The vote legalizing same sex marriages in New York state was opposed by Archbishop Timothy Dolan, head not only of the state’s largest archdiocese but also president of the United States Conference of Catholic Bishops (USCCB).
I understand the archbishop’s use of hyperbole in predicting dire consequences for this “assault” on the “sacred” meaning of matrimony, but in my opinion nothing like that is going to result. Here is why.

Catholic marriage is a sacrament. Such is not the case with Protestants who may consider marriage a “holy state” but often see it as a social contract, such as now sanctioned for couples of the same gender. Catholic theology, however, keeps the bishops exempt from such contract laws. A state-legalized marriage between persons of the same gender can never be mistaken for the Catholic sacrament. New York state can change its requirements for issuing a certificate of marriage, but on that account does not diminish the bishops’ teaching authority in matters of the sacrament of marriage.

It would be another matter, however, if this law encroached on other aspects of Catholic practice, so it will be interesting to keep track of issues like adoption and Catholic agencies. It is important to remember that few would call the church “corrupt” for obeying the law: it is more likely the church would be seen as corrupt for not obeying the law, e.g. about turning in pedophiles.

Does marriage for gays and lesbians overturn the standards of public morality? Blessed Pope John Paul II committed the church to the evangelization, not only of individuals, but of cultures. He urged us to construct society upon Gospel principles. But I would argue that legalized same-gender marriage poses less risk to public morality than legalized divorce. Note that a generation ago in Catholic countries like Italy and Ireland, fierce battles were waged against allowing divorce. In reaction, the public often distorted matrimony as depicted in the movie, “Divorce Italian Style,” where couples getting married used to pre-sign a document testifying to coercion. This was a get-out-of-marriage-free card that gave grounds for a Catholic annulment. This practice, however, put a secret deal behind so many church weddings it effectively made matrimony a farce.

In the United States also, there was a time when civil divorce was cause for excommunication. Couples in impossible marriages were permitted to separate, but not to legally divorce. After the Second Vatican Council, it was realized that this was counterproductive. For example, payment of alimony could not be enforced without civil divorce. Today, Catholics are allowed a civil divorce, but not remarriage. Catholicism relies on personal responsibility rather than on the secular state to maintain the sanctity of marriage.

Now if the church accepts laws that permit divorce even though such legislation runs counter to the Catholic theology of marriage, why can’t it do the same in the face of a same gender marriage law?

Tolerating secular laws that permit what Catholics see as sin does not compromise the faith. For more than a thousand years, Catholic theology allowed the secular state to legalize prostitution, which is clearly a sin. Augustine [De ordine 2.4] and Aquinas [ST 2-2.10.11 and 62.5.2] (both Doctors the church) argued that it was the lesser of evils to “contain” sexual evils than to run the risk of rape as an outlet to lust or the spread of sexually transmitted diseases.

Because New York’s marriage equality law will strengthen bonds of love and loyalty between persons of the same gender it might have positive pragmatic social results. In fact, with the drop-off in marriages throughout society for straight couples, it would seem worthwhile to encourage stable, long-lasting commitments for all sexes. I say, “Trust Catholicism to prevail despite this law: we Catholics have thousands of years of experience in living the Gospel against all odds.”

Source: washingtonpost.com