Homosexuality and the validity of canonical marriages

Abstract

The aim of this study is to gain a better understanding on how Church Tribunals in Western countries interpret cases on invalidity of marriage, where one of the spouses claims to be ‘gay’ or ‘lesbian’. The notion of homosexuality has made drastic developments in the passage of time, its interpretation constantly changing from being regarded as a disease, to a now more accepted position of being an inherent feature of a person’s identity. Hence, an in-depth evaluation of canon law and jurisprudence on the interpretation of homosexuality in the context of marriage invalidity cases throughout the passage of time should also be conducted to achieve a better understanding of the Church Tribunals’ mindset in interpreting the canons in such situations. In order to achieve this desired objective, the Introduction gives an overview of the objectives of this study, together with the limitations and structure pertaining to this study. The First Chapter will delve into the concept of homosexuality, both from a psychological as well as from a sociological context. In particular, scientific societies have tried to define homosexuality, together with its causes, only to arrive to the conclusion that it was some form of disease or pathology. In later years, there was a shift in the way homosexuality was to be perceived as shall be seen later on. With regards to the sociological perspective, an in-depth evaluation shall be made with respect to the way homosexuality was perceived by Western cultures through the passage of time. In the Second Chapter, an in-depth analysis of the 1983 Code of Canon law will be examined, particularly with respect to canons relating to marriage. Whilst delving into the effects and ends of marriage to gain a better understanding of the Church’s perceptions of marriage, further evaluation shall be conducted on the defects of consent, with particular reference to canon 1095,3 relating to the inability to assume marital obligations due to a cause of a psychic nature. The Third and final Chapter will explore the way canon law, as well as jurisprudence, interpret homosexuality, with particular focus on the invalidity of marriage. Focus will also be given to key interpretations of Rotal judgements throughout the passage of time, to better understand the developing jurisprudence which has also shifted its position on the invalidity of marriage where one of the spouses is a homosexual.