From a Canon Lawyer

[Shana A]

Friday, 20 February 2009
From a Canon Lawyer
Zoe Brain

http://aebrain.blogspot.com/2009/02/from-canon-lawyer.html

Via the Catholic Forum on Moral Theology:

    So, it seems to me that what the Vatican has made a determination on is if you are "unambiguously" of one sex, but "feel" you belong to the other, then this definition applies. But it seems to me that if you are medically "intersexed" that by definition your gender is ambiguous. Applying another canonical maxim, "you are not bound to the impossible", you can only clarify your gender as much as it is possible to do so, using the best available information you have at that time. Neither God nor the Church can require you to do more than that.

    So ultimately, I don't think there is an answer to your question. The Church has made a pronouncement that it does not want people who clearly are of one gender to change to another because it is considered mutilation. However, it has not made pronouncements for those whose gender is not biologically/genetically consistent or determined. Your situation puts you into a theological and canonical gray area where morally you are simply called to do the best you can do with the information you have. And consider that the Pope when he speaks is speaking as someone who has a Code understanding of the law and theology - he is making pronouncements that are meant to be applied to 99% of his people. I suspect that if you were to present him with the facts of your case and of those in your similar situation, he would understand that you require an exception because you and your circumstances are exceptional! The scriptures you quoted in your posts are evidence that even in scripture there are those to whom that 1% exception applies.

[JENNIFER]

An interesting view from a 'canonical' lawyer but as with all lawyers, it was his interpretation of law based upon doctrine.

As a law student, I am often buried under weighty books containing rulings and judgments of this law or that law, all of which claim to interpret the same statute or legal regulation or civil code to achieve a desired outcome.

My experience is that catholica tends to listen primarily to their own priests and then follow those uttering of the Pope.  Non conformists are usually less rigid and more accepting of differences in the people around them. 

I would just say that taking a 'literal' view of such a complex subject opens up problems rather than solves them.  Basing a view upon the 'written codes' of the religions shows an unwillingness to bend or to understand.

Thank you Zythyra for posting the article.

[Janet_Girl]

I care not what comes out of the Roman Empire, let allow what the Emperor has to say.  They are very old school and need to come to grips with the REAL world.

Janet