01.11.2012 Views

1 1 Catholic Clergy Sexual Abuse Meets the Civil Law by Thomas P ...

1 1 Catholic Clergy Sexual Abuse Meets the Civil Law by Thomas P ...

1 1 Catholic Clergy Sexual Abuse Meets the Civil Law by Thomas P ...

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

assemblies (called synods or councils), and general councils of <strong>the</strong> Church. 169 Insights into <strong>the</strong><br />

Church response are obtained from <strong>the</strong>ological writings of various Church leaders. The<br />

“official” sources are those derived from Church authority, <strong>the</strong> canonical texts. 170<br />

The negative attitude towards homosexual or sodomitic acts reaches back to <strong>the</strong> earliest<br />

days of organized Christianity. 171 The first Christians were generally from a Jewish religious<br />

and secular culture. 172 Although Christianity quickly embraced converts from o<strong>the</strong>r ethnic and<br />

religious traditions, notably Hellenistic or Greek, it was, at <strong>the</strong> outset, primarily Judaic in<br />

origin. 173 The doctrines of <strong>the</strong> Hellenistic and Judaic traditions equated homosexual acts with<br />

murder, possibly in reaction to <strong>the</strong> Greek cultural acceptance of pederastic sexuality. 174 The<br />

early Christians clearly adopted Judaic homophobia, 175 as evidenced <strong>by</strong> <strong>the</strong> various examples of<br />

ecclesiastical sources from <strong>the</strong> Second century onward, which outwardly condemn sodomia.<br />

As early as <strong>the</strong> year 177 A.D., Bishop A<strong>the</strong>nagoras characterized adulterers and pederasts as foes<br />

of Christianity and subjected <strong>the</strong>m to excommunication, <strong>the</strong>n <strong>the</strong> harshest penalty <strong>the</strong> church<br />

could inflict. 176 The Council of Elvira in 305 severely condemned pederasts. 177 Canons 16 and<br />

17 of <strong>the</strong> Council of Ancyra in 314 inflicted lengthy penances and excommunication for male<br />

homosexuality. 178<br />

Ano<strong>the</strong>r important source of insight into <strong>the</strong> Church’s early view of sexual abuse comes<br />

169<br />

Id. at 168-71.<br />

170<br />

See Coriden, supra note 34, at 29-30. <strong>Catholic</strong> Church law must be officially promulgated <strong>by</strong> an authoritative<br />

lawgiver. This is <strong>the</strong> pope for <strong>the</strong> entire church and bishops for <strong>the</strong>ir individual dioceses. <strong>Law</strong>s proposed <strong>by</strong> groups<br />

of bishops must received papal approval for official standing. Id.<br />

171<br />

Vern Bullough & James Brundage, <strong>Sexual</strong> Practices and <strong>the</strong> Medieval Church 55 (1982).<br />

172<br />

Johansson & Percy, supra note 165, at 159-60.<br />

173<br />

See Raymond Brown, Early Church, in The New Jerome Biblical Commentary 1340-42 (1992).<br />

174<br />

Id. at 160.<br />

175<br />

Johansson & Percy, supra note 165, at 160-65.<br />

176 Id. at 162.<br />

177 Id.<br />

178 Id.<br />

32<br />

32

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!