Fundamental Rights

The Supreme Court decision affirming that sex discrimination includes discrimination based on gender identity and sexual orientation isn’t getting the notice it deserves. Think of this like the Brown vs. Board of Education decision in that it defines another fundamental right, one that many LGBTQ persons have been denied, often in Catholic institutions. However, the response of USCCB president Archbishop Jose Gomez does not bode well for the church’s peaceful compliance with this ruling.

Note his language: “By erasing the beautiful differences and complementary relationship between man and woman, we ignore the glory of God’s creation.” Why that? Why do “differences” between men and women have to form the basis of his argument?

In response, New Ways Ministry executive director Frank De Bernardo names the underlying error in the bishop’s reasoning: he is “viewing all LGBTQ issues through the lens of sexuality instead of through the more basic and correct lens of human rights and dignity.” This ruling affirms the fundamental right to equality on the job.

Like Brown vs. Board of Ed, lots of litigation will be necessary to enforce this right. Marianne Duddy-Burke, executive director of DignityUSA, provides a good argument for the bishops not to pursue their “religious liberty” through the courts: “As Catholics, we also hope that the Supreme Court’s ruling will extend to faith-based employers, particularly those that receive public funding for their non-religious activities.” I’m warning you to watch for how your church dollars will be used, as they have been used, to dilute this fundamental right.

Eternally hopeful, Duddy-Burke looks forward to “this ruling [being] seen as ensuring equal protection in all areas of life,” deploring the recent decision of President Trump to end health care protections for transgender people. Let’s resoundingly affirm the fundamental right to health care as well as employment – and remember, marriage.  

James Martin, SJ, quoted in Bondings 2.0, makes it even more fundamental: “These are real-life protections against the real-life dangers that real-life plaintiffs faced because of their sexual orientation and gender identity.” The right to a real life. What is more fundamental in Catholic thinking than that?

All week the evolution of rights extended legally to black people has been on my mind. The right to equal education guaranteed in the 1950s. The right to vote and be elected to office and use public accommodations as a result of the Civil Rights movement of the 1960s. The right to employment opportunity encouraged through Affirmative Action in the 1970s. Having been involved in the last two of these and much else since, I know the hope that legislation will have an effect on “hearts and minds.” And yet almost half a century later, this country needs Black Lives Matter to affirm the fundamental right to life for African Americans against murder by police and so much else in real-life situations.

Now let me pivot to my real-life situation. Today a few male priests will be ordained in the Archdiocese of Philadelphia. There will be a silent witness outside by a few members of the Southeastern Pennsylvania Women’s Ordination Conference. When the head of the USCCB contests a US Supreme Court decision by resorting to complementarity, can we continue to hope for a change of hearts and minds among the decision-makers in our church? What do they not get – expressed so well by the Chicago CTA panel “Gender, Justice, Priesthood,” last Saturday? All of us in the webinar prayed for Black Lives and our own lives, and now we pray for LGBTQ lives and Dreamer lives (I am just hearing of another Supreme Court decision!) in this great cauldron of a country and a church!