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    Pope Francis endorsed same-sex civil unions. What does this mean for LGBTQ rights in the US?

    Joshua Bote, USA TODAY
    ,
    USA TODAY•October 22, 2020

    Pope Francis' stunning endorsement of same-sex civil unions is not wholly unexpected, though for many LGBTQ advocates, it is a welcome message.

    “Homosexual people have the right to be in a family. They are children of God,” Francis said in an interview for the documentary "Francesco." “What we have to have is a civil union law; that way they are legally covered.”

    Catholics, as a whole, generally are among one of the more accepting sects of Christianity when it comes to same-sex unions. A Pew survey found that more than half of Catholics in the United States, along with Mainline Protestants and Orthodox Christians, support same-sex marriage. 

    It's a trend mirrored globally: Within the past five years, along with the United States, Ireland, Colombia, Malta and Austria — all of which are primarily Catholic countries — legalized same-sex marriage.

    Related: 29 countries where same-sex marriage is officially legal

    LGBTQ Catholics and advocates have applauded Pope Francis' message. Francis DeBernardo, the executive director of New Ways Ministry, an LGBTQ-centered Catholic ministry, told USA TODAY: "This is the strongest statement of acceptance of LGBTQ people that a church official has made."

    "In the church, change happens step by step, and as Catholics around the world become more used to supporting lesbian and gay couples, they and their leaders will soon see that it makes no sense not to recognize and bless these relationships in church."

    But he also acknowledges that the Pope could go farther in his support — and, in doing so, could have far-reaching implications beyond the Church.

    What does this mean for the Catholic view on LGBT people?

    For LGBTQ advocates, Pope Francis' message was not just an endorsement of same-sex civil unions — a stance that he has, indeed, tacitly taken before. It's also approval of same-sex parents having the privilege of raising families.

    Alphonso David, the president of the Human Rights Campaign, said in a statement that the Pope is "making clear that LGBTQ people have a right to their own families."

    Notably, DeBernardo points out, the Pope used the word "family" in his statement — a broader sentiment than just permitting same-sex civil unions and relationships

    "In using the word 'family,' the pope knows he is talking about more than just a couple," said DeBernardo, "otherwise he would have just said 'couple.'"

    That said, while the Pope supports civil union laws for LGBTQ couples, it is not necessarily an endorsement of same-sex marriage and the rights that come with marriage.

    What is the difference between a civil union and a marriage?

    In the United States, the key difference between civil unions and marriages is that civil unions are mostly limited to state-level protections.

    Prior to Obergefell v. Hodges, which in 2015, guaranteed same-sex marriage nationwide, states that did offer same-sex civil unions — such as Vermont, which was the first state to approve same-sex civil unions in 2000 — generally offered similar legal protections as marriages. 

    But their legal rights were significantly restricted at the federal level due to the Defense of Marriage Act (DOMA), which ran from 1996 to 2013 when parts of it were declared unconstitutional. For instance, same-sex couples in civil unions were not always able to access the same Social Security or disability benefits as married couple. Legal rights did not always carry over across state lines, either, until the dissolution of DOMA. 

    What has Pope Francis previously said about same-sex couples?

    Francis has a complicated history with the LGBTQ community, specifically on the issue of same-sex marriage. While he was archbishop of Buenos Aires, he previously endorsed civil unions for gay couples in lieu of same-sex marriages. Months into his papacy, he was famously quoted as saying: “If someone is gay and he searches for the Lord and has good will, who am I to judge?”

    However, Francis has repeatedly condemned same-sex marriage during his time as Pope — emphasizing the Catholic dictum of marriage remaining between a man and a woman in multiple statements. 

    He has supported anti-marriage equality laws in Slovenia and Slovakia, per New Ways. Last year, the Catholic Church issued a document essentially condemning transgender identities and non-heterosexual relationships. 

    What could this mean for LGBTQ legal rights in America?

    The timing of his statement arrives at a critical juncture for LGBTQ rights in the United States.

    Earlier this month, two Supreme Court Justices vehemently condemned same-sex marriage in a rebuke of Obergefell v. Hodges.  

    USA TODAY interview: Both sides of Obergefell v. Hodges join forces to oppose Amy Coney Barrett's nomination

    Both the plaintiff and defendant in that case condemned the nomination of Amy Coney Barrett, who has repeatedly been criticized by LGBTQ rights groups as hostile in her dealing with issues pertaining to gay marriage and protections of transgender people.

    The 19th: A more conservative Supreme Court could bring drastic changes for LGBTQ+ Americans

    "We cannot allow her to represent President Trump’s bigotry and bullying at the Supreme Court for decades to come," said GLAAD president Sarah Kate Ellis in a September statement.

    Currently, DeBernardo points out, Fulton vs. City of Philadelphia is on the Supreme Court's docket and will be heard in November.

    The case, focusing on a Catholic foster care agency that receives government funding and was required to serve a gay couple looking to foster a child, will decide whether agencies can discriminate on the basis of religion.

    Contributing: The Associated Press

    This article originally appeared on USA TODAY: Pope Francis endorses civil unions. What it means for LGBTQ US rights.

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