Note: This post is fourth in a series of posts about what we can learn from the Supreme Court’s June 2013 DOMA decision, and how that can help us better promote and defend marriage. This series is based on a July 2013 talk by staff of the USCCB Subcommittee for the Promotion and Defense of Marriage.
- #1: Background to the Supreme Court cases
- #2: Unspoken assumptions & reframing the debate
- #3: What do you say that marriage is? The need for a comprehensive vision
In its decision on DOMA, the Court continued the trend of treating sexual orientation as a “class” marker. In other words, people who define themselves as having a homosexual orientation are de facto part of a “class” that deserves special protections from the government. The term “continued the trend” was used because it is common now to see, for example, in anti-discrimination legislation the terms “sexual orientation” and “gender identity” used as two discrete categories of persons that may not be discriminated against.
The Catechism states that “every sign of unjust discrimination must be avoided” in regards to persons with same-sex attraction (no. 2358).
But the problem with treating “sexual orientation” as a description of a class of people is that it proposes a deeply flawed [understanding of] anthropology, or understanding of the human person. Christian anthropology teaches that each person is called to accept his or her sexual identity as a man or as a woman (Catechism, no. 2333). This is consistent with the understanding that man – male and female – is a unity of body and soul (Catechism, no. 362-368). Our identity as human persons is intimately connected with our identity as a man or as a woman. In short, the body matters.
What the language of “sexual orientation” does, anthropologically, is separate one’s identity from one’s bodily nature as a man or woman, placing a premium on one’s desires and inclinations. The body then becomes a “bottom layer” – essentially meaningless matter – over which one’s “real” identity – comprised of desires and inclinations – is super-imposed. 
Practically speaking, treating “sexual orientation” and “gender identity” as classes of persons is problematic because courts and laws tend to treat these categories not only in terms of inclinations but also behaviors. This in turn leads to religious liberty conflicts, such as questions for Catholic institutions about non-discrimination in hiring those involved in same-sex “marriages”, since they could be (and have been) sued under non-discrimination laws for firing an employee who publicly entered a same-sex “marriage.”
Tip number three: Keep talking about Christian anthropology and chastity.
Even more than the question “what is marriage?” perhaps, the question “who is the human person?” goes unasked and thus unanswered (see FAQ #1). As Catholics, we have an immense treasury of insight into who the human person is – a study called anthropology, a treasury of truth about the human condition that applies to everyone, not only Catholics. As faulty anthropologies work themselves more deeply into our nation’s laws and policies, we must be tireless in present what Bl. John Paul II called an “adequate anthropology,” that is, an understanding of the human person that fits who man is as a unity of body and soul, created male and female and called to love (see Bl. John Paul II’s audiences of Jan. 16, 1980 and April 2, 1980).
Bringing it back to the human person also helps defend against the charge that the Church is being selective and only cares about married people. Not true. Christian anthropology, rightly understood, is a message of freedom for every person. In particular, Church teaching on the universal vocation to chastity is an avenue through which to approach questions of sexuality, gender, love, and marriage. Everyone – married and single, those who struggle with same-sex attraction and those who don’t – is called to chastity, because everyone is called to integrate their sexuality within themselves and to love authentically (see Catechism, nos. 2337-2347).