Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Monday, February 6, 2006

A Different Perspective on "The Vagina Monologues" ... This One by the Jesuit President of a Jesuit University

[The following item was brought to my attention today, after Rick kindly responded (here) to my inquiry (here).]

Letter from the president of Loyola University, New Orleans- Kevin Wildes, S.J.

Dear Members of the Loyola University community, I have had questions from a number of people about the production of “The Vagina Monologues” on the Loyola University campus so I thought that I should write to you about it. While there are some legitimate questions, there are also a lot of misinformation and misunderstanding of the Monologues, so I thought it is important for me to speak to the production at Loyola University. Any university ought to be a place of learning and discussion. I have said before that universities provide protected space in our society for the exploration of diverse ideas. It follows that universities will often be places where very different and sometimes contentious ideas are exchanged passionately yet peacefully.

While academic debate may be intense, it ought to be done in a way that women and men can express different views. Loyola University, like any university, is committed to the free expression of ideas and the rigors of debate. Loyola University, as a Jesuit university, is rooted in a tradition of Christian humanism that seeks to understand the human experience. To understand that experience - and to improve it in the long term - we must first listen to it. For too many centuries "human experience" has been seen through the eyes of a few individuals and small groups of people. Today, we are more conscious of the diverse views of human experience that are present in different races, cultures, ethnic groups, and religions. We are conscious of the voices that have not been heard in the past. Among these voices are the important, and for too long overlooked, voices of women. When it was developed a number of years ago, “The Vagina Monologues” was done as a vehicle to empower women to speak of their experiences as women. The play raises very important issues particularly about sexual violence toward women. The play often makes people uncomfortable. Some of the discomfort may come from the language of the play. And some of the discussions are important to raise issues of violence against women and the exploitation of women in society. There are people who say that the play has no place on a Catholic campus. But this position misses the reality that the play has provoked a good deal of conversation among women and has helped them to name the dehumanizing attitude and behaviors which reduce them to sexual objects. To exclude the play from a Catholic campus is to say, either that these women are wrong, or that their experience has nothing important to say to us. I would argue that these are voices that a Catholic university must listen to if we are to understand human experience and if we are to be faithful to the One who welcomed all men and women. The play affords an opportunity for everyone to think critically about the social issues involved in the treatment of women. I do not think the play alone is the complete answer to these questions. A single play cannot do or say everything. That is why Loyola has been involved in programs to educate people, on our campus and beyond, about the issues of sexual violence. In the Loyola community we have professional services to help women address these issues when they have been victimized. We have an excellent resource in the Women's Center. And, of course, we have a long history of participating in programs like "Take Back the Night." Our Women's Center and the Office of Counseling and Career Services, along with Xavier University and Dillard University, received a grant from the Violence Against Women Program of the United States Department of Justice. The production of the play at Loyola does not mean that we endorse all of the contents of the play. It does mean that as a university we are grappling with very difficult issues. And it means that we are living in our Jesuit heritage by discussing and arguing about aspects of the human experience. These are difficult and tragic aspects of human experience. But, they are dimensions that ought not to be ignored if we are to build a better world.

The Society of Jesus points out the need to be attentive to the experience of women, to achieve solidarity with them, and to work to correct injustices toward women. As a Catholic university we follow a Lord who welcomed all men and women, and it is important for us, in honoring our calling as a university within his Church, to listen to them.
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Was Bonhoeffer Wrong?

As a followup to an earlier post:

Sightings  2/6/06

Bonhoeffer Now
-- Martin E. Marty

"Bonhoeffer Was Wrong," screams a headline in the National Catholic Reporter, atop an article by Raymond A. Schroth, S.J. (January 27).  For balance, then, should we also read "Schroth Is Right"?  Dietrich Bonhoeffer, executed by Hitler and company one month before Germany surrendered, is the subject of a PBS documentary tonight.  Watch it and think about "wrong" and "right."  (For the record, the film, directed by Martin Doblmeier, is getting good advance reviews and much notice -- for example, almost a full page in the weekend USA Today.)  Schroth is a humanities professor and informed writer of note on Catholic subjects.

Schroth asks, why notice Bonhoeffer now, apart from his 100th birthday anniversary this week?  Why?  Schroth: "Every day we read the news from Washington and Iraq -- both denials of and justifications for torture from the same administration," et cetera, "all without a peep from our so-called religious guides.  We ask ourselves, who will speak for Christians?  Bonhoeffer?"  Schroth quotes Protestant theologian Stanley Hauerwas, who sides with Bonhoeffer, both of them believing that "the character of a society and state is to be judged by the willingness to have the Gospel preached truthfully and freely."  Also, in the Jesuit America, David L. Martinson used Bonhoeffer's theory of truth to "criticize journalists who fail to report 'what is really going on' in Iraq" (January 2-9).  Again, et cetera.

Schroth sees parallels between then and now: in the film "we can't help noticing that the Gestapo taps citizens' phone lines, tortures its prisoners, and slaps suspects into jail without lawyers or trials for years."  Doblmeier produced this film before those practices reached front pages here, and so may have intended his work to deal with timeless issues.  But Schroth's judgment is that Bonhoeffer is a pastor for our time "in courage, yes," but "in moral judgment, no."  Why?  Because the Sermon on the Mount leaves no wiggle room for political assassination, and Bonhoeffer, a pacifist, was killed for having been a part of the almost-successful plot to kill Hitler in 1944.  Jesus and Immanuel Kant both forbid such plotting and killing.  A bit casuistically, I thought -- but what do I know? -- Schroth says that such radical action may be all right "in civil disobedience," when "one protests an unjust law and takes public responsibility"; but "beware" of going "above, outside or around the law."

Was Bonhoeffer wrong?  Is Schroth right?  Had the plot been successful, had Hitler been killed and Nazi leadership thrown into chaos, there might well have been moves toward a German surrender.  Many millions of Jews and others would have lived.  But if one takes the Sermon on the Mount as Jesus' teaching and follows it literally -- which few do; I don't, or I'd be a pacifist, too -- one can't kill, as Bonhoeffer's group hoped to kill Hitler.  And Bonhoeffer had four centuries of Lutheran theological gene-pooling behind him, with its accent on Paul in Romans 13, where "whoever resists [the 'higher powers'] shall receive damnation," so he had to be a traitor and take a theological risk.  (Does anyone notice that, at the decisive moment, Luther resisted authority -- his 'Caesar' -- with a "here I stand?")

I am glad Bonhoeffer left the witness he did.  But at a recent forum on the film, while I called the theologian a martyr, I had to call him a "guilty martyr" -- and thanked God for him, at his 100th birthday.  "Is Marty Wrong?"  Perhaps.

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Sightings comes from the Martin Marty Center at the University of Chicago Divinity School.
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Sunday, February 5, 2006

The Monologues: Response to Michael

In response to Michael's question about the debate at Notre Dame about sponsoring a production of the "Vagina Monologues", here is a link to the address that Fr. Jenkins delivered to faculty a few days ago, outlining some of his concerns and questions.  Here is an excerpt, which might be relevant:

The Vagina Monologues has been performed on campus for four consecutive years. The work is presented as interviews with, which become monologues by, women about their vaginas. As the work presents them, such monologues take place in a context in which women have not spoken about their sexual organs at all, or have spoken only in euphemisms. Their thoughts about and emotions concerning them are generally negative, and often associated with traumatic, and sometimes violent memories. These monologues are explicit and graphic. Through such frank talk about their sexual organs, experiences, and desires, these women are portrayed as coming to a more positive, more accepting, and indeed a celebratory attitude toward their sexual organs, their own sexuality, and their identity as women. Through the performance of the play, the narrator hopes, a community and even a culture might be created in which such positive attitudes are fostered. Central to the goal of fostering such a culture is the organized resistance to all forms of violence against women. The V-Day efforts each year - the day on which the Vagina Monologues is performed on campus - is a movement for the elimination of violence against women.

There are many laudable goals associated with the performance of this work. Among them are that women have a positive, accepting attitude of their own bodies, that they see their sexuality as a gift that is to be cherished, that they take pride in their identity as women, and that they form communities which will support such attitudes. The most urgent and laudable goal of all is the elimination of violence against women, which I personally and this university as a whole unequivocally support.

The concern that I and many others have is that in the Vagina Monologues discussion of female sexuality, and in the community and culture it strives to create, there is no hint of central elements of Catholic sexual morality. The work contains graphic descriptions of homosexual, extra-marital heterosexual, and auto-erotic experiences. There is even a depiction of the seduction of a sixteen year-old girl by an adult woman. The experiences are often portrayed as leading the characters to the sort of positive embrace of the woman's body, sexuality, and self that the narrator wants to encourage. Yet these portrayals stand apart from, and indeed in opposition to, the view that human sexuality finds its proper expression in the committed relationship of marriage between a man and a woman that is open to the gift of procreation. Moreover, the repeated performance of the play and the publicity surrounding it suggest that the university endorses certain themes in the play, or at least finds them compatible with its values. Despite the many laudable goals of those who support this performance, I find problematic that the university continues to sponsor annual performances of this play.

A question about "The Vagina Monologues" and Notre Dame

I lead a pretty insular life (as befits one raised in Kentucky, less than an hour's drive from the Abbey of Our Lady of Gethsemane).  Would someone please tell me what it is about "The Vagina Monologues" (I know nothing about them) that is problematic from the perspective of the leadership of the University of Notre Dame?  Rick?  Someone?  Anyone?  Thanks in advance.  --Michael

Cartoons and killing

I'm with Rick (and Volokh) in questioning "the Vatican's" recent commendation of censorship.  An insightful friend also wonders what we are to make of the unsigned Vatican statement's assertion that "violent actions of protest are equally deplorable."  We are familiar with the nature of the "violent actions" that are referred to.  Are these and satirical cartoons in fact equal with respect to their (dis)value?

Stirrings in South Bend?

January 24. 2006 6:59AM, South Bend Tribune

ND opens dialogue on events suited to Catholic campus

Jenkins weighs whether Queer Film fest, 'Monologues' are appropriate.

MARGARET FOSMOE
Tribune Staff Writer

SOUTH BEND -- The University of Notre Dame's president is considering whether "The Vagina Monologues," the Queer Film Festival and similar events should be allowed on campus.

The Rev. John I. Jenkins, who became president last July, on Monday launched a discussion designed to determine whether he will establish boundaries regarding events that some people consider to be at odds with Notre Dame's Catholic character.

In an address to faculty, Jenkins said he is exploring whether he needs to establish boundaries on what is permissible.

"While any restriction on expression must be reluctant and restrained, I believe that, in some situations, given the distinctive character and aspirations of Notre Dame, it may be necessary to establish certain boundaries, while defending the appropriate exercise of academic freedom," Jenkins said.

Jenkins, who will present a similar speech today to students, is seeking input from students, faculty and alumni.

In his address, Jenkins drew a distinction between the academic freedom granted individual professors or students and that accorded group sponsorship of events, such as academic departments that sponsor artistic events.

"My concern is not with censorship, but with sponsorship," Jenkins said. Sponsorship of events by university departments may suggest to the larger community acceptance by the university, he said.

For example, if Notre Dame sponsored an anti-Semitic play, it would appear that the university endorses or at least acquiesces to anti-Semitism, he said.

"The Vagina Monologues" has been performed on campus for four years. The play will be performed on campus again this year, but in a classroom setting, Jenkins said. "There will not be fundraising activities as occurred in previous years, through the selling of tickets and an auction," he said.

"The Vagina Monologues" is a theatrical production that deals frankly with women's views on their bodies and sexuality. In past years, the money raised at the campus production was donated to the YWCA of St. Joseph County and S-O-S of Madison Center.

Jenkins said the organizers have laudable goals, such as encouraging discussion of the gift of sexuality and raising money for community groups.

The president vowed to work with students to advance ways to eliminate violence against women. "I have difficulty seeing, however, how the annual performance of 'The Vagina Monologues' is the appropriate means to these ends," he said.

Last year, playwright and "Vagina Monologues" creator Eve Ensler visited and spoke on campus. Her visit drew protests by conservative students and groups. Bishop John M. D'Arcy of the Catholic Diocese of Fort Wayne-South Bend publicly criticized Notre Dame for permitting the Queer Film Festival and "The Vagina Monologues" on campus.

The film festival was founded in 2004. Showing films and hosting panel discussions of gay-related themes, the festival -- renamed the Gay & Lesbian Film Festival -- is scheduled for Feb. 9-12 this year. Among films to be shown are "Brokeback Mountain" and "Gay Republicans."

Jenkins may have struck an academic nerve with faculty.

In a question-and-answer session afterward, there were references to McCarthyism and other historical efforts to stifle free speech.

Margot O'Brien, an instructor in the accountancy department, praised Jenkins for his action. "The Vagina Monologues" treats women as sexual objects and degrades them, she said. It's not a matter of academic freedom, she said. "It's a matter of treating something that is evil as good, and that's just wrong," she said.

Other faculty questioned Jenkins' approach.

"One thing we are forgetting about 'The Vagina Monologues' is that it's a piece that was chosen by the students," said Emily Phillips, a film, television and theater professor. Taking it away takes away the voice of the students, she said.

"It's a very viable, very powerful and very effective play that speaks directly to what happens to women," she said.

Jean Porter, a theology professor, questioned Jenkins' distinction between academic freedom for individual professors vs. departmental sponsorship of events. "Much of our scholarship and academic life is carried out collectively," she said.

English professor Margaret Doody noted that Shakespeare's "The Merchant of Venice," will be performed on campus in February by Actors from the London Stage. The character of Shylock traditionally has been considered an anti-Semitic stereotype, she noted.

"The Merchant of Venice" is a play that was greatly admired by Adolf Hitler and which many Jews find deeply anti-Semitic, said Peter Holland, a professor of Shakespeare studies and chair of the film, television and theater department. But he doesn't think the play should be canceled.

"The university is a place for intellectual discussion," Holland said. "That's why works we disagree with should be performed, read and discussed."

Vatican: "No right to offend"

According to this story, "the Vatican" (I'm never quite sure who that means) has responded to the violent reaction in some quarters of Islam to the Danish anti-Muslim cartoons with this:

The Vatican deplored the violence, but said: "The right to freedom of thought and expression . . . cannot entail the right to offend the religious sentiment of believers."

In response, Eugene Volokh, who has a long post up, called "The Catholic Church and Free Expression," writes:

The Church (I'm not speaking of individual Catholics, just the church hierarchy, or at least its authoritative voices), still seems not to have accepted free expression about religion, or for that matter religious freedom.

He quotes the following from a Reuters story:

The Vatican on Saturday condemned the publication of cartoons lampooning the Prophet Mohammad which have outraged the Muslim world, saying freedom of speech did not mean freedom to offend a person's religion.

"The freedom of thought and expression, confirmed in the Declaration of Human Rights, can not include the right to offend religious feelings of the faithful. That principle obviously applies to any religion," the Vatican said.

"Any form of excessive criticism or derision of others denotes a lack of human sensitivity and can in some cases constitute an unacceptable provocation," it said in a statement issued in response to media demands for the Church's opinion.

Then, Volokh continues:

This is not just an admonition about what's right, decent, productive, or in good taste -- rather, it's a claim that the law ought to have a relatively free hand in restricting speech that "offend[s] religious feelings of the faithful," which apparently includes some unstated amount of "excessive criticism or derision of others" that "denotes a lack of human sensitivity." May we still publish the works of Martin Luther? How about of Christopher Hitchens? The Last Temptation of Christ? . . .

This is not a marginal issue; it is at the core of the rights of free speech and religious freedom.  Under the position the Vatican sets forth, large zones of religious debate, political debate, and art would be outlawed. . . .

I really hope this "Vatican" quote is inaccurate, or taken out of context, or an outlier.  Surely it cannot be the case that the Pope means to instruct Catholics that we should support using law to censor things that "offend" our "religious sentiment" -- or the "religious sentiment[s]" of those who are, or certainly appear to be, very easily offended?  (Obviously, as Volokh points out, to say that offensive speech should not be censored is not to say that it should not be criticized.)

UPDATE:  Jody Bottum, at the First Things blog, has this to say about the reaction of the "Vatican":

Despite the murder of a Catholic priest in Turkey, apparently because of these cartoons, the Vatican issued a statement in which obtuseness seemed caught in a death struggle with inanity—and for much the same reason: It’s not nice to tease our backward brothers, or hold them to the same standards we might hold Danish newspaper editors.

Followup to my "Request for help ..."

In response to my request for help (here), I received several  helpful responses (for which I and my student are very grateful).  If anyone out there is interested in having the bibliographic information I've received--about the Doctrine of Double Effect, especially in connection with abortion, and/or about Church statements on abortion--just give a holler:  [email protected]
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Ritual circumcision and religious freedom

Jeff Rosen's piece, "Is Ritual Circumcision Religious Expression?", is worth checking out.  He discusses "a male-circumcision ritual practiced by some Hasidic Jews in New York. The ritual is called oral suction, or metzitzah b'peh. After removing the foreskin, the mohel, who conducts the circumcision, cleans the wound by sucking blood from it."  After noting the conflicts that so often arise in the accommodation-of-religion arena, but also the tendency in some other countries to insist on the imposition of "inflexible" public (secular) norms, he writes:

Ultimately, the American compromise depends on a delicate series of judgments about when, precisely, private religious expression imposes harms on unconsenting and innocent third parties. Courts have held that Jehovah's Witnesses may not deprive their children of blood transfusions. But should the city of Newark be able to prohibit all police officers — including practicing Muslims — from wearing beards in order to foster a uniform appearance on the job? In a 1999 ruling, Judge Samuel A. Alito Jr. sided with the Muslim officers. Since Newark allowed police officers not to shave for medical reasons (typically if they had a skin condition), Alito said that it was discriminatory not to make an exception for those whose religion required them to wear beards. Alito stressed, however, that states can refuse to accommodate religious minorities in the interest of promoting public health, as long as they treat religious and secular citizens equally.

This Solomonic ruling makes sense, as far as it goes, but it doesn't tell us how deferential Alito will be to religious practices in other cases. The most prominent American conservative scholar of religious liberty, Judge Michael McConnell, agrees that noncoercive religious expressions, like yarmulkes worn by Jewish soldiers, should be accommodated. But he emphasizes that public prayer in schools, which coerces nonbelievers to pray, should be banned. By contrast, Justice Antonin Scalia, who generally opposes religious accommodations, supports prayer in schools because he says that the state needn't be neutral between religion and secularism. Let's hope that Justice Alito, whatever his views on Orthodox circumcision rituals, doesn't go that far. The beards of Muslim police officers should indeed be protected, but not as a cautious first step toward the goal of creating an openly religious state.

I really like Rosen's work, and agree with much of what he says in this piece.  That said, I'm not sure it is right to say that Justice Scalia "generally opposes religious accommodations."  True, he does not believe that they are often required by the Constitution, but he has also and often made it clear that accommodations of religious are both permissible and sound.

BONO IS MORE THAN A ROCK STAR!

As a followup to Rob's post below, read this:

Bono Unplugged
February 3, 2006    Episode no. 923
http://www.pbs.org/wnet/religionandethics/week923/exclusive.html

by Kim Lawton

After Irish rock star Bono's address to the National Prayer Breakfast on Thursday (Feb. 2), I was one of eight journalists invited to sit down with him for a private "on the record" conversation. All cameras and recording devices were prohibited, for reasons that were never made entirely clear. This makes reporting on the conversation particularly challenging for a television reporter.

We sat in a circle while Bono drank coffee and snacked on a makeshift breakfast that he hadn't had a chance to eat at the prayer breakfast head table. He was wearing his trademark rosy-tinted wraparound sunglasses, a half-buttoned black shirt, and purple socks.

The singer was still bemused about being selected as the keynote speaker for the annual gathering of nearly 4,000 politicians, foreign dignitaries, and religious leaders. After all, the breakfast is organized by an evangelical foundation, and Bono is the man who was chastised by the FCC for uttering the F-word during the nationally televised Golden Globe Awards in 2003.

He joked about the incongruities during his speech, suggesting that he must have been invited because of his "messianic complex" -- a digging reference to media headlines about his efforts to "save the world."

But it was his campaign against global poverty and AIDS that brought him to the event, along with the fact that he has made this effort a deeply personal moral and spiritual crusade.

Bono says he sees faith-based groups as "a vital component" to his work. "The church is a much bigger crowd even than the stadiums we play in as U2," he told us. And he's been energized by the religious response, particularly from evangelical churches that he says were initially "slow" to jump on board.

"There's something going on," he said with visible enthusiasm, calling it a movement "with heat." He added, "The church is leading, and it's amazing."

Bono's message to the prayer breakfast was a plea for more aid to fight famine, poverty, and disease, particularly in Africa. He urged support for the One Campaign, whose goal is to see the U.S. allocate an additional one percent of the federal budget to the world's poor.

Bono called it a "tithe," and he couched his call in religious terms that he spoke with an obvious passion. In his speech, and in our meeting afterward, he impressively quoted large passages of Scripture off the top of his head. Throughout our conversation, he spoke about God's concern for the poor and biblical calls for justice. He came across as intelligent and informed, easily reeling off statistics and the details of arcane international trade policy. Earnest, not posturing.

But I was most fascinated by new glimpses of Bono's own spiritual journey. He admitted to us that this week's speech was his most explicitly religious public expression. "I try to keep it to my private life," he said, joking that he would probably reap a "loss of album sales" from his more secular fans.

In his speech, he described growing up in Ireland with a Protestant father and a Catholic mother. Organized religion, he said, too often got "in the way of God." He referred to himself as a "believer," and "an Irish half-Catholic."

In our later meeting, he said in the last 10 years he's really engaged with Scripture. He told us he reads THE MESSAGE, a translation of the Bible popular with evangelicals that was compiled by an American mainline pastor, Eugene Peterson, whom Bono called "a gifted scholar and poet." Bono said lately he's been struck by Isaiah 58, and particularly verse 8, which in several translations says if you help the poor, the Lord will be "your rearguard." Bono told us, "God will watch your back. I love the street aspect of that." Then he quietly added, "And it's really been true in my own life."

He acknowledged his sometimes rocky relationship with conservative Christians, who have been wary of some of his rock star antics, his liberal use of obscenities, and his tolerance of gays. Although many of his lyrics have been laced with Christian imagery and symbolism, he appears stung by some criticism that it's not "Christian" enough.

"I'm asked, 'Why doesn't your music proclaim Christ?'" he said. His answer: "It does." He went on, describing how he believes the Bible's assertions that "creation has its own proclamation" of God. "I'd like to think our music had the same qualities to it," he said.

Asked about his own past criticism of contemporary gospel music, Bono admitted he was referring to what he saw as "happy clappy" songs that lacked "grit." He said such music doesn't mean anything to him "without a truth telling of where you are and where you live in your life." But he was quick to add that he has recently built new friendships with several evangelical musicians who have joined his advocacy campaign.

And he was also quick to draw a distinction between contemporary gospel music and worship music, something he said he loves very much. He said some of his favorite music includes hymns by Charles Wesley, Handel's "Messiah," and Jewish liturgical chanting.

With spontaneous eloquence, he said being a worship leader must be "the highest of all art forms, to worship and call people into the presence of God."

Clearly aware of the ironies of his new faith-based campaign, Bono admitted, "If me 10 years ago would have heard me say what I said today, I wouldn't believe me."

Bono spent nearly 45 minutes with us and loosened up a lot as the conversation went on. He would have kept going, but his handlers cut the session off. He was thoughtful and candid, a performer who didn't appear to be performing. And he was enormously compelling, especially when he described the people he has met in his travels in Africa who put real "flesh and bones" on the purpose of his campaign.

All the more reason it was so frustrating not to have it all on videotape.

Kim Lawton is the managing editor of RELIGION & ETHICS NEWSWEEKLY.
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