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, July 6, 2007

More bad news about pre-implantation genetic testing

More reasons to be leery of pre-implantation genetic testing, from CNN:

An older woman's slim chances of getting pregnant could be made worse if embryos are screened for defects before being implanted into the womb, doctors said Wednesday.

Pregnancy and live birth rates were substantially lower among women whose embryos were screened compared with those whose were not, according to a study presented Wednesday at a Lyon, France, meeting of the European Society of Human Reproduction and Embryology. . . .

In the study, also published Wednesday in the New England Journal of Medicine, Mastenbroek and colleagues were trying to determine the value of pre-genetic screening, a process that involves taking a single cell from a developing embryo to look for chromosomal defects that could lead to problems such as Down's syndrome. Doctors have generally thought selecting the most promising embryos will give older women a better chance of getting pregnant.

But some experts have expressed concern that fertility centers promote the genetic tests because they generate profit -- with a single test costing up to $5,000.

Thursday, July 5, 2007

More Confusion in the Lower Courts ...

... on whether local authorities can exclude privately-run worship services from public facilities that are open to other community group meetings.  This time the Second Circuit panel couldn't agree on a majority disposition, and the two judges who reached the merits divided.  The issue is certainly crying out for the SCT to clarify it, in a case ripe on its facts.  Here's my previous post on the issue.   (HT: Christianity Today blog)

Tom

Another way to help New Orleans

A reader kindly passed on to me this link, about the Fr. Harry Tompson Center in New Orleans.  It sounds like the Center does really good work with the poor and homeless in New Orleans.  Check it out.

Tuesday, July 3, 2007

Lay Ecclesial Ministry & Family Wage

An MOJ reader shared the following comments about my recent post on the feminization of the lay ecclesial ministry.  I think his arguments ought to apply equally to the "middle-aged women" running the Catholic Church who are mothers, though.

I am an alumn of Franciscan University of Steubenville, which turns out a disproportionate number of lay ecclesial ministers.  Four of my male classmates found jobs in the Church upon graduation: two youth ministers, a high school teacher, and a parochial director of music and liturgy.

None of them were employed by the church thee years later, and interestingly enough, all have entered the traditional business world or law school.  The economic and social implications both weighed heavily on their decisions.  None felt confident that he could support his family on the salary offered by the Curch.  At the same time, most reflected a significant impact of the large female employee majority in the parish office to the point where one even remarked, "The Catholic Church is run by middle-aged women."

I think the underlying problem is the tension inherent in the difference of the idea of fairness in the Church and in the American psyche.  In the Church, a fair wage is what somebody needs to adequately support his or her family.  Thus, ceterus paribus, a single man, and a married man with five children should receive different wages, since the familial supporter needs more to live.  In the American culture, on the other hand, a fair wage means the same compensation for the same work.  It doesn't matter if the person is a bachelor with an extravagent lifestyle or a father trying to send five kids to Catholic School, so long as both men perform the same task, they should be compensated identically. This is even taken to the extreme where the single man can work 60 hour weeks and not sacrifice other aspects of his life, where the married man struggles to work 40.  Obviously, the single man will become more important to the company and receive promotions which, in turn, increase his salary even more.

I'm not arguing that the American ideal of fairness is bad, but simply that there are some unintended consequences resulting from it.  It would be quite challenging for secular businesses to pay based on state in life when it is a much clearer system to pay according to benefit for the company. But regarding the Church, we would have to convince the Church secretary who has worked there for 10 years as a second income while her children are in school that she should get paid less than a person with no experience who has a family to support, so the income tends to be small, and women earning second incomes tend to remain in these types of jobs. Obviously, there are no easy solutions.  I have heard of a couple of Catholic organizations who give raises along with the birth of a child to go along with this idea of a living wage, but it would be challenging to make this more prevalent.

Defining "Torture"

We have talked often on this blog about torture, its immorality, and (the problem of) its definition.  A reader, Geoffrey Turecek, passes on this online essay, "The Catholic View on Torture," which might be of interest.   Here is the concluding paragraph:

Every human being, guilty or innocent, must be treated as someone who is made in the image and likeness of God, who loved us so much that He gave us free will. Torture is always an attempt to break down this God-given free will.  Such violence is a direct attack on an integral part of human nature. As such, it is additionally a vicious attack against the Author of our nature.  It is morally unacceptable for any Catholic to condone or approve any torture in any way, for any reason.

Earlier in the essay, he writes this:

Because God gave humans free will, it is an offense against the individual man and human nature itself to attempt to force what He has made free, for any reason, whether it be through means that are physically, psychologically, or morally violent in any degree.

I wonder, have the definitional difficulties simply been "pushed back", from "torture" to "force"?  The right answer cannot be, it seems to me, that it is immoral -- i.e., that it is "torture" -- to engage, say, in tough plea-bargaining, in which -- for example -- a prosecutor . . . incentivizes a suspect to plead guilty to a particular charge by indicating her willingness to prosecute a more serious one.  "Physically" violent means are (relatively) easy to identify; I'm not sure, though, that terms like "morally violent" move the ball all that much.  What does a prohibition on "morally violent" means mean to an interrogator?

Monday, July 2, 2007

The Catholic Evangelistic Moment ...

... in Missouri (from Christianity Today):

Church planters who receive money from the Missouri Baptist Convention (MBC) must now teach alcohol abstinence. The policy change was sparked by the Journey, a growing interdenominational church that borrowed $200,000 from the MBC to renovate a church two years ago. One of the Journey's outreach groups meets in a St. Louis microbrewery.

"Buried with Bush"

This post is to say amen, in general, to Fred Hiatt's lament today in the Washington Post:

As the Bush presidency implodes, some of its worst policies mercifully will go, too -- including, we can hope, the torture and unregulated detention of alleged enemy fighters that have so discredited the country throughout the world.

But valuable strands of policy also may end up strewn in the wreckage, victims (in varying combinations) of President Bush's ineptitude, inconstancy and unpopularity. Among these are what Bush called compassionate conservatism, now moribund; American promotion of democracy abroad, now flailing; and accountability in elementary and high school education, losing ground as it approaches a major test in Congress.

As Hiatt points out, compassionate conservatism in the sense of facilitating religious and other private organizations' work with the needy -- the faith-based and community organizations initiative -- is moribund in large part because the administration denied it any real funding from the start ("kneecapped it," as one congressional supporter put it).

As cycles of poverty and hopelessness remain a national scandal, I'd still argue that government policy should aim to mobilize and encourage the efforts of the widest range of community social-service providers, including faith-based providers.  This approach can still encompass a wide range of values and thus, I hope, still be attractive to many Americans.  If the conditions on the government's assistance are marked by a flexibility that respects the different ways that different organizations provide the services, then this approach can embody the Catholic twin principles of solidarity and subsidiarity.   At its best, the Bush initiative acknowledged that personal transformation often plays a crucial role, along with material assistance, in changing the circumstances of those in need -- an emphasis that appeals to many evangelicals.  And liberals in the vein of Sojourners' Jim Wallis likewise have recognized that giving substantial weight to private, community organizations and individual transformation can make the provision of assistance more effective and thus can bolster the case for putting more effort and resources into the whole project.

On educational accountability, Hiatt calls for fixing the problems with No Child Left Behind rather than scrapping it altogether.  He doesn't mention continuing experiments with school voucher programs, but he should (they generally run up against the reluctance of middle-class voters and the determination of the teachers' unions, but they can get enacted for cases of real educational meltdown).

I'm not holding my breath that any 2008 candidates will pick up on this whole package of themes (especially not the Democrats on vouchers, or the Republicans on significant spending).  But I still think there are opening for candidates to appeal across ideological lines, to embrace some of these themes and keep them from being buried with Bush.

Tom

Sunday, July 1, 2007

The Pope’s Letter to the Church in China… and its application beyond…

Yesterday, June 30, the Holy Father issued his Letter to the Church in China that he signed on Pentecost Sunday, May 27 of this year. While containing some careful nuance, the letter is straightforward on vital matters covering two principal issues: (1) the present situation of the Church in China and it the relevant theological issues involving the proper, respective roles of the Church and the state; and, (2) guidelines for pastoral matters in China that have been affected by the parallel existence of the “underground” Church and the “patriotic” Church. The text of the Pope’s letter is [HERE] along with the accompanying Explanatory Note [HERE].

Throughout his letter, Pope Benedict expresses the need for respectful and constructive dialogue with all concerned in the issues involving the existence of the Church in China. In particular, the Holy Father stresses the need for this type of rapport between the political organs of the People’s Republic of China and the Holy See. But he is also clear about his distinct role as Successor of Peter, which he mentions throughout his letter, and his accompanying authority as the Vicar of Christ, Successor of Peter. I believe that the Holy Father’s emphasis of these two points has far greater application than the Church in China since these remarks appear to have universal application.

Since our Mirror of Justice project addresses the development of Catholic legal theory which is often applied in the context of the pressing political, social, economic, and cultural issues of the day (especially within the United States), I would like to offer a few brief thoughts on why I think the Pope’s letter relates to our work within MOJ.

First of all, Pope Benedict relies on his encyclical Deus Caritas Est when he addresses the proper and respective roles of the state and the Church and the relationship that ensues between them. In doing so, he reiterates that it is not the role of the Church by itself to engage in political causes to bring about the “most just society possible.” Benedict acknowledges that this is the proper role of the state; however, the Church cannot remain idle as the state pursuits this objective. The Church in this regard is a teacher who must exercise her maternal and educational responsibility by unceasingly presenting rational argument and spiritual guidance essential to achieving a just society in all parts of the world. A just society, in short, is not achieved solely through political movement but with the continued and complementary assistance of intellectual understanding and caritas that will always remain the proper contributions of the Church.

In light of this initial statement, the Pope raises a second important point that bears on the work of the contributors of MOJ—indeed, on the work of all Americans. The attainment of the most just society, and surely the achievement of a more just society, cannot be expected if there remains constant conflict between the Church and civil authorities. However, while respecting this important principle about respective roles and interchange, the Church neither can remain passive to any situation where any state or official attempts to interfere in the educational and spiritual missions of the Church that pertain to achieving justice for all members of the human family. While the Church must respect that its faithful must be good citizens who are active contributors to of the political community and to the society in which the state is present, the State must respect and guarantee the freedom of the Church, who is both teaching mother and faithful members of the Body of Christ. This is the plea that Pope Paul VI made to all civil leaders when he commented on the adoption of the Declaration of Religious Freedom, Dignitatis Humanae Personae, when he stated that all the Church asks for from governments is freedom. In light of this appeal made at the Second Vatican Council and following the example of Thomas More, the faithful are to be their society’s loyal subjects and God’s first. This mandates both freedom from control by the state and freedom for Christ and His Church.

This brings me to a third important point made by Benedict having global application beyond China. The Pope speaks several times of the universal Church that is present in China. He understands that there is the existence of the local Church—be it in China, France, Italy, the United States, or elsewhere—but there is one Church of Christ which Catholics acknowledge in the Creed, the fundamental articles of faith, when they speak of the “one, holy, catholic and apostolic Church” that is the universal community of the disciples of Jesus Christ who are led by the Successor of Peter, the Roman Pontiff. And it is in his office of Peter’s successor that Benedict serves as the “perpetual and visible source and foundation” of this essential unity. So, when our fellow citizens in the United States speak of the American Church, they would be more accurate in referring to the Church in the United States that is a component of the Church universal united with and through Peter and his successors. As Benedict says in his letter to the Church in China, “It is therefore indispensable, for the unity of the Church in individual nations, that every Bishop should be in communion with the other Bishops, and that all should be in visible and concrete communion with the Pope.”

A fourth point made by Benedict has clear relevance to recent developments in the United States regarding Catholic politicians who, while stating that they remain privately faithful to the Church’s teachings, must remain unencumbered to exercise their conscience so as not to impose their faith on constituents who are not Catholic. In this context, the Holy Father reminds all in his letter to the Church in China that the Church is apostolic, and no civil authority or official can claim to be above this apostolic authority of the Church as represented in its local bishops and national Episcopal conferences in union with the Successor of Peter. When officials representing the civil authority claim this superior role dealing with matters of faith and Church teachings, they usurp apostolic authority which is not properly theirs. No government official, who also claims membership in the Church, can rely on principles of independence and autonomy, self-management and “democracy” to exercise apostolic authority which is solely that of the Church, “one, holy, catholic and apostolic…” Perhaps some Catholics are comfortable in blurring this crucial distinction; however, the Holy Father is not.

My commentary of the Holy Father’s important letter has been all too brief. I am hopeful that his correspondence will be read by most Americans, including contributors and readers of MOJ. This letter merits our conscientious, judicious, and prayerful study. And now, in anticipation of the Fourth of July, I must go off to the parish at which I am assisting this summer to celebrate the Eucharist and deliver my “Let Freedom Ring” homily on this Thirteenth Sunday of Ordinary Time.   RJA sj