Legal warning to church on gay stance

Clergy and bishops who distribute the Vatican's latest publication describing homosexual activity as "evil" could face prosecution…

Clergy and bishops who distribute the Vatican's latest publication describing homosexual activity as "evil" could face prosecution under incitement to hatred legislation.

The Irish Council for Civil Liberties (ICCL) has warned that the language in the 12-page booklet is so strong it could be interpreted as being in breach of the Act.

Published by the Congregation for the Doctrine of the Faith, it states that Catholics have a duty to oppose the introduction and operation of legislation recognising same-sex unions. It identifies politicians as having a duty to vote against any such moves.

According to the document, Catholic teaching states that while homosexuals should be treated with "respect, compassion and sensitivity", homosexuality was "objectively disordered".

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"Those who would move from tolerance to the legitimisation of specific rights for cohabiting homosexual persons need to be reminded that the approval or legalisation of evil is something far different from the toleration of evil," it states.

It also claims that allowing children to be adopted into same-sex unions would mean "doing violence to these children". This would place them "in an environment that is not conducive to their full human development".

Ms Aisling Reidy, director of the ICCL, warned yesterday that the statement could be in violation of the 1989 Incitement to Hatred Act. Those convicted under the Act can face jail terms of up to six months.

"The document itself may not violate the Act, but if you were to use the document to say that gays are evil, it is likely to give rise to hatred, which is against the Act," according to Ms Reidy. "The wording is very strong and certainly goes against the spirit of the legislation."

Under the Act literature which is threatening, abusive or insulting, linked with the intent of stirring up hatred, is illegal.