An Open Letter to President-Elect Obama About Abortion:
From a Pro-Obama and Pro-Life Leader
Read it here.
Thursday, November 13, 2008
Read it here.
This one appears in the new issue (11/15/08) of The Tablet:
Michael Sean Winters
American
bishops have been conducting a post-mortem on the presidential election
after calls by some of them for Catholics not to support ‘pro-abortion'
Barack Obama were roundly ignored. Were the bishops right and is their
authority now diminished?
During the American presidential election, several United States bishops argued that abortion trumped all other issues and that no Catholic could, in good conscience, vote for Barack Obama.
On 20 October, Archbishop Charles Chaput of Denver, Colorado, called Obama "the most committed ‘pro-abortion' candidate" since the Supreme Court's 1973 decision, Roe v. Wade (which cleared the way for legalised abortion throughout the federal US), and said no Catholic could find reasonable grounds for supporting him. Chaput also questioned the motives of Catholics who seek abortion-reduction policies instead of seeking to overturn Roe: "I think it's an intelligent strategy. I also think it is wrong and often dishonest."
Meanwhile, in Scranton, Pennsylvania, a local October forum on the election at St John's Catholic Church was discussing the pastoral letter, "Faithful Citizenship", which the United States Conference of Catholic Bishops (USCCB) adopted at its 2007 meeting to guide Catholic voters in correctly forming their consciences on political matters. The forum was interrupted by Scranton's bishop, Joseph Martino, who thundered: "No USCCB document is relevant in this diocese. The USCCB doesn't speak for me." The bishop also took particular issue with the claim that voters could consider topics other than abortion.
That same week, retired Bishop Rene Gracida recorded a radio advertisement in which he said: "A Catholic cannot be said to have voted in this election with a good conscience if they have voted for a pro-abortion candidate. Barack Hussein Obama is a pro-abortion candidate."
Finally, the day before the election, Bishop Joseph Finn of Kansas City, Missouri, was asked in a radio interview: "There are Catholics listening right now who are thinking strongly or are convinced that they will vote for Barack Obama. What would you say to them?" The bishop replied: "I would say, give consideration to your eternal salvation." Bishop Finn, who is a member of Opus Dei, had earlier compared the 2008 election to the naval Battle of Lepanto, when a papal fleet turned back Muslim invaders in 1571.
There are many difficulties with these statements. The most obvious is that they did not persuade. Denver voted for Obama by the astounding margin of 75 per cent to 25 per cent and the state of Colorado went blue for the first time in 16 years. In Lackawanna County, Pennsylvania, Obama beat John McCain 63 per cent to 37 per cent. And in Kansas City, Missouri, 78 per cent of the electorate considered their eternal salvation and voted for Barack Obama. Nationwide, Obama won 53 per cent of the Catholic vote, a swing of 13 percentage points over John Kerry's showing in 2004.
Latino Catholics represent the demographic future of both the Church and the country and they broke for Obama in even greater numbers. In Florida, Nevada and Colorado, Latino Catholics were crucial to Obama's turning those states from red to blue, so this demographic is the future not only of the Catholic Church but of Obama's governing coalition.
The second problem with the anti-Obama statements by the bishops is their specificity. "Faithful Citizenship" stated emphatically: "In fulfilling these responsibilities [to help Catholics form their conscience], the Church's leaders are to avoid endorsing or opposing candidates or telling people how to vote. As Pope Benedict XVI stated in Deus Caritas Est, ‘The Church wishes to help form consciences in political life and to stimulate greater insight into the authentic requirements of justice ... The Church cannot and must not take upon herself the political battle to bring about the most just society possible.'"
However, the greatest problem is that these "abortion-only" bishops are living in a parallel universe. In denigrating the Democratic Party and its nominee, the only conclusion is that the Republicans were the salvific choice. The pro-life movement has been carrying water for the Grand Old Party for 35 years and there has been no change in the law. Even if Roe were overturned tomorrow, abortion would not become illegal because the issue would be kicked back to the individual states. In a study made by Dr Joe Wright, an assistant professor of political science at Penn State University and a visiting fellow at the prestigious Catholic University of Notre Dame, the 16 states that might enact some restrictions on abortion are largely rural, conservative states that only account for 10 per cent of all abortions. Is that enough to make Republicans the "pro-life party"?
Moral theologians can debate whether abortion has the greatest claim on the conscience of a Catholic voter, but debating strategies about how to combat abortion is a political discussion. Barack Obama, at the urging of pro-life Catholics, changed the Democratic Party's platform to endorse reducing the abortion rate specifically through policies that help women facing crisis pregnancies, such as the adoption of universal health insurance and better pre-natal and post-natal care.
Obama made reducing the abortion rate a goal of his administration, mentioning it in both his convention acceptance speech in August and in his third debate with John McCain in October. His approach may or may not produce the desired result, but it is wrong to impugn his sincerity and that of his supporters who have come to believe that the Republicans only pay lip service to the pro-life cause at election time.
The "abortion-only" approach also disparages the moral seriousness of many Catholics. A woman married to an undocumented immigrant might view humane immigration reform as the most important issue. A family that can't afford health insurance for their children might be concerned about that issue as well as abortion.
The economic meltdown in mid-September is commonly seen as the reason for Obama's ascendancy. Pollsters concluded that the crisis pushed "moral issues" to the side, but that is not exactly right. The economy is a moral issue. For middle-class Americans, buying a house and making the mortgage payments are moral accomplishments, involving delayed gratification and self-discipline. Greed was seen as the principal culprit in the troubles on Wall Street. President-elect Obama grasped the moral dimensions of the economic anxieties felt by so many Americans. In a speech in St Louis a fortnight before the election, he asked: "It comes down to values - in America, do we simply value wealth, or do we value the work that creates it?" His ads spoke of "the dignity of work". He invoked the need for social solidarity as a counterweight to the vagaries of the market. Obama seemed to be channelling an admixture of Franklin Delano Roosevelt and Pope Leo XIII.
But Obama's ace in the hole, especially with young voters and independents, was his promise to end the slash-and-burn partisanship that had made Washington politics so bitter, not only in George W. Bush's term, but during the Clinton years as well. Young people whose principal concern was abortion nonetheless recognised that the 20-year shouting match had manifestly failed to achieve progress on that issue. Young voters concerned about the environment or health care saw their aspirations shipwrecked on the rocks of partisanship. Voters aged 18-29 supported Obama by a margin of more than two to one.
Independent voters, by definition, do not respond to partisan appeals, so Obama's promise of a post-partisan approach to politics resonated with them. For these voters, it was precisely his ability to voice liberal policies in moral terms that were persuasive. Obama's focus on values with both a Christian as well as a liberal pedigree, such as solidarity and the dignity of work, served him especially well with these centrist, non-partisan voters and points the way forward as he re-negotiates the social contract in the wake of the economic meltdown.
Ironically, the issue that gave Obama a leg-up at the start of the race - his early and consistent opposition to the Iraq War - barely figured in the general election. Only 10 per cent of the electorate cited the war in Iraq as the most important issue in the election, compared with 63 per cent who said the economy was the most key issue for their vote.
Voters disapproved of the Iraq War by a margin of 63 per cent to 36 per cent as well. But, even here, the issue overlapped with the economy as Obama questioned why the US Government continued to spend billions in Iraq where the Baghdad Government is running a surplus, while failing to invest in important infrastructure projects at home.
The day after the election, US forces were still at war in both Iraq and Afghanistan. The stock market was still in the tank. The federal budget deficit was still at record levels. One shudders to think of the pressures that are breaking upon this relatively young politician from Illinois. But, like the last president from that state, Abraham Lincoln, Obama seems undaunted by the charge he has been given. His own unlikely story is the best evidence yet that America can overcome her challenges. Catholics, at least most of them, wedded their hopes for America to his.
Wednesday, November 12, 2008
This piece, from First Things, by Fr. John Jay Hughes, is worth thinking about. A taste:
The worst aspect of an Obama presidency, I have been telling friends for months, will be his Supreme Court appointments. They will set the so-called constitutional right to an abortion in concrete for years to come. While this remains true, Sen. Obama’s victory challenges pro-lifers in two ways.
We need first to recognize that politics is the art of the possible and that political battles can never be won by attacking our friends. During the annual march on Washington each January, some pro-lifers have had nothing better to do than to stage confrontations with pro-life members of Congress whose support they consider insufficiently militant. I received such an attack myself, during a previous presidential campaign, when a listener found the decibel count of a strong pro-life homily I preached too low. This is madness.
Second, we need to recognize that, for some years to come, abortion will be with us; we must support the kind of limitations on the practice which are in force in most other countries. To oppose such limitations on the grounds that they do not banish all abortions is also madness.
Beyond replacing political naivete with political savvy, the task before pro-life people now is to concentrate on the only task that will bring success in the fight for life: changing hearts and minds.
This is, of course, ex post advice. That is, it seems clear that Fr. Hughes was not one of those arguing, ten days ago, that "changing hearts and minds" matters and good laws and clear-thinking Justices do not. But, given the new (in his view, unfortunate) givens -- which seem to include a Congress and an Administration that will be strong proponents of abortion rights -- what to do? Interestingly, his point is not, so far as I can tell, that those who oppose abortion should settle for re-packaging various spending programs as pro-life measures. Instead, he suggests:
A good entry point for persuading people that abortion is wrong is pointing out the chilling similarities between the arguments for slavery in the 1850s and those used to defend abortion today. Like today’s pro-choice people, slaveholders said they weren’t forcing others to own slaves. They simply pleaded for the right to do what they wanted with their “property.” That word disguised, of course, the fact that human lives were at stake. The question of pro-choice people today, “Doesn’t a woman have a right to do what she wants with her body?” similarly disguises the fact that exercising these so-called rights involves taking a human life.
I wonder. I wonder if Fr. Hughes is underestimating the trickiness, in a legal context that is thoroughly committed to the fundamental-right-ed-ness of abortion, of moving the ball with this kind of "pointing out"? Is this really likely to be a "good entry point" (even if we assume, as I think I am willing to do, that there are instructive similarities)? I just don't know.
[I thought that the links in this post, lifted from dotCommonweal, would be of interest to many MOJ readers.]
I have tried to link, in several posts or comments, to several things I’ve written over the years on abortion and the law in the U.S. The links never worked. But I finally figured out how to do it, thanks to our very talented technology folk at ND. So, if you are not sick of the topic, here they are. I think these URLs all work.
http://www.nd.edu/~ndlaw/faculty/kaveny/How%20Views%20of%20Law%20Influence%20Pro-Life%20Movement.pdf
http://www.nd.edu/~ndlaw/faculty/kaveny/kaveny-thomist-abortion.pdf
http://law.nd.edu/people/faculty-and-administration/teaching-and-research-faculty/m-cathleen-kaveny
Tuesday, November 11, 2008
I've posted a short paper on SSRN that will appear soon in the University of Pennsylvania Law Review's online format PENNumbra. It's a comment on a longer piece by Nelson Tebbe (Brooklyn Law School). Here is the abstract:
Among the most important recent questions under the Religion Clauses has been whether and when government programs that support private activities, such as education or social services, may exclude religious institutions or activities that include religious content. Nelson Tebbe's article, Excluding Religion, argues that government should have "considerable latitude" to make such exclusions, even though he concedes they will discourage citizens from choosing religious options. In this response, published in PENNumbra (the University of Pennsylvania Law Review's online companion), I argue that Tebbe's justifications for excluding religion fail if the protection of citizens' religious choices against government influence is a central purpose of the Religion Clauses. I then turn to the key question whether preserving religious choice is indeed central, and I argue that it is, based on precedent, on traditions and concepts associated with the Religion Clauses, and on the fact that they are counter-majoritarian while Tebbe's position gives majorities great discretion over religious matters.
The Catholic News Agency reports:
.- President-elect Barack Obama’s transition team is preparing the first actions of his presidency, planning to lift embryonic stem cell research funding restrictions and rules which prevent international organizations that receive U.S. aid from counseling women about the availability of abortion.
The latter rules, known as the “Mexico City Policy,” were developed under the Reagan administration, revoked by the Clinton administration, and restored by President George W. Bush’s administration.
Cecile Richards, president of Planned Parenthood Federation of America said her organization had been communicating with Obama’s transition staff almost daily. “We expect to see a real change,” the Washington Post reports.
...
Readers may remember that we had initially scheduled our MOJ conversation on sexual ethics for the second week of December, to begin with a discussion of Margaret Farley's book, "Just Love." Due to some unforeseen difficulties with our schedules, we have decided to move this conversation to late spring. The conversation will happen, just a little later than planned. Thanks for your patience, we look forward to it. Michael P., Michael S. and Amy
Continuing the discussion with Sean and Susan about whether “don’t vote for Obama” necessarily translated into “vote for McCain,” I think we also have to look at the practical reality of how our two-party system operated in the 2008 election. From what I recall of my New York ballot in 2004, there was a “right to life” option that year which could have sent a signal of one’s dissatisfaction with both parties. This year, at least in New York, the “right to life” party was no where to be found. Someone please correct me if I’m wrong (and I haven’t done any homework on this topic at all), but I am assuming that this year for strategic reasons the "right to life" party was essentially absorbed into the Republican party? In any case, it was not an option on my ballot, in any of the races. I think this practical reality sharpens Susan’s concerns: if one was not inclined to vote for McCain, the only seemingly "pro-life" alternative was to not vote at all.
Regarding Sean's comment, whether it was "vote Republican" or "don't vote for Obama," it is the "or be eternally damned" part of the sentence (which is pretty close to the exact language I heard in one radio quote) which for me moves the statement out of the realm of moral guidance.
Let me be clear. I don't think there is anything wrong with a bishop saying some version of, "Here is how I weigh things out...here is how I believe the principles apply in comparing candidate x and candidate y....here is why I don't think candidate x's positions on other issues outweigh his position on an instrincis evil.." and any number of other variations. In fact, I think such statements consitute entirely appropriate moral guidance and are an important part of helping people to form their consciences.
Where Sean and I appear to differ is whether it constitutes moral guidance (as opposed to moral oppression) for a Biship to tell voters they may not come to a particular judgement without risking eternal damnation. I do not believe that is something that helps form consciences and therefore don't find it to be consistent with the spirit of the document.
It is also the case that a number of Catholic leaders did more than say "Don't vote Obama." My recolleciton now is that some of the statements sounded a lot more like Republican endorsements.