Homosexuality is 'not a crime,' Pope Francis says

Pope Francis criticized laws that criminalize homosexuality as "unjust," saying God loves all his children just as they are and called on Catholic bishops who support the laws to welcome LGBTQ people into the church.

"Being homosexual isn't a crime," Francis said during an interview Tuesday with The Associated Press.

Francis acknowledged that Catholic bishops in some parts of the world support laws that criminalize homosexuality or discriminate against the LGBTQ community, and he himself referred to the issue in terms of "sin." But he attributed such attitudes to cultural backgrounds, and said bishops in particular need to undergo a process of change to recognize the dignity of everyone.

"These bishops have to have a process of conversion," he said, noting that they should apply "tenderness, please, as God has for each one of us."

Some 67 countries or jurisdictions worldwide criminalize consensual same-sex sexual activity, 11 of which can or do impose the death penalty, according to The Human Dignity Trust, which works to end such laws. Experts say even where the laws are not enforced, they contribute to harassment, stigmatization and violence against LGBTQ people.

In the U.S., more than a dozen states still have anti-sodomy laws on the books, despite a 2003 Supreme Court ruling declaring them unconstitutional.

Gay rights advocates say the antiquated laws are used to harass homosexuals, and point to new legislation, such as the "Don't say gay" law in Florida, which forbids instruction on sexual orientation and gender identity in kindergarten through third grade, as evidence of continued efforts to marginalize LGBTQ people.

Criminalizing homosexuality 'unjust'

The United Nations has repeatedly called for an end to laws criminalizing homosexuality outright, saying they violate rights to privacy and freedom from discrimination and are a breach of countries' obligations under international law to protect the human rights of all people, regardless of their sexual orientation or gender identity.

Declaring such laws "unjust," Francis said the Catholic Church can and should work to put an end to them. "It must do this. It must do this," he said.

Such laws are common in Africa and the Middle East and date from British colonial times or are inspired by Islamic law. Some Catholic bishops have strongly upheld them as consistent with Vatican teaching that considers homosexual activity "intrinsically disordered," while others have called for them to be overturned as a violation of basic human dignity.

Francis quoted the Catechism of the Catholic Church in saying gays must be welcomed and respected, and should not be marginalized or discriminated against.

"We are all children of God, and God loves us as we are and for the strength that each of us fights for our dignity," Francis said, speaking to the AP in the Vatican hotel where he lives.

In 2019, Francis had been expected to issue a statement opposing criminalization of homosexuality during a meeting with human rights groups that conducted research into the effects of such laws and so-called "conversion therapies."

In the end, the Pope did not meet with the groups, which instead met with the Vatican No. 2, who reaffirmed "the dignity of every human person and against every form of violence."

On Tuesday, Francis said there needed to be a distinction between a crime and a sin with regard to homosexuality.

"Being homosexual is not a crime," he said. "It's not a crime. Yes, but it's a sin. Fine, but first let's distinguish between a sin and a crime."

"It's also a sin to lack charity with one another," he said.

Catholic teaching holds that while gays must be treated with respect, homosexual acts are "intrinsically disordered." Francis has not changed that teaching, but he has made reaching out to the LGBTQ community a hallmark of his papacy.

Vatican declined to sign UN declaration

Starting with his famous 2013 declaration, "Who am I to judge?" when he was asked about a purportedly gay priest, Francis has gone on to minister repeatedly and publicly to the gay and trans community. As archbishop of Buenos Aires, he favoured granting legal protections to same-sex couples as an alternative to endorsing gay marriage, which Catholic doctrine forbids.

Despite such outreach, Francis was criticized by the Catholic LGBTQ community for a 2021 decree from the Vatican's doctrine office that the church cannot bless same-sex unions "because God cannot bless sin."

The Vatican in 2008 declined to sign onto a UN declaration that called for the decriminalization of homosexuality, complaining the text went beyond the original scope and also included language about "sexual orientation" and "gender identity" it found problematic. In a statement at the time, the Vatican urged countries to avoid "unjust discrimination" against gays and end penalties against them.