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.

Friday, January 19, 2007

"A Middle Ground for Stem Cells"

By YUVAL LEVIN

Published: January 19, 2007, Op-Ed, New York Times

WITH each new round of argument, the ethical questions at the heart of the embryonic stem cell debate get buried under more layers of hype and confusion.

Backers of a House bill, approved last week, that would loosen the limits on federal support for the research argue that there is now a “ban” on financing, that embryonic stem cells will cure tens of millions and that current federal policy sets American scientists behind their foreign counterparts. But the Bush administration has spent more than $100 million on embryonic stem cell research in the past six years; the research, while promising, remains purely speculative; and American scientists hold a huge and steady lead that no other country comes close to challenging.

Defenders of the president’s policy, meanwhile, too often get caught up in comparing adult and embryonic stem cell research. This leads them to deny the utility of embryonic cells, which scientists clearly do find useful, rather than articulating the moral justification for a policy that avoids the destruction of developing life.

All of this leaves us confused over just what the debate is about. It is, to begin with, not about stem cell research, any more than an argument about the lethal extraction of livers from Chinese political prisoners would be a debate about organ transplantation. There are ethical and unethical ways to transplant organs, and there are ethical and unethical ways to conduct stem cell research. The question is to which category a particular technique — the destruction of living embryos for their cells — belongs.

The debate is also not about whether there ought to be ethical limits on science. Everyone agrees there should be strict limits when research involves human subjects. The question is whether embryos destroyed for their cells are such human subjects.

But that does not mean the stem cell debate is about when human life begins. It is a simple and uncontroversial biological fact that a human life begins when an embryo is created. That embryo is human, and it is alive; its human life will last until its death, whether that comes days after conception or many decades later surrounded by children and grandchildren.

But the biological fact that a human life begins at conception does not by itself settle the ethical debate. The human embryo is a human organism, but is this being — microscopically small, with no self-awareness and little resemblance to us — a person, with a right to life?

Many advocates of federal financing for embryo-destructive research begin from a negative answer to that question. They argue that the human embryo is just too small, too unlike us in appearance, or too lacking in consciousness or sensitivity to pain or other critical mental capacity to be granted a place in the human family. But surely America has learned the hard way not to assign human worth by appearances. And surely we would not deny those who have lost some mental faculties the right to be regarded with respect and protected from harm. Why should we deny it to those whose faculties are still developing?

At its heart, then, when the biology and politics have been stipulated away, the stem cell debate is not about when human life begins but about whether every human life is equal. The circumstances of the embryo outside the body of a mother put that question in perhaps the most exaggerated form imaginable, but they do not change the question.

America’s birth charter, the Declaration of Independence, asserts a positive answer to the question, and in lieu of an argument offers another assertion: that our equality is self-evident. But it is not. Indeed, the evidence of nature sometimes makes it very hard to believe that all human beings are equal. It takes a profound moral case to defend the proposition that the youngest and the oldest, the weakest and the strongest, all of us, simply by virtue of our common humanity, are in some basic and inalienable way equals.

Our faith in that essential liberal proposition is under attack by our own humanitarian impulses in the stem cell debate, and it will be under further attack as biotechnology progresses. But the stem cell debate, our first real test, should also be the easiest. We do not, at least in this instance, face a choice between science and the liberal society. We face the challenge of championing both.

President Bush’s stem cell policy seeks to meet that challenge. It encourages scientists to pursue the cells they seek without destroying life. Scientific advances in the past two years have suggested that this can be done: that “pluripotent” cells could be developed without harming human embryos; that stem cell science and ethics can be reconciled. But some members of Congress nonetheless insist on a policy that sets the two at odds.

If we cannot pass this first and simplest test of our devotion to human equality and dignity in the age of biotechnology, we will have little chance of meeting the far more difficult challenges to come. Biomedical science can offer us tremendous benefits, but only if we make sure they do not come at the cost of our highest ideals.

Yuval Levin, a fellow at the Ethics and Public Policy Center, is a former executive director of the President’s Council on Bioethics.

Catholics in America

An interesting homily by Archbishop Gomez (San Antonio) about being Catholic in America.  Here is a taste:

long before the United States of America was even an idea, this land was Catholic. Holy Mass was celebrated here, at that time in Latin; The Word of God, was preached in the Spanish language, and both then are part of our country’s mother tongue.

Every American today, in some way traces his or her roots to the great Hispanic-Catholic missions of the 16th and 17th centuries. We feel this deeply here in the Southwest. In other parts of our country, Americans proudly trace their roots more deeply to the early Catholic missions of immigrants from other foreign lands, France, Poland, Germany, Ireland and Italy.

But we are all of us Americans, and most of us are children of immigrants. And all of us are heirs to the legacy of the Gospel believed and preached here by our country’s first settlers.

I fear today that we’re in danger of trying to deliberately, erase our memory of this history. It’s almost as if we are that unfaithful servant in the Gospel—who out of fear buries the gifts that God has given him.

I feel that sometimes in the same way that some people would have us forget our country’s Hispanic heritage, there are powerful forces at work that want us to forget our Catholic and Christian roots, too. You know this in your work. The reason we’re always fighting over Church-state and religious freedom issues in our courts and legislatures is that there are strong pressures to suppress and privatize religion.

Thanks to Amy Welborn.

Gracious!

Jonathan Liu reviews here Chris Hedges' new book, "American Fascists:  The Christian Right and the War on America."  Here is a bit:

Mr. Hedges gives the lie to the idea that religious moderates can fight back by simply providing an inclusive alternative to the literalists. He calls on them to denounce the very legitimacy of texts like Leviticus and especially the Book of Revelation, which anticipates a “dark conclusion to life … whether it is tucked into the back pew rack of a liberal Unitarian church in Boston or a megachurch in Florida.” Does Mr. Hedges believe that Revelation should be deleted from the New Testament altogether? If so, he has enough sense not to say so outright. Still, the criticism of “mainstream Protestant and Catholic churches, declining in numbers and influence,” anchors a book whose most pointed critiques are reserved not for the power-hungry preachers and Congressmen so much as the guardians—political, cultural and intellectual, as well as religious—of a civil society complicit in its own ongoing decimation.

“Most liberals,” Mr. Hedges warns, “will stand complacently to be sheared like sheep, attempting to open dialogues and reaching out to those who spit venom in their faces.” They succumb to “the pleasant fiction that [Christian] radicals are fundamentally decent, that they do not mean what they say …. Such passivity only accelerates the probability of evil.”

More of this, please

From Professor Friedman:

Congress Imposes Sanctions On Belarus For Denying Religious Freedom

President Bush, last Friday, signed H.R. 5948, the Belarus Democracy Reauthorization Act of 2006. Part of the new law imposes various sanctions on Belarus until it makes significant progress in meeting a long list of desired democratic reforms. Among the conditions imposed are the release of individuals in Belarus who have been jailed based on their religious beliefs and the cessation of all forms of harassment and repression against religious organizations. The initial Findings in H.R. 5948, conclude in part: "The Lukashenka regime has increasingly subjected leaders and members of minority and unregistered religious communities to harassment, including the imposition of heavy fines, denying permission to meet for religious services, prosecutions, and jail terms for activities in the practice of their faith."

Mennonite Perspective on Immigration Reform

My colleague, Virgil Wiebe, the Director of Clinical Education here at UST Law, has published a great article in the Mennonite publication Christian Leader about how "the Gospel's call to dual citizenship and the practice of hospitality" should inform the debate about immigration reform.  He begins with the powerful reminder that "Our ultimate citizenship lies in the kingdom of God; we are all aliens and strangers in this land."

Lisa

The Brilliant Rick Garnett

And when I finally made it to the end of the February edition of First Things, there, in the Neuhaus Public Square column, I came across a description of the "brilliant article by Richard W. Garnett, professor of law at Notre Dame, in The Georgetown Law Review (August 2006)."  (Religion, Division and the First Amendment)  Of course, we all knew that already, but it's nice to hear again, isn't it?

Lisa

Max Lewis, "My Lovely Son"

Rick recently posted excerpts from a Washington op-ed by Patricia Bauer on the new prenatal testing recommendations.  Bauer asks why so many people would want to hunt out & abort babies with Down Syndrome:

Among the reasons, I believe, is a fundamental societal misperception that the lives of people with intellectual disabilities have no value -- that less able somehow equates to less worthy. Like the woman in the park, we're assigning one trait more importance than all the others and making critical decisions based on that judgment. . . . .Much of what people think they know about intellectual disabilities is inaccurate and remains rooted in stigma and opinions that were formed when institutionalization was routine.

Here's an absolutely lovely story by the mother of Max Lewis, the young actor with Down Syndrome who appears in the Golden Globe nominated movie "Notes on a Scandal" with Cate Blanchett and Judi Dench.  It's chock-full of obvious and not-so-obvious illustrations of the value of the life of one person with intellectual disabilities.

Lisa

Thursday, January 18, 2007

"The Family and Human Procreation"

On June 6, 2006, the Pontifical Council for the Family announced the publication of "The Family and Human Procreation." (The document is dated May 13, 2006.) I have had a lot of trouble locating the document and recently ran across an English translation here, on the Women for Faith & Family website. The document reflects on the current threats to the family and attempts to "shed light on the anthropological foundations of family life as a place or environment for procreation and will thereby help the many people today who desire to lead a rich and fruitful family life and contribute to the social regeneration of the family in contexts where such regeneration is necessary."

The document is quite wide-ranging. I was particularly struck by its efforts to explore how the family helps to promote solidarity and to avoid the excessive individualism of much of Western culture.

Richard M.

It's never too early . . .

By the time my daughter begins sixth grade in five years, the first-day-of-school checklist may have taken a disturbing twist.  Gym shoes?  Check.  Backpack?  Check. STD vaccination? 

Time magazine reports:

The U.S. Centers for Disease Control (CDC) recently advised parents to have their middle-school-aged daughters vaccinated against a common sexually transmitted disease closely linked to cervical cancer. But legislators in 10 states are seeking to go one step further and require vaccinations against the human papillomavirus (HPV) for all girls entering middle school.

I guess I understand the public health rationale, but doesn't even a vaccination law have a pedagogical dimension that needs to be considered?

UPDATE: Denise Hunnell, a Catholic mom and physician, alerts me that she previously addressed this issue here.

Wow!

New, "four-dimensional" pictures of unborn children in the womb: