John Allen had an op-ed early this week in the New York Times outlining how an Italian understanding of law as an ideal rather than a strict rule might influence interpretations of the ban on ordaining gay men that supposedly is coming down the pike.
For your benefit, here's a short letter that I wrote in response, but which the Grey Lady in her wisdom didn't see fit to print:
John Allen is an astute decoder of the often murky ways of the Vatican; if he ever opts for a change of career, he would be uniquely positioned for a posting to Pyongyang. From my limited knowledge of Vatican practice and canon law, he is absolutely correct to note the distinction between Italian and Anglo-Saxon attitudes towards law.
One might note, however, an additional wrinkle: while the distinction between a legal ideal and a more humane reality on the ground makes perfect sense in an Italian context, those same laws are not going to be interpreted and applied in the United States by Italians, but by Americans with a thoroughly Anglo-Saxon understanding of jurisprudence. The closest recent parallel to the current discussion of ordaining gay men might be the conflict in the last ten years over the encyclical _Ex Corde Ecclesiae_. That document suggested that Roman Catholic theologians ought to receive a mandate to teach from their local bishop. By making this suggestion a legal requirement, the Vatican thought it was expressing its respect for the position of theologians in the church; American theologians and bishops, however, immediately interpreted it as a legal requirement which quickly established the two as parties in opposition, a situation with continuing repercussions up to now.
Similarly, in this case, Italian law will be enforced by American prelates, with a different sense of this law's significance. While time in Rome may have given many of our leading clergy a greater taste in Italian cuisine and wine, it is unlikely in most cases to have thoroughly changed their basic intellectual horizon. They will enforce the law as Americans, not Italians, and the space left for exceptions to the rule will be narrower in the United States than in non-Anglo-Saxon cultures. Bracketing the troubling question of whether such a situation is "ideal" to begin with, this move to limit the ordination of gay men is complicated by problems of enculturation -- problems which are likely to lead not to an Italianate application of charity but to a systemic exclusion of qualified men from the priesthood.