September 29, 1993 There are presently being circulated and distributed throughout Florida petition forms to place on the general election ballot a proposed constitutional amendment, which is entitled Laws Related to Discrimination are Restricted to Certain Classifications. This is designed to outlaw municipal, local and state ordinances or statutes seeking to ban discrimination on the basis of sexual orientation. The Catholic Church, as well as others, has been called upon to endorse or oppose this proposed amendment. We approach this question as pastors who minister to many people in our parishes, including homosexuals; and also as advocates in the public arena of many causes, including support for the institution of marriage, for positive parent-child relationships and for public morality in general. The question of discrimination on the basis of sexual orientation is not a simple question. Discrimination against persons is wrong, and this includes discrimination against homosexuals. Homosexual activity, however, as distinguished from homosexual orientation, is morally wrong. When governmental action is considered on this subject, there must be a clear definition of terms, so that citizens and legislators know just what is being considered. Do so-called "gay rights" laws protect persons, or do they protect activity? If the latter, what impact would those laws have on the institution of marriage, on parents rights, on children and on the public morality. Similar questions also apply to this proposed constitutional amendment. Proponents state that this amendment does not permit discrimination against homosexuals, but simply makes them subject to the same laws as everyone else. Further, it is said that the usual indicia of discrimination, i.e. income, educational level, segregation, the right to vote, etc., reflect an absence of discrimination against homosexuals. To an extent, this is so. It is our experience, however, that homosexuals have at times been discriminated against, and we feel that it is appropriate in certain situations for the law to prevent such discrimination. One example is the recently enacted law that includes sexual orientation as a category protected under the hate crime statute. The Florida Catholic Conference supported that law, and this constitutional amendment would overrule it. In addition, the language of this amendment is so broad as to preclude future laws protecting other categories of people that may be found to be discriminated against. We have recently adopted a policy on discrimination on the basis of sexual orientation, a copy of which is attached hereto. Under the policy, we cannot support this proposed constitutional amendment and are directing that parishes and institutions do not take an active part in this campaign. We recognize the right of individual Catholics and citizens to express their own feelings on this matter, but urge that they consider this statement and the attached policy in arriving at their decision. Edward A. McCarthy John J. Snyder J. Keith Symons John J. Nevins John C. Favalora Norbert M. Dorsey John M. Smith Agustin A. Roman
Controversies have arisen regarding discrimination on the basis of sexual orientation in housing, employment and public accommodations and regarding laws to prohibit or regulate such discrimination. There are also proposals to recognize "domestic partners" as a legal relationship equivalent to that of husband and wife, and to provide school curriculum guides concerning these matters. With respect to these areas of concern, the following principles apply:
Human dignity and human rights are God-given; they are not earned nor are they legislated. Our tradition affirms these rights, seeking human respect, economic and personal security, and social equality for all people. Legislation, however, often brings with it unknown or unintended effects. The Right of Privacy provision in the Florida Constitution is a good example. Originally promoted as protection against excessive governmental intrusion in the lives of its citizens, it was later construed to guarantee a right of abortion. The traditional values of chastity, the sanctity of marriage and family, as well as the development of sound parent-child relationships, and the freedom of parents to rear their children in a healthy and moral climate are critical to a well ordered society. All of these are under assault today and can be further threatened by poorly conceived legislation. Attempts to protect people from discrimination should not exacerbate these problems. People should not be forced by law to accept into their homes, personal lives, or schools, behavior or a lifestyle which they find morally objectionable, even in the cause of nondiscrimination. Homosexual activity and certain lifestyles are deemed immoral and objectionable by many, including the Church. Legislation must not make homosexual behavior or lifestyle a protected or approved activity, but rather prohibit discrimination against persons. It should not seek to equate legal marriage and homosexual relationships. BASED ON THESE PRINCIPLES, the Florida Catholic Conference will continue 1) to affirm and defend the human and civil rights of homosexual persons, as well as all others; 2) to oppose discrimination against such persons; 3) to affirm and defend the church's teaching on marriage and the family; 4) to maintain the distinction between sexual orientation and sexual activity; and 5) to make sure that society's concern for the family, for parental rights and for the personal freedom of all citizens is protected in any proposed legislation. Approved: March 3, 1993 |