A Catholic secondary school has withdrawn the contract of employment for a trainee, because the prospective teachers had announced to want his life partner to marry. Interview with a canonist.
DW: The personal life of the teacher does not agree with the ideas of the Catholic Church on marriage and the family – the justification, the contract of employment for the trainee in the North Rhine said pull-Westphalia, Borken back. Is that even legal?
Professor Thomas Schüller: Yes, it is legal, if the clerk is a Catholic. The liberalized Catholic service and labour law from the year of 2015 had brought in a thing, a change in the registered partnership and marriage for all. Since 2002, the bishops had declared that all employees of the Church no matter what denomination, what Religion and in what field of activity – a serious loyalty infringement of commit, and a termination of sanctions can be, if you leave your homosexual life partnership.
In the new law, which applies from 2015, something Strange happened: there is not to say that only Catholic employees and employees hired or not more can be employed, provided that they enter into a marriage for all. Regardless of where you work, whether in a school, in the social field or in the hospital. The reason is simple, that the marriage contrary to the Catholic understanding, therefore, a marriage is only between a man and a woman is possible. Of course, the critical question: so We have here in Church labour law a special area for Catholic employees, and this is a bizarre Situation.
In a way, this case has been treated so legitimately, however, as time in accordance with such a decision?
That’s debatable, of course. In fact, of course, be adjusted gay men and lesbian women. Think of the great field of Catholic hospitals, where there are in the area of the care of very many gay and lesbian employees. There is not at all sure. The bishops fear that a homosexual teacher, causes a scandal in a school.
However, exactly the opposite is the case, if you look at the protests of the students now. Would you like this clerk as a teacher, he also seems to have with the Catholic education ideal identified. In fact, you can ask then, whether it still is, that people are not employed because of their sexuality or even terminated. What has happened recently in Bavaria, with a children teacher who has been married to her life partner.
The headmaster has said that you have to pay for in Borken, what would need to be changed in the Catholic Church. This hits the core?
Because he’s right. The headmaster has not decided, but the order, which is also known to ecclesiastical labour law. In fact, the bishops need to scandals, especially after the Abuse, dealing with the issue of homosexuality to reconsider. So also think about whether to handle cases like this differently.
When do you think will happen? The Catholic Church today under so much pressure that reforms might be more likely.
The Catholic Church thinks in millennia, is the Terrible for those Affected. I think the issue of homosexuality, it will take at least in the world Church for a very long time. The family Synod has shown that the Asian, especially Afghan bishops see the point at all no need for action. But I think, in the formation of priests in Western Europe, in the USA and Canada, you will no longer have to look at the issue of homosexuality differently.
The canonist Thomas Schüller doubts that the Catholic Church changes their stance on homosexuality quickly
This applies in Particular for Germany, where we have a lot of Catholic employment. There may not be that people are not hired because of their sexuality. This is all about, that we get very good teachers, Doctors and educators. And I hope that the German bishops take the courage to change the legislation. But even in the best case, the still months, if not years.
Thus, if a similar case happened in ten years, how will react to the Church?
Then such cases will not recur. I think, however, that in ten years, not so many Catholic institutions exist, because they can no longer be financed or the acceptance of these facilities will not be given, as it is still the case today, even in such a Catholic area, such as bark.
Professor Thomas Schüller, a theologian, canonist, and Director of the Institute for Catholic law at the westfälische Wilhelms-University in Münster.