaps only time will tell.

Sunday, March 8, 2009

Sharing Umbrellas?

In the US, some of the earliest human rights ordinances that were adopted (as early as 1975) treated trans within the definition of sexual orientation. Most later laws and ordinances have made a distinction. But that doesn’t stop some people from seeing “trans” as a sexual orientation.

Some will say that the LGBT “umbrella” (or (or "GLBT umbrella" for those who don't believe in "ladies first") is responsible for the problem. It's the "LGBT Umbrella" that creates the confusion - three "sexual orientations" coupled with "gender identity and expression." Of course, the reason for the inclusion of T (which always comes at the end in the four-letter versions), as well as I (for Intersex) and one or more Qs (for Queer and Questioning), is because all of these identities, orientations and expressions are not shared by the majority of people, who are Cisgendered, Cissexual, Conforming and Heterosexual.

There’s also a controversy about the "transgender umbrella," which has nothing at all to do with sexual orientation – but creates a great deal of agitation among transsexual separatists who claim they don’t fall within the shadow of that umbrella.

Unless it’s properly understood as being reflective of sexual minorities and not only sexual orientations, the "LGBT Umbrella" can create confusion - three "sexual orientations" coupled with "gender identity and expression."

And yes, the transsexual separatists do have a point – the “transgender umbrella” can be misunderstood. (In fact, the separatists themselves often misunderstand it.)

When I do one of my "Trans 101" lectures, I talk about "the binary of sex and gender" and explain that for most people, sex and gender are conflated - male is synonymous with man, and female is synonymous with woman. I also explain that in English, we don't really have good language to easily express the differences, so I use some terms as "terms of art" that take on a slightly unconventional meaning.

Then I start with four basic characteristics to break down sex and gender:

Gender Identity (GI)
Sex Assignment (SA)
Gender Expression/Social Role (GE)
Sexual Orientation (SO)

(You see, sexual orientation gets to be a part of sex/gender, but not the overarching thing)

Then I go with the "Either/Or" of the binary:

GI . . . Masculine . . . Feminine
SA . . . Male . . . . . . . . Female
GE . . . Man . . . . . . . . Woman
SO . . . Attracted . . . . Attracted
. . . . . . .to women . . . . to men


A bit over 90% of the population will identify as one or the other of these "either/or" columns.

Then I get into Both/Neither in each characteristic, bringing in bigender (GI), agender (GI), intersex (SA - for both *and* neither), alternate presentation (GE), mixed presentation(GE), neutral presenation (GE), attracted-to-both (SO), and attracted to neither (SO).

Then we go through how there is such a diversity of identities in that less-than-10% of the population.

Gender Identity and Gender Expression are Cisgender/Transgender characteristics. Sex Assignment is a Cissexual/Transsexual/Intersex characteristic, and Sexual orientation is a Heterosexual/Homosexual/Bisexual/Asexual characteristic.

It's clear to me that those with a reversed polarity in any of the characteristics, as well as those who are "both" or "neither" should be covered in human rights laws.

In a recent e-mail conversation I had with a Canadian trans-activist, I agreed that it is an error for the Canadian Rainbow Health Coalition to include aboriginal two-spirit people *solely* under sexual orientation. Of course, just like everyone else, two-spirit folks do have sexual orientations, they also have gender identities and gender expressions, *and* sex assignments!

As to including "all gender-non-conforming people" as homosexual? That seems a *lot* like a retrogression to the 1960's and 1970's - when the public perception of "trans" was as a kind of "gay." I guess that there is a bit of education that remains to be done.

BTW, on the "transgender as umbrella" thing - if you were to take my little matrix, it shows that both those who accept the "transgender umbrella" and those who reject it, do have a point. Transsexual relates to "sex assignment," Transgender relates to "gender identity" and "gender expression."

But transsexual people, like gay people, don't live in a vacuum. Transsexual people have gender identity and gender expression as well as a sex assignment (or in some cases, a sex re-assignment). For someone assigned as "Or" at birth, having a gender identity that is "Either" is one of the bases for seeking a change of SA. (And part-time crossdressers are often "Both" in gender identity and thus don't seek a change of SA.)

A part of the problem with the way some transsexual separatists view the situation, is that they will focus exclusively on the sex assignment aspect of things, and will even deny the existence of “gender identity.” (And for some, I actually have to refer to “gender identity” as “sex identity” because they will claim “gender identity” doesn’t exist, or refers to the Butch/Femme scale, while taking the definition customarily associated with “gender identity” and calling it “sex identity.” This is, of course, a matter of semantics.)

I am a firm advocate of replacing the “skinner box” psychology-psychiatry-as-equivalent-of-alchemy-astrology idea of “Gender Identity Disorder” with a recognition of Harry Benjamin Syndrome, a medical condition, not a psychiatric one.

I am also a firm believer that people who are born with HBS never really belong in their original sex assignment, and are not really male-to female (MTF) but are Women Born Transsexual (WBT), or not really female-to-male (FTM) but are Men Born Transsexual (MBT). This terminology change would reflect the recognition that people with HBS develop in such a way that their BSTc develops with a characteristic neuronal density related to target sex, not birth-assigned sex, while the mullerian or wollfian duct system developed in accordance with birth-assigned sex (except for those individuals with an intersex condition that is not solely centered in the brain development). The existence of the studies related to the BSTc and the long androgen receptor gene goes a long way to establishing HBS as a reality. I also believe that there is a need for study of the causes of whatever it is that causes non-transsexual transgender identities – is it related to HBS, or is it a completely different phenomenon? Could there be situations where the long androgen receptor gene is only partly expressed? What does the BSTc look like for part-time crossdressers who indicate that they are expressing an inner “feminine identity?” We don’t have answers to questions like these, so we’re in a situation where there is a lot more gray area than one might like, regardless of whether one is a separatist or not.

The fact that there are some ostensibly-heterosexual part-time MTF crossdressers who have an organization that excludes gays and post-op transsexuals doesn’t mean they are the root of some vast “transgender conspiracy” even if the founder of that organization had poorly-conceived understanding of the nature of transsexuality. The fact that there are some who advocate in favor of destroying the binary of sex and gender for everyone (rather than expanding it so that it isn’t just a binary and includes everyone), does not imply that anyone who is not a post-op is a member of this straw-man “transgender conspiracy.” The fact that there are mentally ill and socially pathological people who also have a sexual fetish for opposite-sex articles of clothing does not make them representative of all people “under the umbrella” (and in fact, if these people do not have an “opposite” or “bi” gender identity, those folks are not really under the “transgender” umbrella in the first place), does not support the existence of a vast “transgender conspiracy.”

I can understand and appreciate the fact that there are certain aspects of “reasonable accommodation” to which post-ops should have easier access and recognition, by virtue of having undergone the surgical procedures, which should be recognized as prima facie evidence of entitlement, while those who are pre-op or non-op should have more hoops to jump and perhaps a degree less accommodation. There is a huge difference between this and a common transsexual separatist position, which is that surgery should be the bright line for everything. It is also hugely different from the “straw man” transgender conspiracy created by some transsexual separatists that supposedly advocates that surgery shouldn’t be a consideration for anything, and that everything should be based on identity alone. (And I am sure there are perhaps a few out there who fit the “straw man” definition – after all, there is a diversity among advocates, and some may well fit into the boogie-trans category, monsters waiting under our beds and in our closets. But a few extremists do not represent the entire “umbrella.”)

Some transsexual separatists claim that the inclusive “transgender umbrella” folks are invading their space and claiming that “we are all the same.” The first thing, is that there is not a person with HBS who does not fit into the “set” (set theory was taught to me in the 5th grade with “new math” and I have always found it fascinating) of “people whose gender identity is opposite that expected for persons assigned the sex they were assigned at birth.” That is a “set” that excludes anyone without HBS. But they’re also members of a *larger* set – that of “people whose gender identity is different from that expected for persons assigned the sex they were assigned at birth.”

With the set of “opposite” one includes only persons whose gender identity is opposite that associated with birth assignment. With the set of “different” one also *includes* those whose identity is bigendered or agendered as well as opposite-gendered. That’s the “transgender umbrella” by definition. The only people who aren’t under the shadow of that umbrella are the cisgendered cissexual people who form a large majority (larger, if we include non-trans folks who have a cisgendered cissexual identity while having heir differences in sexual orientation!)

The last thought brings us to the next – what about sexual orientation? It seems that many but not all WBTs who have an issue with the “transgender umbrella” also have an issue with the “LGBT umbrella.” Many but not all of these are heterosexual based in reassigned sex. Perhaps it’s because they, once having completed surgery, desperately want to be included with the Cisgendered Cissexual Conforming and Heterosexual majority, and they see anyone who thinks of them as falling within the minority umbrella (LGBT or transgender) as holding them back from recognition.

The fact is that those transsexual separatists, by aligning with an oppressor majority, attempt to currying favor with that majority by claiming that by virtue of surgery they’ve joined the majority – and it’s those others, those sexual minorities, who shouldn’t have rights. (And there are some who might be transsexual separatists in some regards, who are actually enlightened enough to understand that there are some shared rights.)

Some transsexual separatists who identify as lesbian or bisexual may not have a terrible problem with gay and lesbian people, but see the “transsexual umbrella” as keeping them away from recognition as cissexual, or at least cissexual enough to be accepted as cissexual.

Some of the loathing I see expressed toward “transgender” is aimed at those who are bigender. This phenomenon is very mucg similar to the treatment of bisexual people in some gay and lesbian circles.

It is perhaps axiomatic that people whose polarities are “opposite” bus still within the binary, might have a tendency to look askance as those who have an aspect that falls outside the “Either/Or.” A “Both” identity, orientation or expression, can be viewed badly by those whose desire is to assimilate. (And no one seems to want to bother even thinking about the “Neithers.” It’s as if they didn’t exist – but they do!) With those who are post-op, the assimilation is more acute by virtue of having undergone surgery to fit in, than it is with gays and lesbians who take this view, whose resort in seeking human rights is that “the only difference is in the bedroom” – thus showing a willingness to leave behind those who don’t look straight (or in the case of transsexual separatists, “pass.”)

There are some transsexual separatists who also see “passing” as a factor – they believe that non-passable folks with HBS perhaps shouldn’t have surgery, because they make the passable ones look bad. (There are not too many transsexual separatists with this uncharitable view, but I have seen it expressed).

And yes, there are those "transsexual separatists" who object to the *term* "transsexual separatist." This may be because the term "separatist" has an odious bit of semantic baggage, though they'll indicate that they're not "separate" at all, just "not transgender." (Which, of course requires different definitions of the terms from those communly understood.)

So, is it possible that people can set aside their differences and work together? Is it possible for people to recognize that the “transgender umbrella” does not imply that “we are all the same” but only that “we all share a single characteristic even though we are all different?”

Perhaps not - there will probably always be some who feel a need for separatism. I hope they are and remain a tiny minority. I do hope it is possible to respect the differences while still accepting the umbrella – by looking to our commonalities rather than solely focusing on our differences, we can get farther together.

Thursday, February 26, 2009

Going toe-to-toe with the Christianists

Today on one of my favorite blogs in the whole world, Pam’s House Blend, we get the otherwise cryptically-named article by Pam Spaulding herself entitled:

And Blankenhorn and Rauch think these people will compromise on marriage?

(The cryptic reference to Blankenhorn and Rauch is to an op-ed piece on compromise in federal recognition of civil unions that ran earlier in the week in The New York Times, A Reconciliation on Gay Marriage, by By DAVID BLANKENHORN and JONATHAN RAUCH
Published: February 21, 2009 )

I won’t go into the proposed “compromise” here – that’s not the thrust of Pam’s thoughtful essay.

What Pam writes about here is the right-wing Christianist rhetoric about gays that rings lodly in the halls of Congress and the inner recesses of our state legislatures. Today’s featured nutcase is Colorado State Senator Scott Renfroe, a Republican from Greeley, Colorado.

Renfroe was quoted in opposition to a bill to grant insurance benefits to gay partners of state employees (a bill that passed in the Colorado Senate after his less-than-inspiring speech) as saying “I oppose this bill because of what my personal beliefs are. I think that what our country was founded upon was those beliefs also.”

What are Renfroe’s beliefs? He certainly can’t be a Christian. Then again, even Pope Benedict XVI isn’t really a Christian. People with the sort of belief about LGBT people that Renfroe has, if they claim to be Christians, are lying. They’re Christianists – people who pervert and twist the kerygma of the message of the Good News, and use it as a justification for attempting to take their bigoted feelings about people who are different from themselves, and make their bigotry the law of the land.

How do we deal with the Christianists? Toe to toe on the theological level.

Every time they cite Leviticus 18:22:

"Thou shalt not lie with mankind, as with womankind: it is abomination"


We should turn the other cheek with 1 Samuel 18:3:


“Then Jonathan and David made a covenant, because he loved him as his own soul”

and 1 Samuel 18:21 (KJV and most other translations are confused):


"And Saul said, I will give him her, that she may be a snare to him, and that the hand of the Philistines may be against him. Wherefore Saul said to David, Thou shalt this day be my son in law in the one of the twain,"

giving the impression that David will be marrying one of Saul's two daughters. So let’s not use the old KJV or other mistranslations of this verse. The literal and accurate Darby gives us:


"And Saul said, I will give him her, that she may be a snare to him, and that the hand of the Philistines may be upon him. And Saul said to David, Thou shalt this day be my son-in-law a second time."

The first time was with Saul's son Jonathan, the second with Saul's daughter Michal). That means David and Jonathan were married.

The American Standard version (ASV), also a reasonably good translation, differs from Darby in only two words:


"And Saul said, I will give him her, that she may be a snare to him, and that the hand of the Philistines may be against him. Wherefore Saul said to David, Thou shalt this day be my son-in-law a second time."


John Nelson Darby was the leader of the Plymouth Brethren movement in the 1800s. He was extremely gifted in linguistics. Darby is reputed to be a very rich and accurate translation. By going to the available original language sources rather than translating from St. Jerome's Latin Vulgate, (Douay-Rheims does the best job of that, but most non-Catholic Christianists think that the KJV was "authorized" by God rather than King James . . . ), Darby gets to the essence of what otherwise looks like a completely fumbled passage. After all, when homophobes do the translating, they're more likely to try to obscure the meaning of anything quite as powerful an example of same-sex marriage clearly stated in the Bible as the sacred covenant between David and Jonathan.

How does this relate to Leviticus 18:22? Simply put, at worst this verse from the "holiness code" relates only to a single kind of male-male sexual activity. Some theologians will also link this prohibition to the story of Sodom, and indicate that it relates only to the practice of anal rape, commonly used in the ancient Near East as a way to humiliate a defeated enemy by "using him as one would use a woman" (which has nothing to do with a loving gay relationship). Others would link it to a prohibition of sacramental religious relations with transgendered priestesses of Near East agricultural goddesses (Astarte, Ishtar, etc.), relating more to Caananite religion as the forbidden "competition" for the Hebrews at the time of Leviticus.

The Christianists and their erroneous understanding of Sacred Scripture can be challenged, and should be challenged, on their own theological turf. Too often LGBT people will turn away from Christianity, thinking that the Christianists are the bearers of the Good News. They are not - they pervert the Bible with their Un-Chriatian foul bigotry spawned by Satan. Unless they repent they will be numbered among the goats on the Day of Judgment, asking in their confused false righteousness:


"Lord, when saw we thee . . .a stranger, . . . and have not ministered to thee?

Then shall he answer them saying, Verily I say to you, Inasmuch as ye have not done it to one of these least, neither have ye done it to me.

And these shall go away into eternal punishment, and the righteous into life eternal."

- Mt. 25:44-46 (Darby)

This relates back to one of my favorite passages, Isaiah 56. I often will cite verses 3-5, but see 6-7:


Also the sons of the stranger, that join themselves to the LORD, to serve him, and to love the name of the LORD, to be his servants, every one that keepeth the sabbath from polluting it, and taketh hold of my covenant;

Even them will I bring to my holy mountain, and make them joyful in my house of prayer: their burnt offerings and their sacrifices shall be accepted upon mine altar; for mine house shall be called an house of prayer for all people.

- Isaiah 56:6-7 (KJV)

Strangers are not only those who are from foreign countries and cultures, but also those in our midst who are different by our natures or circumstances from the majority - whether it be based on race, ethnicity, gender, gender identity, sexual orientation, disability, etc.

Real Christians embrace the wonderful diversity in God's creation, while Christianists, even the Pope, abhor it. Like the men of Sodom, their desire is to obliterate us, to humiliate us, to deny us human rights and common decency, solely because we are different, because we are "strangers," because we are aliens in our own native land and culture.

Monday, February 16, 2009

Marriage Equality in the Year of St. Paul

Until June 29, 2009, the Roman Catholic Church is celebrating a special jubilee year dedicated to commemorate the approximate 2000 years since the birth of St. Paul the Apostle.

In honor of St. Paul, let’s start this essay as a meditation on his writings on the issue of the purpose of marriage, expressed in 1 Corinthians 7:8-9:


8 Now to the unmarried and the widows I say: It is good for them to stay unmarried, as I am.

9 But if they cannot control themselves, they should marry, for it is better to marry than to burn with passion.


In addition to this passage from St. Paul, let’s take a look at the recent reports coming from the Roman Catholic Diocese of Raleigh, North Carolina, reported in an article in The Raleigh News and Observer on Sunday, February 15, 2009, entitled Push is on for same-sex celibacy: Raleigh diocese directs ministry at gays, lesbians

I learned about this from a blog essay written by Pam Spaulding, the proprietress of the Pam’s House Blend blog (a blog I highly endorse for its well-written essays), entitled Raleigh, Charlotte dioceses pushing same-sex celibacy, NC marriage amendment

Now that I’ve identified the sources of the reportage, let’s get to meat of the reports.

It seems that the Diocese of Raleigh is embarking on two initiatives related to marriage:

First, the Raleigh diocese is organizing a diocesan chapter of Courage, a group that encourages gay Catholics toward a celibate life, and

Second, the Bishop of Raleigh is planning on joining with the Bishop of Charlotte (also in North Carolina) on February 24, 2009 to endorse a proposed amendment to the North Carolina state constitution to define marriage solely as the union of one man and one woman, to enshrine in the state constitution a ban against equal marriage rights for non-heterosexual people.

I actually don’t object to the bishop starting up a Courage chapter – but I believe that Courage itself is too limited in its scope. It should be aimed at all unmarried Catholics, and not just those with a homosexual orientation. The reason is very much associated with 1 Corinthians 7:8-9.


While I would welcome an expanded Courage aimed at all sexual orientations, I strongly object to the bishops in North Carolina on the one hand trying to discourage promiscuity only for gays by pushing celibacy on them (which works only for those few actually called to a celibate life), and at the same time encouraging the adoption of a constitutional anti-marriage amendment that would serve the opposite purpose, as a secular encouragement of promiscuity in the gay population.

I also disagree with the Roman Catholic hierarchy on its objection to the idea of marriage as a sacramental covenant that is not open to non-heterosexual people. Holy Matrimony as a sacrament should be open to non-heterosexual couples on the basis of the sacred marriage covenant entered into between David and Saul’s son Jonathan (see 1 Samuel 18).

Why do I take these points of view?

Simply because anyone who reads and understands the Bible properly must know that the Church (and all Christian leaders) should, like St. Paul, be teaching that the highest calling for all Christians is to celibacy, while marriage, even though a sacremant as well as a civil right, should be seen only as the last resort for those Christians whose libidos are such that they cannot remain celibate.

By closing the option of sacramental marriage to gays and lesbians, the Roman Catholic hierarchy sets up those of them who cannot live a celibate life, and who, being unmarried *and* without an option to marry, cannot contain their sexual libidos, to a life the Church can in its gross immorality gleefully condemn as sinful.

(A preferable alternative and truly moral point of view is to understand that God does not require the impossible. If marriage is not a sacramental or secular possibility for gays and lesbians, any actions they take to assuage their libidinal feelings outside of marriage cannot be sinful – they have no option to marry, God does not require the impossible, and thus the Church cannot reasonably expect all gays and lesbians to be called to celibacy.)

By closing the option of sacramental marriage to gays and lesbians, the Roman Catholic hierarchy also actually encourages them to enter into lives of promiscuity – by providing no moral alternative. It is a wonder that so many gays and lesbians are able to find a way to live non-promiscuous lives with long-term partners in informal or even legally recognized domestic partnerships, civil unions, and civil marriages. And wise governments, seeking societal stability, will find ways to encourage marriage as a choice for all. The Church, however, ignores this phenomenon and paints a picture of a “homosexual lifestyle” that is purely sybaritic, self-indulgent, decadent and promiscuous. It is this “lifestyle” that the Church creates as a straw man – as if the only alternative for the gay population is celibacy.

On the Raleigh diocese website, this promiscuous “gay lifestyle” is the main reason for the creation of Courage. The diocesan webpage starts with a quote from “Mark,” a Courage member:


“I thought I had the homosexuality under control. I'd been a Catholic for five years, went to daily Mass, prayed the rosary daily, went on one or two retreats a year, and volunteered at my parish. Yet, after a series of crises occurred, I once again became involved in addictive, homosexual behavior. So what happened?”

“Addictive homosexual behavior” is a code word for that straw man “promiscuous gay lifestyle.” I’m not about to deny that such a lifestyle actually exists – but I will deny that it is the only path taken by gay people.

The diocese goes on:


In a recent interview, Fr. Check talked about his experience in counseling those with SSA. “The problem of same-sex attraction does not reduce well to a few words,” he said. “It is certainly no place for slogans or hastily formed conclusions. Most importantly, it calls for abundant and genuine charity, something that in my opinion tends to be conspicuous in its absence from much of the discussion of the topic.”

NCC spoke with a Raleigh woman active in Encourage. Her son was 23 when he announced defiantly – by email -- that he was gay. “I was devastated,” she says. “My son was sinning, alienating himself from me and from God, and I didn’t know how to parent him. All I could say to him was, ‘I love you with all my heart. Stay close to God.’” In her search for compassion and support, she learned about Courage/Encourage in 2004, and became an advocate for the establishment of a chapter in the Diocese of Raleigh.

The perception that people with SSA are happy is a myth, she says: “When my son is ‘acting out’ the SSA lifestyle, his whole personality changes. He becomes distant, cruel and defensive. When he’s not living it, he’s just the opposite, compassionate and empathetic.”

“The problem of same sex attraction is often vexing to those who struggle with it,” Fr. Check concurs. “Shame, loneliness, and a sense of hopelessness are the enemies. Often people with SSA also struggle with sexual addiction, drug or alcohol abuse, depression, anxiety or other mental illness. This remains true even in the places where sexual promiscuity is widely tolerated.”


This whole line of reasoning is specious. That mother would have done herself and her son a lot more good had she gotten involved with her local P-FLAG ghapter. This whole straw man “SSA lifestyle” (SSA = same sex attraction) is not any different from an OSA lifestyle (where OSA means “opposite sex attraction.” Let’s see how much sense the foregoing makes if we make the substitution (and also, as the Church seems to do with SSA, make the same assumption about OSA, that it involves lots of wild promiscuous sex parties):


In a recent interview, Fr. Check talked about his experience in counseling those with OSA. “The problem of opposite-sex attraction does not reduce well to a few words,” he said. “It is certainly no place for slogans or hastily formed conclusions. Most importantly, it calls for abundant and genuine charity, something that in my opinion tends to be conspicuous in its absence from much of the discussion of the topic.”

NCC spoke with a Raleigh woman active in Encourage. Her son was 23 when he announced defiantly – by email -- that he was straight. “I was devastated,” she says. “My son was sinning, alienating himself from me and from God, and I didn’t know how to parent him. All I could say to him was, ‘I love you with all my heart. Stay close to God.’” In her search for compassion and support, she learned about Courage/Encourage in 2004, and became an advocate for the establishment of a chapter in the Diocese of Raleigh.

The perception that people with OSA are happy is a myth, she says: “When my son is ‘acting out’ the OSA lifestyle, his whole personality changes. He becomes distant, cruel and defensive. When he’s not living it, he’s just the opposite, compassionate and empathetic.”

Of course, if a person living a real promiscuous OSA lifestyle then turns to God, the Church might encourage that individual to settle down into a marriage, if he or she can’t remain celibate.

The Church presents no moral alternative to gays and lesbians – only the (impossible for most) idea of living a celibate life. And the treatment of “internalized homophobia” blames the homosexuality itself for the effects of what one might fairly refer to as a “culturally-induced stress disorder.”

Let’s take another look at the last of the originally-quoted paragraphs:

“The problem of same sex attraction is often vexing to those who struggle with it,” Fr. Check concurs. “Shame, loneliness, and a sense of hopelessness are the enemies. Often people with SSA also struggle with sexual addiction, drug or alcohol abuse, depression, anxiety or other mental illness. This remains true even in the places where sexual promiscuity is widely tolerated.”



This is turning the whole problem upside-down! The side effects come from the lack of self-acceptance found in those who feel conflicted between the false teachings they have been exposed to about their natural orientation, and their experience of the orientation itself. The struggles cease when the individual comes to the realization that the Church is wrong, and that the individual can be good and moral and loved by God even if they are gay and having a chaste gay relationship.

The Church finds itself in this conundrum, and is itself the cause of so much of the grief (though secular society and parents and family members must also share some of the blame), because its moral theology starts with false premises about natural law. When the Roman Catholic hierarchy insists that "homosexual acts" are sinful for those with a "homosexual inclination," the hierarchy relies on a false understanding of Natural Law. Homosexual acts are only sinful for those with a heterosexual inclination (they should read and understand Romans 1 with the insight that an "act in accordance with (one's) nature" is not an "act against Nature").

The Roman Catholic Church insists on celibacy as a test for a priestly vocation - to insist that all whose sexual orientation is not heterosexual must be celibate or sinful is a perversion of the message of scripture.

The hierarchy should take a closer look at St. Paul – and to the story of David and Jonathan.

It’s about time that the Roman Catholic Church re-examined its schizophrenic teachings about homosexuality – on the one hand, that gays be treated with respect, and on the other hand, that homosexual activity cannot be condoned.

Such a teaching flies in the face of St. Paul’s teaching – sure, in context, Paul was writing directly about heterosexual people – but the point is extendable to non-heterosexual people as well.

God does not expect the impossible. For those of any sexual orientation who are called to celibacy, God will provide sufficient (and efficacious, if they exercise their free will to do so) grace for them to be celibate. For those who cannot remain celibate because they burn with libidinous passion, regardless of their orientation, a legal, moral and sacramental path must be made available for them to be able to live chaste lives within a marital bond.

To that end, an organization like Courage should be open to all unmarried Catholics – who, straight or gay, should be strongly encouraged to remain virginal, chaste and celibate as their primary goal – and that only those Catholics (and all other Christians) whose souls burn with sexual desire that they cannot completely control should be allowed to marry. (Of course, for those who are not Christian at all, there would be no need for the secular law to address the idea of celibacy as a calling – secular law should permit equal marriage rights for all as a matter of providing a level playing field.

To St. Paul, it’s clear that marriage for the Christian is not for procreation – that was a value suitable solely for those who lived before Christ came as the Redeemer, and for pagans and unbelievers. For those who have accepted Christ, and are not already married at the time they are baptized as Christians, the primary calling is clearly to celibacy. . . if they can handle it. Celibacy should not be the expectation only for priests, gays and lesbians.

Oh, and if I didn’t mention it earlier in this essay (I didn’t), the Church has painted itself into the same sort of moral corner with the trans population. We are not allowed to marry the same sex (or the opposite sex). We, too, are all expected by the Church to achieve the impossible (impossible except for a few) that God does not expect.

God does not expect the impossible - why should the Roman Catholic Church?

Tuesday, February 3, 2009

In defense of Lynn Conway

After looking at the caption of a disturbing message that came into my e-mailbox ("Kenneth Zucker attacks Dr. Lynn Conway's freedom of speech"), and doing some research, I don't think the caption is accurate: it's not an attack on Dr. Conway's freedom of speech; it is a scurrilous attempt to falsely discredit Dr.Conway as a liar and a defamer.

I took a look at the letter and the attachments mentioned in the message. these are found at the following hyperlink:

http://www.intersexualite.org/Zucker-attacks-freedom-of-speech.html

It does not appear to me that Dr. Conway's site itself contains defamatory material. The paragraph quoted on her site from the linked site contains no defamatory material. The fact that there is a hyperlink, and other material on the linked site that may arguably be defamatory (assuming they are untrue and malicious) should be immaterial - the link in question is the equivalent of a citation in an academic thesis - it indicates "here is the source for the quote." Under US and Canadian law, it is clear to me that Dr. Conway's use of the hyperlink is protected from "Dr." (an honorific I don't recognize in his case) Kenneth Zucker (who is better referred to hereafter, like Lord Voldemort in the Harry Potter books, as "[he who must not be named]"). [He who must not be named] and his lawyer know or should know better.

In the meantime, the actual material alleged to be defamatory is confusing from a grammatical point of view.

". . . alleged that as a child [he who must not be named] had sexually abused her."


Was [he who must not be named] a child at the time? Was the alleged victim a child at the time? (Of course the answer to these questions becomes immaterial if there was no actual sexual abuse that occurred - they'd be on the order of "when did you stop beating your wife" when asked of someone who has no wife, or if he has one, has never beaten her.)(Please note that I am not intending to imply that [he who must not be named] has sexually abused anyone - my sole purpose in quoting the material is to point out the grammatical vagueness.)

My idle question about whether the alleged perpetrator or the alleged victim was a minor at the time would be pertinent only if the accusation regarding sexual abuse was true. Peter M. Jacobsen, the author of the lawyer letter harrassing Dr. Conway, does not indicate in what way the arguably false statement is alleged to be untrue - is it because he is interpreting it as meaning that at the time of the (presumed) abuse, the quoted material indicates that his client was underage, or that the purported victim was underage, and that the *opposite* interpretation is true? Is it false because both parties were adults? That they were b oth adults and any sexual contact was consensual? Or are we to understand that the falsity is related solely to the allegation that sexual abuse took place, regardless of the age of the alleged perpetrator or purported victim? Mr. Jacobsen does not make that clear, and this makes us wonder about how this might be similar to former President Bill Clinton's assertion under oath that

"I did not have sexual relations with that woman."


(which, BTW, was true - as long as by sexual relations one expressly means "sexual intercourse.") I am going to make the assumption that the lawyer here believes that the falsity is based on the accusation that sexual abuse took place regardless of the relative ages of the parties. Anyway, so much for reporting on the first thing that crossed my mind in a stream of consciousness as I read the letter and its enclosures.

Turning to matters of legal substance, it's clear to me that this allegation of second-hand defamation by a mere referential hyperlink is an attempt to silence Dr. Conway, who has been an outspoken critic of people like Kenneth Zucker (oops, I mean [he who must not be named]) and Michael Bailey.

The author of the letter, who might be a Canadian lawyer (I have no idea if he is or is not) who at least dabbles in the law of defamation should be aware of the 2008 decision in Crookes v. Wikimedia Foundation Inc., (he can look up the citation himself) in which a Canadian court held that the publication of a hyperlink to an allegedly defamatory site is not "publication" within the ambit of the law of libel. Canada ordinarily treats "free speech" issues with much stricter regulation than the United States, but this case does not follow commonwealth decisions that go the other way, notably in Britain and Australia. If Lynn's site had said "go to this link to learn the shocking truth about [he who must not be named]" then the Canadian court would have been more likely to have found the publication of the link to be defamatory. In this case, though, all the link is, is the equivalent of an academic citation to the original source material for the material that was actually quoted.

A PDF with the entire Crookes decision is found here, at the following hyperlink:

http://www.p2pnet.net/stuff/crookes%20vwikimedia.pdf

Trying to find American cases is a little more difficult - here is a hyperlink to a US COURT OF APPEALS FOR THE ARMED FORCES decision in an unrelated matter (actually a child pornography case under the Uniform Code of Military Justice) that relates to the publication of a hyperlink being held to not equal publication of the information contained in the hyperlink:

http://pub.bna.com/eclr/070199_051408.pdf

On the other hand, we have a federal statute that is clear and on point - 47 U.S.C. 230 (c) (1), which is one part of the 1996 Communications Decency Act that survived judicial review. Section 230 provides:

“No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.”


- and just in case someone thinks a state or local law has to be checked, the answer is no - that's covered by 47 U.S.C. 230 (e) (3), which states:

“No cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section."


It is clear that Dr. Lynn Conway should be able to use a hyperlink as a citation to a site that arguably contains defamatory material, as the source of the non-defamatory material contained on her own site.

There is a California case interpreting the language of the statute, Barrett v. Rosenthal (40 Cal. 4th 33; 146 P.3d 510; 51 Cal. Rptr. 3d 55; 2006 Cal. LEXIS 13529), which makes it clear that the federal law is not limited to protecting ISPs but is also applicable as protection for so-called "distributors."

I would suggest that Peter M. Jacobsen do a little basic research on United States and Canadian law before sending threatening "lawyer letters" on behalf of his clients that appear to have no legal basis.

But let's get to the bottom line here: We know that [he who must not be named] performs harmful reparative therapy on children. I have seen some of the results of his so-called therapy on television, and I am sorry to say that on the basis of the mental suffering caused by his abusive treatments, this is a person whose credentials should be revoked, strictly on the basis of the fact that his treatments are abusive of the children he is purporting to treat. It is an outrage that this man has any connection with the American Psychiatric Association, much less a chairmanship of a committee rewriting a portion of the DSM. I may only have a BA in psychology and a JD (you can call me "Dr." too, but that's not customary), and I am not likely to ever be called upon as an expert witness on matters of child abuse, but I know the results of child abuse when I see them. And Kenneth Zucker's reparative therapy on children with gender identity issues *is* child abuse. Truth is an absolute defense under the law of defamation, so it does not bother me to make the allegation of child abuse solely on the basis of having seen television clips of children that Zucker (Darn, I mean [he who must not be named]!) has treated.

What [he who must not be named] and his lawyer are doing here is prestidigitation - they are trying to paint Professor Conway falsely with a "libel" brush in an attempt to discredit her, to take the focus off the abuse this man is foisting off on the public as treatment for children exhibiting a cross-gender identity, regardless of how the child ultimately resolves the identity issue as an adult.

Professor Conway deserves our support. I hope she continues to speak out on issues that affect us. And I hope that she is not deterred by threats of legal action that are intended to discredit her falsely.

Wednesday, January 21, 2009

Start a Dialogue? Yes, we CAN!

Now that Rev. Rick Warren has delivered his invocation at the Obama inauguration, perhaps we can start to focus on how we’re going to be advancing the cause of gaining recognition of equal civil rights for lesbian, gay, bisexual and transgender people under federal law.

For those who don’t think we should be ready to move forward, ready, let’s recap the situation:

Rick Warren is the pastor of the Saddleback Church, an evangelical mega-congregation in Lake Forest, California, and is the author of a best-selling book, The Purpose Driven Life.

His notoriety in LGBT circles peaked when, after having equated same-sex marriage with incest, pedophilia and polygamy (though it’s pretty obvious to me that the equivalency of these things in his mind may charitably be limited to “these are things Rick doesn’t equate with marriage”), he was invited by the Obama people to deliver the invocation at the Inaugural.

Here is what he said at the time, in an interview:




Rick Warren: But the issue to me is, I’m not opposed to that as much as I’m opposed to the redefinition of a 5,000-year definition of marriage. I’m opposed to having a brother and sister be together and call that marriage. I’m opposed to an older guy marrying a child and calling that a marriage. I’m opposed to one guy having multiple wives and calling that marriage.

Steven Waldman: Do you think, though, that they are equivalent to having gays getting married?

Rick Warren:
Oh I do.

If it was merely a matter of drawing a line from Point A to Point B, it might have been what Joe Solmonese of HRC hysterically called “a punch in the gut.” Or it might not.


There was was more to it – there was a point in the presidential campaign at which Barack Obama and John McCain appeared to speak at the Saddleback Church, and Rick Warren endured much criticism from hard core Right Wing Christianists for allowing Obama to speak.

I’ll let singer-songwriter Melissa Etheridge have the floor now – I’ve said and written from a similar viewpoint, but I think I’ll give the platform to her. She actually had a chance to talk to Warren. Here is what she says about her meeting:



"On the day of the [Muslim Public Affairs Council ] conference [at which Rick Warren was the guest speaker] I received a call from Pastor Rick, and before I could say anything, he told me what a fan he was. He had most of my albums from the very first one. What? This didn’t sound like a gay hater, much less a preacher. He explained in very thoughtful words that as a Christian he believed in equal rights for everyone. He believed every loving relationship should have equal protection. He struggled with Proposition 8 because he didn’t want to see marriage redefined as anything other than between a man and a woman. He said he regretted his choice of words in his video message to his congregation about proposition 8 when he mentioned pedophiles and those who commit incest. He said that in no way, is that how he thought about gays. He invited me to his church, I invited him to my home to meet my wife and kids. He told me of his wife’s struggle with breast cancer just a year before mine. When we met later that night, he entered the room with open arms and an open heart. We agreed to build bridges to the future.”


After her meeting, Melissa Etheridge bravely went forth with her message of peace and reconciliation:



"I believe I understand Obama's choice here. I believe that Barack Obama wants to be the President of the entire United States. Pastor Rick Warren reached out to him, brought him into his church during the campaign, which outraged many members of his church. Yet he reaches across and I think this is Obama reaching back and going, 'I think we can disagree on things, yet we can still all move forward. We need to get past our differences.' And I just want to make sure that as the liberals and progressives and Democrats or whatever you want to call us are moving into this new time with this new president do not say that they, the Evangelicals who say such horrible things about gays, they have to stay over here and we're not going to let them in. That makes us no better than the last administration."


After hearing the actual words Warren used, Melissa continues:



"Just because he (compares gays to incest or polygamy) does not mean I have to not speak to him, or don't ever want to be in his company. We had a crazy experience at the Muslim Public Affairs Council conference...We met, we spoke. He's a fine person...He said he was trying to make the definition of marriage not change, not necessarily saying that gays are pedophiles or any of that stuff. One can draw whatever they want from that. This is what he told me."

Now, I am going to reproduce the Rick Warren invocation here, highlighting what may be words of conciliation:



Let us pray.

Almighty God, our father, everything we see and everything we can't see exists because of you alone. It all comes from you, it all belongs to you. It all exists for your glory. History is your story.

The Scripture tells us Hear, oh Israel, the Lord is our God; the Lord is one. And you are the compassionate and merciful one. And you are loving to everyone you have made.

Now today we rejoice not only in America's peaceful transfer of power for the 44th time. We celebrate a hinge-point of history with the inauguration of our first African-American president of the United States.

We are so grateful to live in this land, a land of unequaled possibility, where the son of an African immigrant can rise to the highest level of our leadership.

And we know today that Dr. King and a great cloud of witnesses are shouting in Heaven.

Give to our new president, Barack Obama, the wisdom to lead us with humility, the courage to lead us with integrity, the compassion to lead us with generosity. Bless and protect him, his family, Vice President Biden, the Cabinet, and every one of our freely elected leaders.

Help us, oh God, to remember that we are Americans, united not by race or religion or blood, but to our commitment to freedom and justice for all.

When we focus on ourselves, when we fight each other, when we forget you, forgive us. When we presume that our greatness and our prosperity is ours alone, forgive us. When we fail to treat our fellow human beings and all the Earth with the respect that they deserve, forgive us.

And as we face these difficult days ahead, may we have a new birth of clarity in our aims, responsibility in our actions, humility in our approaches, and civility in our attitudes, even when we differ.

Help us to share, to serve and to seek the common good of all.

May all people of good will today join together to work for a more just, a more healthy and a more prosperous nation and a peaceful planet. And may we never forget that one day all nations and all people will stand accountable before you.

We now commit our new president and his wife, Michelle, and his daughters, Malia and Sasha, into your loving care.

I humbly ask this in the name of the one who changed my life, Yeshua, Isa, Jesus, Jesus (hay-SOOS), who taught us to pray, Our Father who art in heaven hallowed be thy name, thy kingdom come, thy will be done on Earth as it is in heaven. Give us this day our daily bread and forgive us our trespasses as we forgive those who trespass against us, and lead us not into temptation, but deliver us from evil, for thine is the kingdom and the power and the glory forever.

Amen.


I underlined the parts of the prayer that seem to be showing a conciliatoty attitude. Certainly invoking the idea of a loving God who loves all his creation (even gay and trans people) is a good start.

Invoking the idea that as Americans, we must be dedicated and committed to "freedom and justice for all" doesn't seem to close the door on civil marriage for same-sex couples.

And if I want to be charitable (and why shouldn’t I be?), I would put a very positive spin on his “When we fail to treat our fellow human beings and all the Earth with the respect that they deserve, forgive us.”

Of course, this last sentiment might be in accord with one of the schizophrenic sections of the Catechism of the Roman Catholic Church with respect to the treatment of gay people:




2357 Homosexuality refers to relations between men or between women who experience an exclusive or predominant sexual attraction toward persons of the same sex. It has taken a great variety of forms through the centuries and in different cultures. Its psychological genesis remains largely unexplained. Basing itself on Sacred Scripture, which presents homosexual acts as acts of grave depravity,[140] tradition has always declared that "homosexual acts are intrinsically disordered."[141] They are contrary to the natural law. They close the sexual act to the gift of life. They do not proceed from a genuine affective and sexual complementarity. Under no circumstances can they be approved.

2358 The number of men and women who have deep-seated homosexual tendencies is not negligible. They do not choose their homosexual condition; for most of them it is a trial. They must be accepted with respect, compassion, and sensitivity. Every sign of unjust discrimination in their regard should be avoided. These persons are called to fulfill God's will in their lives and, if they are Christians, to unite to the sacrifice of the Lord's Cross the difficulties they may encounter from their condition.

Now, aside from the catechism being totally incorrect about Sacred Scripture and natural law in relation to “homosexual acts” in Paragraph 2357, leading to the false conclusion that such “acts” cannot be approved, the next section, with regard to the treatment of gay people, says “They must be accepted with respect, compassion, and sensitivity. Every sign of unjust discrimination in their regard should be avoided.”

Now, I know Rick Warren isn’t Catholic, but perhaps he’s suffering from the same sort of schizophrenic “I want to treat gay people with compassion, but I can’t condone gay marriage or human rights laws” theology that grips the Catholic hierarchy.

I think that unlike those evangelicals who believe that “homosexuality is a choice” Warren may be reachable on the theological side. (Alas, with the Catholic hierarchy, the encrustations of mistaken “tradition” keep the Church on a wrong course.)

Let’s look at Warren’s prayer asking for forgiveness for failing to treat “our fellow human beings and all the earth” with the respect we deserve as a start.

On the other hand, it may not be so far removed from the Pope’s 2008 Christmas Greeting to the Curia and Prelature referred to in my last post. The key is to discern what Pastor Warren might mean, regarding the LGBT community, to be the respect that we “deserve.”


I think that Pastor Warren, despite being “on the other side” on the marriage issue, may have a more open mind on the subject than he gets credit for when things are painted in pure black-white, good-evil terms. And he isn’t encrusted with as many barnacles of “tradition” as the Roman Catholic hierarchy.

We have to remember, too, that President Barack Obama, while certainly better on LGBT issues than anyone who has ever been President of the United States, still himself falls short of endorsing full equal civil rights for our community. There is a need for dialogue with the Administration as much as there is a need to dialogue with those with whom we have a fundamental disagreement.

The immediate and marked change on the White House website, including us under Civil Rights in the Administration’s agenda, is a huge step. The inclusion of “gender identity and expression” for the first time in the anti-discrimination hiring policy of this administration, in addition to the inclusion of sexual orientation (first added by President Clinton), is also monumental.

We have hope. With this Administration, we have a chance to change minds – and the opportunity is also clear that we must engage those who oppose the recognition of our rights with clearly articulated arguments from all perspectives. We do have the Judaeo-Christian ideological high ground, as well as the constitutional high ground, as well as the critical underpinning of the basic underlying rational philosophy under which the United States was created. It is only a matter of articulating these things in a way in which reasonable opponents can understand.

There may well be a basic disconnect between our understanding and that of our opponents. We can look at the same constitution, and the same sacred scripture, and the same philosophical writing, and come to such an amazingly and diametrically opposed conclusion.

If we can come to the point where we can resolve this underlying disconnection, I believe that we will find much more support in unanticipated places – support we can never find if we do not engage in the conversation. We may not have to convince, we may only have to go so far as to get the opposition to realize that “reasonable minds may differ” in order to defuse the opposition. After all, America is founded on the idea of respect, tolerance and free exercise for the religious beliefs of others as well as ourselves. If we can convince Christianists that their beliefs are not the only valid Judaeo-Christian understanding on our issues, they might well be willing to go the distance with regard to civil marriage – especially when they come to the realization that there would be no infringement of their right to refuse to sanctify a marriage that does not follow their interpretation of scripture.

Yes, we CAN!

Friday, January 9, 2009

Another “Galileo Moment” from the Vatican?

Benedict XVI’s 2008 Christmas greeting message to the Roman Curia and Prelature, given on December 22, 2008, is finally available in an official English text from the Vatican website. Not having an official English translation previously made it more difficult to divine the exact meaning of the Pope’s words.

There is a controversial part of the address which was interpreted in the press as being a condemnation of transsexuality, homosexuality, or both, depending on how the translation was made into English from the previously available Italian or German versions. While I am aware of (and disagree with) the Vatican position on transsexual people from the 2003 Catholic News Service news report of a leaked Year 2000 “sub secretum” document issued by the Congregation for the Doctrine of the Faith, after reviewing the official English translation, I am not entirely sure that the Pope’s statement really constitutes a condemnation of my people. But the Pope’s talk can be interpreted as an attack on feminism, gay marriage, and “gender” that isn’t based on birth-genital-essentialism.

Here is the relevant portion:


“Since faith in the Creator is an essential part of the Christian creed, the Church cannot and must not limit herself to passing on to the faithful the message of salvation alone. She has a responsibility towards creation, and must also publicly assert this responsibility. In so doing, she must not only defend earth, water and air as gifts of creation belonging to all. She must also protect man from self-destruction. What is needed is something like a human ecology, correctly understood.

If the Church speaks of the nature of the human being as man and woman, and demands that this order of creation be respected, this is not some antiquated metaphysics. What is involved here is faith in the Creator and a readiness to listen to the “language” of creation. To disregard this would be the self-destruction of man himself, and hence the destruction of God’s own work.

What is often expressed and understood by the term “gender” ultimately ends up being man’s attempt at self-emancipation from creation and the Creator. Man wants to be his own master, and alone – always and exclusively – to determine everything that concerns him. Yet in this way he lives in opposition to the truth, in opposition to the Creator Spirit.

Rain forests deserve indeed to be protected, but no less so does man, as a creature having an innate “message” which does not contradict our freedom, but is instead its very premise.

The great scholastic theologians described marriage, understood as the life-long bond between a man and a woman, as a sacrament of creation, which the Creator himself instituted and which Christ – without modifying the “message” of creation – then made part of the history of his covenant with humanity.

An integral part of the Church proclamation must be a witness to the Creator Spirit present in nature as a whole, and, in a special way, in the human person, created in God’s image.

From this perspective, we should go back to the Encyclical Humanae Vitae: the intention of Pope Paul VI was to defend love against sex as a consumer good, the future against the exclusive claims of the present, and human nature against its manipulation.”

Time Magazine’s brief commentary, based on earlier unofficial translations indicated:


“Without actually using the word [transsexual], Benedict took a subtle swipe at those who might undergo sex-change operations or otherwise attempt to alter their God-given gender. Defend "the nature of man against its manipulation," Benedict told the priests, bishops and cardinals gathered Monday in the ornate Clementine hall. "The Church speaks of the human being as man and woman, and asks that this order is respected." The Pope again denounced the contemporary idea that gender is a malleable definition. That path, he said, leads to a "self-emancipation of man from creation and the Creator."”

I think it may be a stretch to call this a “subtle” swipe at transsexuals, without looking at the background that leads ti this conclusion. It would require a misunderstanding of the nature of transsexuality to come to this conclusion. Of course, there is every indication of serious error in the Roman Catholic Church’s approach to transsexual people that involves just such a misunderstanding.

There is very little in the way of official and available doctrinal material published by the Church on the subject of transsexuals. The most prominent item is a “sub secretum” document sent by the Congregation for the Doctrine of the Faith to papal nuncios in the year 2000, and then distributed to bishops in 2002 (and then leaked to Catholic News Service in February 2003). My only source for the test is the tantalizingly brief CNS report – I have never seen the actual document.

VATICAN CITY (CNS) -- After years of study, the Vatican's doctrinal congregation has sent church leaders a confidential document concluding that "sex-change" procedures do not change a person's gender in the eyes of the church. Consequently, the document instructs bishops never to alter the sex listed in parish baptismal records and says Catholics who have undergone "sex-change" procedures are not eligible to marry, be ordained to the priesthood or enter religious life, according to a source familiar with the text. The document was completed in 2000 and sent "sub secretum" (under secrecy) to the papal representatives in each country to provide guidance on a case-by-case basis to bishops. But when it became clear that many bishops were still unaware of its existence, in 2002 the congregation sent it to the presidents of bishops' conferences as well. "The key point is that the (transsexual) surgical operation is so superficial and external that it does not change the personality. If the person was male, he remains male. If she was female, she remains female," said the source.


From what I can glean from the news reports, the position announced secretly by the Congregation for the Doctrine of the Faith appears to be a “birth-genital- essentialist” view, that gender identity is determined by the physiology of one’s genitalia at the time of birth. Genitalia develop along one of two duct systems wolffian and mullerian, both of which are present during fetal development. The duct system that remains undeveloped eventually withers away after birth. The result of the Church’s genital-based essentialism is the belief that there are only two possible sex assignments, each based on genital shape at birth.

This genital essentialism fails to take into account the physiological development of the entire fetus. Focus solely on genitals, though, and in better than 99.9% of all people, the other physiological developments, particularly in the brain, are consistent with genital development, and thus, for those people, the Church’s genital-based essentialism actually seems to work.

However, the Church ignores the scientific evidence of different physiological development in the makeup of transsexual brains that leads to a gender identity that is opposite that which is expected based on genital expectations. This leads to an erroneous understanding of te nature of that one-in-a-thousand who does not fit into the societal and Church expectation of gender.

The psychological factor of gender identity has a physiological basis in brain structure, according to the most recent scientific authority. This was first identified in a Dutch study made in 1994. While in most people the brain structures are in accord with the external genitalia, which is not true with transsexuals and transgender individuals.

The physiological situation with genital formation is also not clear-cut in all cases. In addition to male and female, there are intersexed individuals. Intersex is the current term that covers persons formerly identified as hermaphrodites, that is persons with genital structures that contain some of the elements commonly attributable to “male” and some elements commonly attributable to “female” sex assignments. It also includes those individuals with chromosomal variations that vary from standard XX and XY in the 46th chromosome. In addition, there are persons with XY chromosomes who have an insensitivity to androgens, whose chromosomes are technically “male” but whose bodies develop into a “female” form because of an inability of their cells to process testosterone.

The social issues relating to transgender, transsexual and intersexed individuals are not easily dismissed. We are not some sort of new phenomenon, we have been around since the dawn of human history. Scientists, no longer blinded by ancient Aristotelian pronouncements or Victorian Darwinian theory regarding “sexual selection” have begun to observe that binary gender is not the universal rule, even in the animal kingdom, often used as a rationale for observations of natural law.

It is easy for the Church hierarchy to dismiss a tiny minority of people who are different as being “disordered,” rather than recognizing the serious error the Chuch itself has made in its birth-genital-essentialist assumptions.

The Church hierarchy uses a very selective interpretation of sacred scripture to come to the conclusion that humanity is divided into male *or* female.

If we refer to the Bible and other ancient sources, it is clear that intersexed, transgender and transsexual people existed in biblical times. There are over twenty references in biblical texts to “eunuchs.” This is a catchall for a number of different sexual minorities not classified in accordance with the binary in accordance with external genitalia.

The clearest recognition of this comes in Matthew 19:12, in which Jesus is quoted describing different sorts of eunuchs. Some are born eunuchs, some are made eunuchs by human intervention, and some become eunuchs for the Kingdom of Heaven. Jesus was careful as to the last, stating that only those who can accept this should accept it.

If we look at the Pope’s 2008 Christmas greeting message to the Curia and Prelature on one level, it would seem to be first an attack on feminist philosophy that stresses equal human rights and dignity. Just in March 2008, The Congregation for the Doctrine of the Faith issued a ruling against “gender-neutral” references to God, such as “The Creator, Redeemer and Sanctifier” and reaffirmed the patriarchal formulation of “Father, Son and Holy Spirit.” Cardinal Urbano Navarrete (a Jesuit priest recently elevated to the rank of Cardinal in a rare case of receiving the rank without being ordained a bishop, who is also one of the Vatican’s “experts” on transsexuals) penned the official commentary of the ruling. Any baptism using a gender-neutral inclusive formulation has been ruled to be invalid.

On another level, the Pope’s Christmas greeting to the Curia and Prelature is yet another of the Church’s attacks on gender-neutral marriage. The Church can only legitimately speak to sacramental marriage for members of the Church, and not to the secular civil recognition of marriage and marriage rights. For the Church to go beyond the sacramental issue and to widen the scope to insist that its official prejudice be inscribed into secular law, is an outrage, especially in nations such as the United States that recognize the free exercise of religion, and prohibit the government from imposing a religious belief on the people as a matter of law.

If the Pope’s statement Is to be construed as an attack on the transgender community, it requires an acceptance of the prerequisite genital-based “gender essentialism” which is the first fallacy in the Church’s gender identity structure. And we know from what little material there is that is available, that this is the Church position – so I must conclude that even if the language may make it seem a bit less clear, the Pope’s message may fairly be construed as yet another demeaning of the transgender community.

The scriptural reading on which we should meditate when we read the Pope’s message is Matthew 7:15-27 (Douay-Rheims translation):

15 Beware of false prophets, who come to you in the clothing of sheep, but inwardly they are ravening wolves.

16 By their fruits you shall know them. Do men gather grapes of thorns, or figs of thistles?

17 Even so every good tree bringeth forth good fruit, and the evil tree bringeth forth evil fruit.

18 A good tree cannot bring forth evil fruit, neither can an evil tree bring forth good fruit.

19 Every tree that bringeth not forth good fruit, shall be cut down, and shall be cast into the fire.

20 Wherefore by their fruits you shall know them.

21 Not every one that saith to me, Lord, Lord, shall enter into the kingdom of heaven: but he that doth the will of my Father who is in heaven, he shall enter into the kingdom of heaven.

22 Many will say to me in that day: Lord, Lord, have not we prophesied in thy name, and cast out devils in thy name, and done many miracles in thy name?

23 And then will I profess unto them, I never knew you: depart from me, you that work iniquity.

24 Every one therefore that heareth these my words, and doth them, shall be likened to a wise man that built his house upon a rock,

25 And the rain fell, and the floods came, and the winds blew, and they beat upon that house, and it fell not, for it was founded on a rock.

26 And every one that heareth these my words, and doth them not, shall be like a foolish man that built his house upon the sand,

27 And the rain fell, and the floods came, and the winds blew, and they beat upon that house, and it fell, and great was the fall thereof.


Benedict XVI is one of these false prophets – he wears the mantle of the shepherd of the flock, but by showing that he has little concern for different sheep, he reveals his ravening wolf nature. By basing his, and the Church’s, arguments on false premises that are against scientific wisdom, he is like the tree that bears evil fruit, or the man who builds his house on a foundation of shallow sand without deeply-rooted pilings.

The message as against feminism? The Catholic Church bears the evil fruit of patriarchal domination. One need only read German Theologian Uta Ranke Heinemann’s work “Eunuchs for the Kingdom of Heaven” to get a grasp of the sexist misogyny that has gripped the Roman Church from the time of the Church Fathers in the fourth century.

The message as against gender-neutral marriage? Many of the documents issued by the Congregation for the Doctrine of the Faith on the issue of homosexuality are based on false interpretation of sacred scripture.

The message as against transsexual and transgender people? The foundation of the Church’s “sub secretum” teaching is founded on the shallow sand of an ill-conceived understanding of natural law, based more on Aristotle and “Scholastic theologians” than on the observations of modern science. It is a teaching that, like the condemnation of Galileo, will not stand up to the rain, the flood, and the wind of rational scientific inquiry.

When God created human beings, we were created “male and female” in the image and likeness of God – this means that God is “male and female” for us to be created in God’s image. And each of us, individually, is not only male or only female, but is “male and female,” just as God is. Indeed, some may be “mostly male” and others “mostly female” and still others may have distinct parts that developed ion different directions. But we are all children of God.

Benedict’s word’s are truly based on “antiquated metaphysics” and are not rooted in science or natural law. When the Church speaks of the nature of the human being as “man and woman,” Benedict means rather “man *or* woman” – and he disregards the “language of Creation” found in his own Sacred Scripture.

In the past year, a Reform Rabbi from Pleasantville, New York, reported on his discovery of a hidden Name of God found in the Tetragrammaton (the four letters that represent “the Name of God” – usually rendered in English as YHWH). The Rabbi realized that if the Tetragrammaton were to be read and pronounced *backward* it would result in the Name of God working out as Hebrew (hu/hee) for “He/She” – which correlates directly with the clue found in Genesis 1:27 – that “male and female” is the image and likeness of God.

Rabbi Mark Sameth writes in his article, after thirteen years of research, “If we read the text as a mystic might, paying extremely close attention, assuming that the text conceals more than it reveals, we may find hints regarding God’s androgynous nature, so to speak, peeking out through the surface level of the Torah.” He comes to the conclusion, correctly I think, that the God of the Israelites was not a masculine, patriarchal deity, but a he/she bi-gendered God. This is a far cry from the sexist, misogynistic, homophobic and transphobic utterances of Benedict XVI – stated in soft tones and with great apparent concern for the welfare of humanity, but with the sharp teeth and fangs showing beneath the mantle.

Against this backdrop of an all-inclusive God, the Roman Catholic Church’s ruling clinging to masculine-gendered terminology for the Trinity even more “antiquated” and illogical. Of course, recognizing a bi-gendered God might mean that the Vatican would have to revisit the idea of the eligibility of women for the priesthood, and the eligibility of transgender people for any kind of religious vocation.

The Roman Catholic Church eventually “got it” when it came to Galileo, even if it took nearly 400 years for Benedict XVI’s predecessor John Paul II, to get around to apologizing for the Inquisition’s actions under Urban VIII, and rehabilitating Galileo, previously found to have been a heretic.

Perhaps Benedict XVI could learn from this quote from Galileo “The intention of the Holy Spirit is to teach how to go to heaven and not how to go to the heavens.”

Maybe Benedict might work on helping Roman Catholics make their own marriages work better, rather than imposing on a secular world the narrow, ill-conceived antiquated, outdated and and unscientific views of the Church on the rights of women, gays and trans people. When the Church meddles with Caesar, it is as bad as Caesar meddling with the Church.