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Law Professor Embroiled In Marriage Debate
By SUSAN BRINKMANN, The Bulletin
A Boston College Law professor found himself embroiled in the same sex marriage debate in Maine when he appeared in a Sept. 15 advertisement urging voters to support traditional marriage.
Scott Fitzgibbon, a professor at the Jesuit-run Boston College Law School, appeared in a commercial sponsored by StandForMarriageMaine.com where he expressed his concern about the detrimental legal consequences that would arise from allowing the legalization of gay marriage.
“Unless question one [which overturns the movement to legalize gay marriage] passes, there could be real consequences for Mainers," he said in the ad. “Legal experts predict a flood of lawsuits against individuals, small business and religious groups. Church organizations could lose their tax exemption and homosexual marriage would be taught in public schools, whether their parents like it or not."
Only a day after the ad aired, faculty members at the College began to complain, prompting Boston College Law Dean John Garvey to issue a letter to the law community acknowledging their comments but saying, “ . . .(I)t is hard for me to see any of our students, faculty, or staff offended or hurt by the words of others.”
However, instead of praising Prof. Fitzgibbon’s public defense of Catholic teaching, Dean Garvey said his “public statements represent his own opinions. . . and do not state any official position of Boston College Law School.” While defending Prof. Fitzgibbons’ right to participate in the ad, he also seemed to welcome faculty opposition to Catholic teaching.
“We also have faculty members who hold a contrary view, which they too are free to express publicly,” he wrote. “Many have done so while referring to themselves as BC Law professors. One of them has publicly led the fight to oppose the Solomon Amendment on the grounds that it is an affront to gay and lesbian students and prospective members of the U.S. military. Others have taken controversial positions on such subjects as abortion, euthanasia, and the treatment of detainees.”
This wasn’t the first time Prof. Fitzgibbon spoke out in defense of marriage. On Feb. 19, 2004, The Boston College Chronicle reported on comments made by faculty during a constitutional convention held to debate gay marriage in Massachusetts.
During those debates, Prof. Fitzgibbon said, "Marriage is a union between a man and a woman for sharing a life together. It is unique among all human institutions. It is a source of love and a school of the virtues.”
His sentiments were echoed by a colleague, Adj. Assoc. Prof. Paul McNellis, SJ, who said: “This is not a Church-state issue. It's a matter of the public common good, to which Christians are obligated to contribute according to their talents and abilities. If marriage is going to be radically redefined for six million residents of Massachusetts, then let's let the citizens of the Commonwealth decide, not four unelected judges.”
Prof. Fitzgibbon says he became involved in the Maine marriage debate because of serious legal concerns he has about the impact of the redefinition of the institution of marriage, concerns which he shares with law professors from four universities who sent a letter to Maine Gov. John Baldacci on May 1.
In this letter, the professors warned the governor that signing the bill without adding "robust" religious freedom protections "will lead to damaging, widespread, and unnecessary conflict between same-sex marriage and religious liberty." Such language was not added to the final bill which was passed by the Maine legislature on May 6.
The letter goes on to cite a New Jersey case in which the state removed the tax-exempt status from a United Methodist oceanfront retreat center pavilion because retreat center officials refused to rent it to a lesbian couple.
Even though Dean Garvey appeared to welcome the “free expression” concerning Prof. Fitzgibbons participation in the ad, he did join a group of 76 individual faculty and administrators at Boston College Law School in issuing a statement reaffirming their belief in the equality of all students.
“We are proud of the fact that Boston College Law School was one of the first law schools in the country to include sexual orientation in its non-discrimination pledge,” the statement reads, ”and we reaffirm our commitment to making our institution a welcome and safe place for all students, including LGBT students.”
Susan Brinkmann can be reached at fiat723@aol.com
Scott Fitzgibbon, a professor at the Jesuit-run Boston College Law School, appeared in a commercial sponsored by StandForMarriageMaine.com where he expressed his concern about the detrimental legal consequences that would arise from allowing the legalization of gay marriage.
“Unless question one [which overturns the movement to legalize gay marriage] passes, there could be real consequences for Mainers," he said in the ad. “Legal experts predict a flood of lawsuits against individuals, small business and religious groups. Church organizations could lose their tax exemption and homosexual marriage would be taught in public schools, whether their parents like it or not."
Only a day after the ad aired, faculty members at the College began to complain, prompting Boston College Law Dean John Garvey to issue a letter to the law community acknowledging their comments but saying, “ . . .(I)t is hard for me to see any of our students, faculty, or staff offended or hurt by the words of others.”
However, instead of praising Prof. Fitzgibbon’s public defense of Catholic teaching, Dean Garvey said his “public statements represent his own opinions. . . and do not state any official position of Boston College Law School.” While defending Prof. Fitzgibbons’ right to participate in the ad, he also seemed to welcome faculty opposition to Catholic teaching.
“We also have faculty members who hold a contrary view, which they too are free to express publicly,” he wrote. “Many have done so while referring to themselves as BC Law professors. One of them has publicly led the fight to oppose the Solomon Amendment on the grounds that it is an affront to gay and lesbian students and prospective members of the U.S. military. Others have taken controversial positions on such subjects as abortion, euthanasia, and the treatment of detainees.”
This wasn’t the first time Prof. Fitzgibbon spoke out in defense of marriage. On Feb. 19, 2004, The Boston College Chronicle reported on comments made by faculty during a constitutional convention held to debate gay marriage in Massachusetts.
During those debates, Prof. Fitzgibbon said, "Marriage is a union between a man and a woman for sharing a life together. It is unique among all human institutions. It is a source of love and a school of the virtues.”
His sentiments were echoed by a colleague, Adj. Assoc. Prof. Paul McNellis, SJ, who said: “This is not a Church-state issue. It's a matter of the public common good, to which Christians are obligated to contribute according to their talents and abilities. If marriage is going to be radically redefined for six million residents of Massachusetts, then let's let the citizens of the Commonwealth decide, not four unelected judges.”
Prof. Fitzgibbon says he became involved in the Maine marriage debate because of serious legal concerns he has about the impact of the redefinition of the institution of marriage, concerns which he shares with law professors from four universities who sent a letter to Maine Gov. John Baldacci on May 1.
In this letter, the professors warned the governor that signing the bill without adding "robust" religious freedom protections "will lead to damaging, widespread, and unnecessary conflict between same-sex marriage and religious liberty." Such language was not added to the final bill which was passed by the Maine legislature on May 6.
The letter goes on to cite a New Jersey case in which the state removed the tax-exempt status from a United Methodist oceanfront retreat center pavilion because retreat center officials refused to rent it to a lesbian couple.
Even though Dean Garvey appeared to welcome the “free expression” concerning Prof. Fitzgibbons participation in the ad, he did join a group of 76 individual faculty and administrators at Boston College Law School in issuing a statement reaffirming their belief in the equality of all students.
“We are proud of the fact that Boston College Law School was one of the first law schools in the country to include sexual orientation in its non-discrimination pledge,” the statement reads, ”and we reaffirm our commitment to making our institution a welcome and safe place for all students, including LGBT students.”
Susan Brinkmann can be reached at fiat723@aol.com
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