Steve Jalsevac

Father Guarnizo and the nitty gritty of Canon Law and refusing Holy Communion

Steve Jalsevac
Steve Jalsevac

March 28, 2012 (LifeSiteNews.com) –  In light of the recent news about the Archdiocese of Washington apologizing to an open lesbian for Communion being denied her at a funeral, a U.S. priest canonist has submitted to LifeSiteNews this unsolicited analysis of Catholic Canon Law on the matter.  The priest is known to LifeSiteNews but must remain publicly unnamed.

We are including this detailed analysis since the fact that they have not been denied Catholic sacraments has been a large factor in helping very influential, obstinately pro-abortion or anti-family Catholic politicians and activists (Nancy Pelosi, Ted Kennedy, Kathleen Sibelius, Tony Blair, etc.) to legitimize their damaging actions, while still claiming to be in good standing with the Church. The Catholic public figures have in many cases been top leaders of actions against the protection of innocent human life and the family.

There is a growing clamor among pro-life and pro-family leaders, many laity and even from non-Catholics demanding that the Catholic Church end this damaging scandal by using its Canon 915 as an act of charity for the offenders, their victims and the wider community.


A Canonical Defense of Father Marcel Guarnizo

As a priest and canon lawyer, I’d like in canonical terms, to revisit the controversial events surrounding the denial of Holy Communion to Barbara Johnson by Father Marcel Guarnizo. First of all, while I agree with many of the points by the very well-respected canonist Dr. Ed Peters, I believe that even with the rather limited information currently available, Father Guarnizo very possibly and correctly satisfied the conditions of canon 915 in denying Holy Communion to Barbara Johnson. Secondly, I would like to comment on Father Guarnizo’s unjust “administrative leave” in light of the Code of Canon Law.

Canon 915 and Father Guarnizo

The first rule of interpretation in canon law is to read the canon.  Canon 915 reads:

“Those upon whom the penalty of excommunication or interdict has been imposed, and others who obstinately persist in manifest grave sin, are not to be admitted to Holy Communion.”

As Ed Peters clearly points out, canon 915 lays an obligation on the minister distributing Holy Communion to deny Holy Communion to certain parties. Who are these parties? The first two parties are those who have been excommunicated or interdicted by imposition or declaration. The third party to be denied Holy Communion are those who fulfill all of the following three conditions, i.e., those who

1. Obstinately persist
2. in manifest
3. grave sin.

How is this canon to be interpreted? Ed Peters rightly mentions a general norm:

Can. 18 - “Laws which establish a penalty, restrict the free exercise of rights, or contain an exception from the law are subject to strict interpretation.”

as well as canon 912:

Can. 912 - “Any baptized person not prohibited by law can and must be admitted to Holy Communion.”

On the other hand, Father William Byrne, Secretary for Pastoral Ministry and Social Concerns, in the Archdiocese of Washington’s press release, states,

“We should receive Jesus with the intention of becoming more like Him. No one is entitled to the Eucharist. It is a free gift and should be received with humility and reverence.”

Ed Peters is again correct to say that the burden lies upon Father Guarnizo to prove he satisfied the requirements of canon 915. On the other hand, canon 915 lays a grave obligation on the minister of Holy Communion to protect the Eucharist from sacrilege and to prevent scandal. It goes without saying that the minister who violates canon 915 should be justly punished.

Ed Peters summarily explains why Father Guarnizo does not fufill the conditions of canon 915:

“Guarnizo did not know, and could not have verified, whether Johnson’s sin (speaking objectively), which could be grave (a conclusion I think a Catholic could reach based on the words used here) was also manifest, as well as obstinate and perseverating (sic). “

This statement raises a question. Given the extremely limited information we currently have from a variety of sources, how exactly does Ed Peters judge that Father “Guarnizo did not know, and could not have verified” Barbara Johnson was not a manifest, grave sinner? It is safe to assume that Ed Peters was not present at the chapel for the funeral, nor was he in the sacristy, nor does he have knowledge of who or how many persons witnessed the conversation that took place between Father Guarnizo and Barbara Johnson.

Ed Peters goes on to quote a number of very reputable and traditional Catholic moralists and manualists who express in various terms the meaning of canon 915. Let’s look carefully at canon 915. Here’s the canon again:

Canon 915 - “Those upon whom the penalty of excommunication or interdict has been imposed, and others who obstinately persist in manifest grave sin, are not to be admitted to Holy Communion.”

What is the purpose of canon 915? Cardinal Raymond Burke, Prefect of the Apostolic Signatura (the highest tribunal in the Church) answers this question in a paper regarding the liciety of admitting pro-abortion politicians to Holy Communion in light of canon 915. (For those who haven’t read the paper, the quick answer is “no”.) Cardinal Burke states that Canon 915 exists primarily to prevent sacrilege while at the same time preventing our Greatest Good from being violated. His Eminence also remarked in the Jesuit periodical America Magazine that,

“Canon 915 deals with the state of someone who persists in an open, serious moral violation and so has gravely sinned. This means you can’t receive Communion, but it is not saying you are excommunicated. It’s just saying you have broken, in a very serious way, your communion with God and with the Church and therefore are not able to receive Holy Communion.”

The same point is implied in St. Paul’s scolding of the Corinthian Christians during Mass:

“For he that eateth and drinketh unworthily, eateth and drinketh judgment to himself, not discerning the body of the Lord.”

The minister who applies canon 915 actually does the sinner a great service in charity by preventing him from committing another grave sin.

The secondary purpose of canon 915 is the prevention of scandal. What is scandal? Cardinal Burke says:

“The first and properly theological meaning of scandal is to do or omit something which leads others into error or sin. The second meaning is to do or omit something which causes wonderment (admiratio) in others. Denying Holy Communion publicly to the occult sinner involves scandal in the second sense. Giving Holy Communion to the obstinately serious and public sinner involves scandal in the first sense.”

In his Summa Theologiae, St. Thomas Aquinas says that although there is a need for the minister distributing Holy Communion to protect the good name of the hidden sinner, there is also an obligation to protect the Eucharist from sacrilege by a public sinner.

Since Barbara Johnson doesn’t fall into the first two categories of canon 915, let’s see she if she fulfills the following three conditions for the last category of persons, i.e., those who

1. Obstinately persist
2. in manifest
3. grave sin.

1. Obstinately persist

What does it mean to “obstinately persist”?

The Pontifical Council for Legislative Texts (PCLT), the department of the Vatican whose job it is to interpret authentically both universal and particular laws in the Church, states that this phrase “obstinate persistence” is

“the existence of an objective situation of sin that endures in time and which the will of the individual member of the faithful does not bring to an end, no other requirements (attitude of defiance, prior warning, etc.) being necessary to establish the fundamental gravity of “the situation in the Church.”

“Obstinate persistence” denotes an objective (not subjective) state. Although commonly misunderstood, it is not necessary that warnings be issued in order to judge “obstinate persistence”.

Before the funeral Mass, Barbara Johnson declared her homosexual status by introducing her lesbian lover to Father Guarnizo. What was the purpose of this action? We now know, from media reports, that Barbara has been with her partner for 20 years.

We also know that Barbara Johnson walked out of the sacristy while her lover blocked the doorway.

2. “Manifest”

What does “manifest” mean?

Among the leading canon lawyers currently living in North America is Professor John Huels at St. Paul’s University. In his 1985 commentary on canon 915, Professor Huels writes that, “a manifest sin is one which is publicly known, even if only by a few.”

Although tempting, it is not possible completely to equate the term “manifest” with the term “public”, since, in the 1917 Code these two adjectives are used to describe those who are not allowed a Catholic funeral. (1917 Code of Canon Law, c. 1240. Alii peccatores publici et manifesti [Other public and manifest sinners])If “manifest” were exactly the same as“public”, why would the legislator have used both terms?“  Manifest” can also refer to the fact that certain moral actions by their very essence are always immoral and are objectively wrong.For example, we say that it is“manifest” or clear, i.e., there is no doubt, that a certain moral action is definitely wrong.The term “manifest”would certainly in its definition, a politician who is actively attempting to pass legislation to facilitate direct abortions. Understandably there is overlapping in meaning but the the term “public” can mean “that which is provable in the external forum.”

The Jesuit theologian Father Davis, in his classic Moral and Pastoral Theology published in 1938, declared that,

“He is, relatively speaking, a public sinner, if he is known to be such by those who observe that he asks for the Sacraments. He is said to ask for them publicly, if he does so, in the presence of any others, many or few, who would recognize him as a public sinner.”

The ancient Rituale Romanum stated:

“All the faithful are to be admitted to Holy Communion, except those who are prohibited for a just reason. The publicly unworthy, which are the excommunicated, those under interdict, and the manifestly infamous, such as prostitutes, those cohabiting, usurers, sorcerers, fortune-tellers, blasphemers and other sinners of the public kind, are, however, to be prevented, unless their penitence and amendment has been established and they will have repaired the public scandal.”

Furthermore, as Cardinal Burke mentions in his commentary on canon 915,

“Regarding the denial of Holy Communion, the [1720 Ruthenian] Synod made its own the perennial discipline of the Church:

“Heretics, schismatics, the excommunicated, the interdicted, public criminals, the openly infamous, as also prostitutes, the publicly cohabiting, major usurers, fortune-tellers, and other evil-doing men of the same kind, however, are not to be admitted to the reception of this Sacrament, according to the precept of Christ: ‘Do not give the Holy to dogs’. “

A notorious act here means an act that cannot be concealed.

The well-respected Father William Woestman adds that,

“the public reception of Communion by a public sinner implies that the Church and her ministers somehow condone the public serious sin.”

An author that Ed Peters is familiar with and recommends is the Dominican Father Halligan. Father Halligan, in Administration of the Sacraments, states that a crime

“is public, if it is already divulged or is so situated that it may and must be concluded that it will easily become commonly known.”

Who else was present in the sacristy on the day of Barbara Johnson’s mother’s funeral? Who else could have heard the conversation that took place between Father Guarnizo and Barbara Johnson? Usually before a liturgical ceremony such as a funeral, a number persons can be present in the sacristy (e.g., altar servers, schola members, members of the recently deceased, the parish secretary, etc.).

In addition, reasonableness is assumed in law. Is it not reasonable that the community, largely made up of Barbara Johnson’s family, knew of her lesbian relationship before the funeral if not at least at the funeral?

At family gatherings like funerals or weddings, people “catch up” and learn how everyone and everything has been going since the last funeral or wedding. People find out family news. Even strangers discover a little bit about who’s related to whom and so on. Is it not very reasonable that more than a few people present in that church building knew about the lesbian relationship between Barbara Johnson and her lover?

Every human being lives in a community. What about the community of which Barbara Johnson is a member and amongst whom she lives? Are they supposed to assume that Barbara Johnson received Holy Communion just like everybody else? Doesn’t this create scandal in Cardinal Burke’s first sense where the faithful are led into error about who is worthy to receive Holy Communion?

An unnamed source present at the funeral mentioned that most of the congregation was mysteriously not made up of those around the age of the recently deceased mother but were more around the age of Barbara Johnson. An unusually small percentage of people came up to receive Holy Communion. If these were friends of Barbara Johnson, what about the possible scandal that could have taken place if Father Gaurnizo had given her Holy Communion? This witness is confident that the vast majority of the persons present for the funeral knew about the lesbian “lifestyle” of Barbara Johnson.

3. Grave sin.


Regarding “Grave Sin”, the Pontifical Council for Legislative Texts declares that this is, “understood objectively, being that the minister of Communion would not be able to judge from subjective imputability.”

Now that we’ve walked through a working description of the phrase in canon 915 asserting that those who “obstinately persist in manifest grave sin, are not to be admitted to Holy Communion,” what is a concrete example of people who fall into this category? The answer is given to us by Blessed Pope John Paul II, Cardinal Ratzinger, Prefect of the Congregation for the Doctrine of the Faith, the Catholic Catechism and again, the Pontifical Council for Legislative Texts.

Blessed John Paul II in Familaris Consortio in 1982:

“The Church reaffirms her practice, which is based upon Sacred Scripture, of not admitting to Eucharistic Communion divorced persons who have remarried. They are unable to be admitted hereto from the fact that their state and condition of life objectively contradict the union of love between Christ and the Church which is signified by the Eucharist. Besides this, there is a another special pastoral reason: if these people were admitted to the Eucharist, the faithful would be led into error and confusion regarding the Church’s teaching about the indissolubility of marriage.”

Cardinal Ratzinger, Prefect of the Congregation for the Doctrine of the Faith in 1991:

“As far as the internal forum solution is concerned as a means of resolving the question of the validity of a prior marriage, the magisterium has not sanctioned its use for a number of reasons, among which is the inherent contradiction of resolving something in the internal forum which by its nature also pertains to and has such important consequences for the external forum.”

Catechism of the Catholic Church, numbers 1650-1651:

“If the divorced are remarried civilly, they find themselves in a situation that objectively contravenes God’s law. Consequently, they cannot receive Eucharistic Communion as long as this situation persists. “

Pontifical Commission for Legislative Texts in 2000:

“In effect, the reception of the Body of Christ when one is publicly unworthy constitutes an objective harm to the ecclesial communion: it is a behavior that affects the rights of the Church and of all the faithful to live in accord with the exigencies of that communion. In the concrete case of the admission to Holy Communion of faithful who are divorced and remarried, the scandal, understood as an action that prompts others towards wrongdoing, affects at the same time both the sacrament of the Eucharist and the indissolubility of marriage. That scandal exists even if such behavior, unfortunately, no longer arouses surprise: in fact it is precisely with respect to the deformation of the conscience that it becomes more necessary for Pastors to act, with as much patience as firmness, as a protection to the sanctity of the Sacraments and a defense of Christian morality, and for the correct formation of the faithful.”

The noted 1917 Code commentar Fr. Lincoln Bouscaren, SJ, in Canon Law Digest (vol. 1, 408-409) also relates the case of

“a woman that was living in open concubinage with a relative, went to confession to a missionary, and was admitted by him to Holy Communion. The pastor of the church questioned the propriety of this course of action on the part of the missionary, and referred the matter to the Ordinary of the place. The latter forbade the admission of the woman to Holy Communion until she should have separated from the man with whom she was living. From this decree, the missionary had recourse tot he Sacred Congregation of the Council.

Question: Whether the decree of the Ordinary is to be obeyed.
Reply: In the affirmative.”

Father William Woestman logically concludes that

“the same principles apply to everyone whose habitual lifestyle is manifestly gravely sinful, e.g., the unmarried “living together,” homosexuals or lesbians in a public relationship, those actively participating in the performance of abortions, drug traffickers, gang members.”

We can see that Ed Peters clearly contradicts the point reinterated by Father Woestmann:

“I think that withholding Holy Communion from those divorced and remarried outside the Church is an application of Canon 915 (see, e.g., Kelly, in GB&I COMM [1995] 503), but I need not prove that point to show that withholding the Eucharist from divorced-and-remarrieds, that is, those who status is de iure public, is appropriate under, among other things, the 1994 CDF Letter on Communion for Divorced and Remarried Catholics, n. 6.  Of course, as Johnson is apparently not divorced and remarried outside the Church, and because Guarnizo did not suspect her of being so, his implicit appeal to the CDF letter and/or c. 915, fails in law and in fact.”

Objectively, homosexuality is graver than adultery. I don’t understand why Dr. Peters says that it is licit to use canon 915 to deny Holy Communion to those who are divorced and have remarried but it is not licit to use canon 915 for a lesbian in a homosexual relationship.

Up to this point, we’ve applied our attention to law relevant to the particular situation of Baabara Johnson. Now we ask, what should be done practically in a concrete situation?

The Pontifical Council for Legislative Texts again provides the answer:

“Naturally, pastoral prudence would strongly suggest the avoidance of instances of public denial of Holy Communion. Pastors must strive to explain to the concerned faithful the true ecclesial sense of the norm, in such a way that they would be able to understand it or at least respect it. In those situations, however, in which these precautionary measures have not had their effect or in which they were not possible, the minister of Communion must refuse to distribute it to those who are publicly unworthy. They are to do this with extreme charity, and are to look for the opportune moment to explain the reasons that required the refusal. They must, however, do this with firmness, conscious of the value that such signs of strength have for the good of the Church and of souls.”

“The discernment of cases in which the faithful who find themselves in the described condition are to be excluded from Eucharistic Communion is the responsibility of the Priest who is responsible for the community.”

We know that Father Guarnizo did not make the funeral arrangments for Barbara Johnson’s mother. We also know that after hearing confessions from 9:30-10:20am, Father Guarnizo wanted to speak with Barbara before the 10:30am funeral Mass but was blocked by Barbara Johnson’s lover. We also know that Father Guarnizo’s action to deny Holy Communion to Barbara Johnson was extremely discreet.

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Fr. Mark Hodges

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NY court lets woman refuse vaccine made with aborted baby tissue

Fr. Mark Hodges
By Fr. Mark Hodges

NEW YORK, September 3, 2015 (LifeSiteNews) – An Orthodox Christian woman has won the right to refuse a vaccine developed using aborted babies' tissue, based on her religious beliefs.

The vaccine is for measles/mumps/rubella and is required by New York City law for all schoolchildren. It was developed from fetal tissue procured from abortions, hence the moral dilemma for practicing Christians.

The woman, who remains anonymous, said her Christian beliefs against abortion compel her to have nothing to do with vaccines made using aborted fetal tissue.

"Abortion is clearly a mortal sin and is [an] abhorrent act to any Christian," the New York mom said in her petition for exemption, according to the New York Post. "The vaccine manufacturers' use of aborted fetal cells in its products and research means that I cannot associate with them or support them financially (by buying their products), for such support would make me complicit to their sin."

New York State Department of Education Commissioner Mary Ellen Elia concluded in the woman's favor, explaining, "The weight of the evidence supports petitioner's contentions that her opposition to the MMR vaccine stems from sincerely held religious beliefs."

Click "like" if you are PRO-LIFE!

Christianity has always opposed abortion, from the time of the New Testament.  The Bible teaches that from conception, the womb holds a human person, calling pregnancy "to be with child" (Isaiah 7:14). Many biblical individuals are explicitly described as called or known from the womb, such as Jeremiah (Jeremiah 1:4-5), Isaiah (Isaiah 44:2;  49:1), Job (Job 10:8-12), Paul (Gal. 1:15), and John the Baptist (Lk. 1:15). The New Testament also condemns abortifacients (Galatians 5:20;  Revelation 9:21, 18:23, 21:8, 22:15).

Other early Church documents condemning abortion include the Didache, the Epistle of Barnabas, the Epistle to Diognetus, the Apocalypse of Peter, St. Athenagoras's writings, the letters of St. Clement of Alexandria, the Apostolic Constitutions, Tertullian, Hippolytus's Apostolic Traditions. Additionally, every early Church council says likewise. 

Every ancient Christian leader unequivocally wrote that abortion, without exception, is against Christian belief and practice. Those who wrote extensively on the topic include St. Basil the Great, St. John Chrysostom, St. Jerome, St. Ambrose of Milan, St. Gregory of Nyssa, St. Augustine, St. John the Faster, and the sixth worldwide Great Ecumenical Council (691).

This conviction continues to the present day. The Congress of the Greek Archdiocese of North and South America stated, "The Orthodox Church has a definite, formal, and intended attitude toward abortion. It condemns all procedures purporting to abort the embryo or fetus, whether by surgical or medical means. The Orthodox Church brands abortion as murder, that is, the premeditated termination of the life of a human being.  Decisions of the Supreme Court and state legislatures by which abortion is allowed, with or without restrictions, should be viewed by practicing Christians as an affront to their beliefs in the sanctity of life."

Thus, New York admitted that the woman's beliefs were in line with her religion.  Nevertheless, pro-abortionists say the First Amendment's assurance of the free exercise of religion should not include parents choosing whether to vaccinate their children.

Pro-abortionists sharply criticized the decision. "If we allow people to opt-out of vaccination, it puts other people's children at risk," says Sharon Levin of the pro-abortion National Women's Law Center.  "I think this decision is just one can in a crate of a can of worms that have been opened since the Hobby Lobby decision."

Levin was referring to Hobby Lobby's legal attempt to opt out of Obamacare's mandatory abortion/sterilization/contraception coverage, which violated the family-owned and operated corporation's religious convictions.

Yahoo Health writer Jennifer Gerson Uffalussy reports that undercover Planned Parenthood videos "have pushed questions regarding fetal tissue-based biomedical research to the forefront."

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Sen. Rand Paul, R-KY, speaking at the 2013 Conservative Political Action Conference in National Harbor, Maryland. Gage Skidmore / Flickr
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‘It’s absurd’: Rand Paul blasts Kim Davis’ jailing over gay ‘marriage’

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By Ben Johnson

ASHLAND, KY, September 3, 2015 (LifeSiteNews) - Rowan County Clerk Kim Davis has been arrested and taken to jail for refusing to issue marriage licenses to same-sex couples this afternoon. After repeatedly refusing to give such a license to gays and lesbians, a federal judge found her in contempt of court and sentenced her to jail time rather than assessing a fine. 

As she was escorted out of the courtroom to jail, homosexuals began chanting, "Love won! Love won!" 

As the scene played out, her U.S. senator, Republican presidential hopeful Rand Paul, said the decision was unwarranted, violated religious liberty, and would further polarize the country on the issue of same-sex "marriage."

"I think it's absurd to put someone in jail for exercising their religious liberty," Sen. Paul, R-KY, told CNN. "If you want to convince people that same-sex 'marriage' is something that's acceptable I would say try to persuade people" instead of using state force.

He also warned such heavy-handed tactics would backfire on LGBT activists. "If we're going to use the federal government, and we're going to get involved in every state and locality, you know what's going to happen? It's going to harden people's resolve on this issue," Paul added. "There's going to be no open-mindedness on this."

"I think it's a real mistake to be doing this," he said.

He said if state force continued to be exerted against Christian believers, "I think what's going to happen as a result of this is states and localities are just going to opt out of the marriage business completely."  

U.S. District Court Judge David Bunning - a George W. Bush appointee and the son of former moderate Republican Senator Jim Bunning of Kentucky - had ordered Davis to issue marriage licenses to homosexual couples but was repeatedly rebuffed.

"The court cannot condone the willful disobedience of its lawfully issued order," Judge Bunning said in issuing the arrest order. "If you give people the opportunity to choose which orders they follow, that's what potentially causes problems."

Bunning ordered Davis imprisoned, rather than imposing a fine, because he said her fellow believers would take up a collection and pay her fine. 

Similar tactics were applied when Christians who refused to participate in same-sex "marriages" tried to raise funds via crowdfunding platforms.

Paul's rivals for the 2016 Republican nomination - Mike Huckabee, Bobby Jindal, and Marco Rubio - have also voiced their support for the now-incarcerated Davis. 

"We should seek a balance between government's responsibility to abide by the laws of our republic and allowing people to stand by their religious convictions," Rubio said yesterday. "There should be a way to protect the religious freedom and conscience rights of individuals working in the office."

But her opponents say they demand nothing unreasonable of her. ACLU attorney Heather Weaver said, "Its not making someone a martyr to ask someone to do their job and follow the law."

Republican presidential candidates Chris Christie, Lindsey Graham, and Carly Fiorina have agreed that clerks who have deeply held religious beliefs must enforce the law. Christie underscored his resistance to finding any accommodation for public officials.

The prospect of jail does not frighten Davis, a born again Christian, who says iron bars cannot separate her from the Savior Who dwells in her heart, nor does prison compare to the punishment that she believes awaits should she participate in legitimizing sin.

"I've weighed the cost and I'm prepared to go to jail," Davis told Fox News yesterday. "This is a Heaven-or-Hell issue for me and for every other Christian that believes. This is a fight worth fighting."

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Hundreds of thousands of people join the 'Manif pour tous' march in Paris supporting natural family in 2014.
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Alarmed report details Sexual Left’s agenda to defeat surging European family movement

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By Gabriele Kuby

September 3, 2015 (LifeSiteNews) -- The world-wide operating Friedrich-Ebert-Stiftung (FES) is the intellectual activist centre of the Social Democratic Party (SPD) which presently governs Germany in a coalition with the Christian Democratic Party under Chancellor Angela Merkel. As their publications and conferences reflect, the FES pushes for same-sex “marriage,“ reproductive rights, biotechnology, sexual diversity, gender equality, and sexual education. It also publishes reports with the intention of “naming and shaming” individuals, organizations, parties, and networks which work on behalf of life and the family.

The FES’s latest publication takes an international approach, describing anti-gender activists and actions in France, Germany, Hungary, Poland, and Slovakia. Titled Gender as Symbolic Glue: The position and role of conservative and far-right parties in the anti-gender mobilizations in Europethe report was published by something called the Foundation for European Progressive Studies – “with the financial support of the European Parliament” and the Budapest branch of the FES.

The authors are alarmed over the growing resistance to ‘gender politics’ seen at the grass-roots level (e.g. La Manif pour tous movement in France and Demo für alle in Germany) and expressed in referendums held in several countries across Europe. In addition, they cite the opposition of political parties at the local and European levels, and the ‘anti-gender’ declarations of Bishop’s Conferences. What is seen as a dangerous development by the sexual left is really a testimony to the success of the pro-life and pro-family movement in Europe. The authors say:

Anti-gender movements want to claim that gender equality is an ‘ideology’, and introduce the misleading terms ‘gender ideology’ or ‘gender theory’ which distort the achievements of gender equality … This phenomenon has negative consequences for the legislation on gender equality.

The Symbolic Glue report then provides “policy recommendations for the progressive side to stand up against fundamentalist political activism.”

The individual country reports on the “reactionary backlash” against gender politics in France, Germany, Hungary, Poland, and Slovakia give a good overview of the situation in each country and the positions of the conservative and right-wing parties. In contrast to previous publications from the Friedrich-Ebert-Stiftung, which tried to defame and stigmatize conservative individuals as right-wing radicals, bigots, and family-fundamentalists, the Symbolic Glue report largely refrains from such slanderous language. In fact, the authors sound worried that conservative activists are acquiring dominance in public debates, and are influencing party politics and legislation by: 

  • coining the terms “gender-ideology” and “genderism”;
  • giving “scientific” evidence against “gender ideology”;
  • mobilizing at the grass-roots level through “fear-managing language”;
  • making use of “authoritarian themes” such as the polemic against the French schoolbook Tous à poil (All naked);
  • creating “moral panic” that “allows socialist officials to be accused of … jeopardising the future of society”;
  • re-articulating “parent-power” or parental involvement in “promoting the parents as actors of the restoration of authority and traditional values at school”;
  • the “gradual subordination of educational institutions to Christian conservative worldview, carried out by local authorities in cooperation with the Catholic Church and religion-based organisations”;
  • utilizing “hate-speech towards Gender Studies” (as an academic subject) and relying on “freedom fighter rhetoric”;
  • pointing to the EU as a “cultural coloniser”;
  • leading successful constitutional referendums for defining marriage as the union of one man and one woman.

Symbolic Glue also analyses the deficiencies of the sexual left. It is difficult to say whether this self-critical stance is a tactical device to arouse sympathy and motivate people to engage in the anti-anti-gender battle, or whether it is really dawning on the authors that anti-gender movements can have “grave consequences not only to women’s and LGBT rights but to the emancipatory promise of the Left altogether.”

The sexual left, according to the authors’ own evaluation, seems to be missing ‘symbolic glue’. They see:

  • “difficulties of building an ideological response to conservatives”;
  • “lack of public campaign against the anti-gender discourse”;
  • “the inability to articulate a progressive agenda in the concrete experience of “ordinary people”;
  • the counter-reactions of leftist parties to the anti-gender mobilisation being “one step behind those of extra-parliamentary forces”.

The ultimate intention of the authors is to cure “progressives” of these deficiencies. But it is good that they also let conservatives know how they want to achieve this. 

Indeed, it is difficult to convince “ordinary people” of the notion of gender theory, and that the traditional identity of man and woman are restrictions on human freedom that must be overcome by voluntarily choosing one’s gender identity according to one’s feelings. Since the authors supply no definition for the concept of gender identity, we have to refer to the Preamble of The Yogyakarta Principlessince it is one of the rare places where a definition is given:

‘Gender identity’ … [refers] to each person’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth, including the personal sense of the body (which may involve, if freely chosen, modification of bodily appearance or function by medical, surgical or other means) and other expressions of gender, including dress, speech and mannerisms.

The solution to the incompatibility of gender theory with common sense – rooted in nature – is apparently to drop the concept of gender entirely. "Using the concept of gender as a technical category in the long run can be more self-destructive than useful while encountering this new political challenge." The progressives intend to move away from a “framework of identity politics” and reclaim the “real leftist values, using the language of solidarity” by “creating a counter-language, which reflects the emotional-fear language of the rightists.” Furthermore, “Instead of putting the emphasis on ‘human nature’ or ‘traditional values’, progressive actors have to take advantage of other aspects of ‘common sense’:  us/them distribution of power and wealth. Defining political antagonism is a pathway to hegemony.” The authors recognize that the opposition is composed of hard to control grass-roots movements and, therefore, advise progressive actors and left-wing parties to “strongly connect to grassroots [sic] organisations, local and individual initiatives.”

Furthermore, the public is to be provided “with concrete information about gender studies and policies through academic conferences, articles and statements from gender experts.” But in addition to conferences and a public dialogue between feminists and Catholics in order to “ridicule the anti-gender campaign”, an “e-learning course on … gender equality”, developed in Slovakia, is recommended as “best practice”, targeting administration staff, students, and the general public.

The authors of the Symbolic Glue report also sound somewhat startled to see a “paradigm change in science as we know it.” They describe the science they know as the “post-modern turn of modernity … where science became a moral and normative category acknowledging the positionality of the knower. This approach also questions the subject-object division and brings in new symbols, new myths and redefinitions.”

It is worth noting that with the exception of Andrea Petö who wrote the Epilogue, the report’s authors are all young women who belong to the “millennial” generation born around 1980. Several of them are in the process of obtaining a Ph.D., so their academic formation took place during the last ten years. This is precisely the period during which “gender studies” was established as an academic subject at the universities. (In German-speaking countries there are more than 200 professors for “gender” or “queer studies”, nearly all of them women.) “Gender studies” was and is a wide open door for female careers and a booming market for jobs.

These young women only know a “science” which is subordinated to the aim of effecting a political change in society – and academics is seen as an instrument for serving the cause of feminist and LGBT-interests. This so-called “science” has completely severed the academic commitment to the search for truth – which is – or was – the moving force behind the unfolding of European culture.

In general, Gender as symbolic glue, which was published by a foundation with a certain scientific claim, does not show the slightest intention of dealing with arguments on their merit; it just wants to pillory the enemy. Twenty-three individuals – perceived as enemies of the sexual left – are presented in an “Index” at the end of the book. (Wasn’t there an aversion to Catholic “indices” among enlightened liberals?)

In the end, the report says more about the weaknesses of the gender identity movement than about its opponents. The young authors must feel that their ‘intellectual house’ is built on sand, otherwise they wouldn’t express such worried dismay over the opposition they are facing. After all, international institutions like the UN and the EU – with their sub-agencies like the Fundamental Rights Agency and European Institute for Gender Equality – and national governments, with the superpower U.S. leading the way, as well as global corporations like Apple, Microsoft, and Facebook, and global NGOs like IPPF and ILGA, to name but a few, all with billions of dollars at their disposal, are on the side of the gender identity activists in this cultural war.

So why are these young women worried about the opposition of twenty-three people and a few comparatively tiny organisations with extremely small budgets? The answer is simple: Because they feel that the truth is on their side.

Gabriele Kuby is a sociologist, international speaker, and author of Die Gender-Revolution – Relativismus in Aktion, 2006, and Die globale sexuelle Revolution – Zerstörung der Freiheit im Namen der Freiheit, 2012. Both books have been translated into several languages and are referred to in the Symbolic Glue report. Die globale sexuelle Revolution will be published in the U.S. by Angelico Press in the fall of 2015.

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