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Pope Francis: 'Homosexuality is not a crime'

Pope Francis has criticised laws that criminalise homosexuality as ‘unjust’ but has referred to it as a ‘sin’ in the past

January 25, 2023 01:48 pm | Updated 01:48 pm IST - VATICAN CITY

Pope Francis

Pope Francis | Photo Credit: Domenico Stinellis

Pope Francis criticised laws that criminalise homosexuality as “unjust,” saying God loves all his children just as they are and called on Catholic bishops who support the laws to welcome LGBTQIA+ people into the Church.

“Being homosexual isn’t a crime,” Pope Francis said during an interview on January 24 with The Associated Press.

Pope Francis acknowledged that Catholic bishops in some parts of the world support laws that criminalise homosexuality or discriminate against the LGBTQIA+ community, and he himself referred to the issue in terms of “sin.” But he attributed such attitudes to cultural backgrounds, and said bishops in particular need to undergo a process of change to recognize the dignity of everyone.

“These bishops have to have a process of conversion,” he said, adding that they should apply “tenderness, please, as God has for each one of us."

‘Antiquated laws’ that marginalise LGBTQIA+ communities

Some 67 countries or jurisdictions worldwide criminalise consensual same-sex sexual activity, 11 of which can or do impose the death penalty, according to The Human Dignity Trust, which works to end such laws. Experts say even where the laws are not enforced, they contribute to harassment, stigmatization, and violence against LGBTQIA+ people.

In the U.S., more than a dozen states still have anti-sodomy laws on the books, despite a 2003 Supreme Court ruling declaring them unconstitutional. Gay rights advocates say the antiquated laws are used to harass homosexuals, and point to new legislation, such as the “Don’t say gay” law in Florida, which forbids instruction on sexual orientation and gender identity in kindergarten through third grade, as evidence of continued efforts to marginalize LGBTQIA+ people.

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The United Nations has repeatedly called for an end to laws criminalising homosexuality outright, saying they violate rights to privacy and freedom from discrimination and are a breach of countries’ obligations under international law to protect the human rights of all people, regardless of their sexual orientation or gender identity.

Catholic Church should put an end to anti-LGBTQ laws: Pope Francis

Declaring such laws “unjust,” Francis said the Catholic Church can and should work to put an end to them. “It must do this. It must do this,” he said.

Francis quoted the Catechism of the Catholic Church in saying gays must be welcomed and respected, and should not be marginalised or discriminated against.

Also Read | Explained | The ban on conversion therapy for the LGBTQIA+ community

“We are all children of God, and God loves us as we are and for the strength that each of us fights for our dignity,” Pope Francis said, speaking to the AP in the Vatican hotel where he lives.

Such laws are common in Africa and the Middle East and date from British colonial times or are inspired by Islamic law. Some Catholic bishops have strongly upheld them as consistent with Vatican teaching that considers homosexual activity “intrinsically disordered,” while others have called for them to be overturned as a violation of basic human dignity.

Not a ‘crime’ but a ‘sin’: Pope Francis

In 2019, Pope Francis had been expected to issue a statement opposing criminalisation of homosexuality during a meeting with human rights groups that conducted research into the effects of such laws and so-called “conversion therapies.”

In the end, the Pope did not meet with the groups, which instead met with the Vatican No. 2, who reaffirmed “the dignity of every human person and against every form of violence.”

On Tuesday, Pope Francis said there needed to be a distinction between a crime and a sin with regard to homosexuality. “Being homosexual is not a crime," he said. "It's not a crime. Yes, but it's a sin. Fine, but first let's distinguish between a sin and a crime."

"It's also a sin to lack charity with one another," he added.

Catholic teaching holds that while gay people must be treated with respect, homosexual acts are “intrinsically disordered.” Francis has not changed that teaching, but he has made reaching out to the LGBTQIA+ community a hallmark of his papacy.

Also Read | Pope endorses same-sex civil unions in new documentary

Starting with his famous 2013 declaration, “Who am I to judge?” when he was asked about a purportedly gay priest, Pope Francis has gone on to minister repeatedly and publicly to the gay and trans community. As archbishop of Buenos Aires, he favored granting legal protections to same-sex couples as an alternative to endorsing gay marriage, which Catholic doctrine forbids.

Despite such outreach, Francis was criticized by the Catholic LGBTQIA+ community for a 2021 decree from the Vatican’s doctrine office that the Church cannot bless same-sex unions “because God cannot bless sin.”

The Vatican in 2008 declined to sign onto a U.N. declaration that called for the decriminalization of homosexuality, complaining the text went beyond the original scope and also included language about “sexual orientation” and “gender identity” it found problematic. In a statement at the time, the Vatican urged countries to avoid “unjust discrimination” against gay people and end penalties against them.

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