homosexual tendency
I. Canonical Aspects of the Problem
The fact that homosexual practices have wrecked many marriages has caused a psychiatrist and a canonist to consider the possibility of making homosexuality an impediment to marriage. Dr. John R. Cavanagh holds that steps should be taken to prevent unhappy marriages between a heterosexual and homosexual individual. Homosexuality should be made an impediment to matrimony, because "the homosexual cannot give proper matrimonial consent, . . . cannot develop a selfless love necessary in marriage . . . is psychologically impotent in a heterosexual relationship."1
Dr. Cavanagh is concerned with the genuine homosexual who, he argues, lacks the heterosexual orientation necessary for true marital consent.2 This individual is called psychologically impotent by Dr. Cavanagh in the sense that he lacks the desire for heterosexual relationships, possessing indeed a positive aversion for such acts.3
In the development of the canonical aspects of the problem, Msgr. Vincent P. Coburn agrees with Dr. Cavanagh that homosexuality can destroy the free consent necessary for a valid marriage.4 Likewise, he follows Dr. Cavanagh in drawing a distinction between physical and psychological impotence, and in holding that the homosexual is psychologically impotent despite the fact of sexual intercourse on rare occasions. He adds that the intention to practice homosexuality does not invalidate the marriage, but a condition (present or future) concerning homosexuality could form grounds for annulment provided adequate evidence could be produced to demonstrate that the validity of the contract depended upon the fulfillment of the condition of heterosexuality and that the condition was not fulfilled. In practice, Msgr. Coburn stresses, this would be almost impossible.5
Finally, from a survey of material presented by twenty-eight Catholic physicians, Msgr. Coburn sums up their collective judgment that about fifty per cent of the genuine homosexuals are
The fact that homosexual practices have wrecked many marriages has caused a psychiatrist and a canonist to consider the possibility of making homosexuality an impediment to marriage. Dr. John R. Cavanagh holds that steps should be taken to prevent unhappy marriages between a heterosexual and homosexual individual. Homosexuality should be made an impediment to matrimony, because "the homosexual cannot give proper matrimonial consent, . . . cannot develop a selfless love necessary in marriage . . . is psychologically impotent in a heterosexual relationship."1
Dr. Cavanagh is concerned with the genuine homosexual who, he argues, lacks the heterosexual orientation necessary for true marital consent.2 This individual is called psychologically impotent by Dr. Cavanagh in the sense that he lacks the desire for heterosexual relationships, possessing indeed a positive aversion for such acts.3
In the development of the canonical aspects of the problem, Msgr. Vincent P. Coburn agrees with Dr. Cavanagh that homosexuality can destroy the free consent necessary for a valid marriage.4 Likewise, he follows Dr. Cavanagh in drawing a distinction between physical and psychological impotence, and in holding that the homosexual is psychologically impotent despite the fact of sexual intercourse on rare occasions. He adds that the intention to practice homosexuality does not invalidate the marriage, but a condition (present or future) concerning homosexuality could form grounds for annulment provided adequate evidence could be produced to demonstrate that the validity of the contract depended upon the fulfillment of the condition of heterosexuality and that the condition was not fulfilled. In practice, Msgr. Coburn stresses, this would be almost impossible.5
Finally, from a survey of material presented by twenty-eight Catholic physicians, Msgr. Coburn sums up their collective judgment that about fifty per cent of the genuine homosexuals are