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.

Tuesday, November 10, 2009

A comment, and a question, from MOJ friend ...

... and Trinity College Dublin law prof Gerry Whyte:

I was intrigued by the apparent suggestion from Archbishop Burke that Ted Kennedy should have been denied a Catholic funeral. Throughout the years of the Troubles in N. Ireland, the Church never once denied a funeral to any republican paramilitary, even though republican violence was manifestly at odds with the Church's teaching. Nor was it ever suggested that, in permitting such funerals, the Church was backsliding from its persistent condemnation of republican violence.

But was Archbishop Burke objecting to the fact that Ted Kennedy received a Catholic funeral or to the fact that Cardinal O'Malley presided?

Justices Scalia and Breyer argue about originalism and Brown v. Board of Education

Interesting story, here.

How would *you* have voted in Brown, and on what basis?

Something else Robby and I can agree on (mirabile dictu)!

At least, I think we can:  namely, that John Allen's book will almost certainly be quite good! 

THE FUTURE CHURCH: HOW TEN TRENDS ARE REVOLUTIONIZING THE CATHOLIC CHURCH
By John L. Allen Jr.

Reviewed by John W. O'Malley
Perceptive, evenhanded, thought-provoking, horizon-expanding, remarkably well informed--words like these popped into my head as a read John L. Allen Jr.'s new book, The Future Church: How Ten Trends Are Revolutionizing the Catholic Church. I thought I detected in his introduction a note of apology for writing as "a journalist, not a priest, theologian or academic." His credentials, as NCR readers know, are just fine. If you had doubts, the book will dispel them. Read the review.

Looks to be of interest to many MOJ readers

Same-Sex Family Equality and Religious Freedom

Ira C. Lupu
George Washington University Law School

Robert W. Tuttle
George Washington University Law School


Northwestern Journal of Law and Social Policy, Forthcoming
GWU Legal Studies Research Paper No. 478
GWU Law School Public Law Research Paper No. 478


Abstract:     
In the spring of 2009, the legislatures of Connecticut, Maine, New Hampshire, and Vermont became the first in the U.S. to enact laws recognizing the legality of same-sex civil marriage. The legislation in all four states included provisions designed to protect the freedom of clergy and religious communities that do not want to recognize same-sex marriage. The legislation in several of the states also included provisions designed to insulate religious organizations from obligations that might arise from the legalization of same-sex marriage – for example, with respect to adoption or the provision of housing to married couples. Despite academic and political prodding, however, none of the states included provisions designed to exempt public employees, or private vendors in the wedding industry, from pre-existing legal obligations to serve without regard to the same-sex character of a marriage or family.

This paper develops a typology of conflict between same-sex marriage and religious freedom, and builds on that typology to analyze the issues raised by this new legislation. In particular, the paper defends constitutionally distinctive freedoms for clergy and houses of worship with respect to the celebration of marriages; analyzes and critiques proposals that would allow public employees and private vendors to assert conscientious objections to serving same-sex couples; and assesses the circumstances in which religious entities, including religious charities and educational institutions, should be obligated to serve same-sex families on equal terms.

[Downloadable here.]

Quick Thanks to Rick and Michael

Hello All,

Many thanks to Rick and Michael for their thoughts on the Pakistan post.  I'll respond to these helpful thoughts in full a bit later today.  For the moment, let me do three quick things: 

First, to reassure Rick and all other MOJ readers that I do not wish to analogize social conservatives to acid-throwers and so forth.  My concern, rather, is with paranoid radicals: the folk who continue to propagate birth certificate, Obama-is-a-vampire, his-wife-is-a-shemale, etc. etc. nonsense with abandon; who seek simply to stop their opponents even from speaking, rather than to refute them; and who seriously  threaten, I think, to oust sane Burkean conservatives (whom they lumb together with more "liberal" Republicans as "RINO"s) from a once venerable political party.  But more on this soon.

Second, to crow about having posted my remarks two days before Krugman's column!

And third, to commend to you, with expressions of humility, this recent piece on the health care reform debate -- http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1484768 -- which is soon to come out in the economic policy journal Challenge.

Thanks again and more soon,

Bob

The IRS must stop the Bishops from being political!

I expect to hear crazy calls for the IRS to investigate the U.S. Conference of Catholic Bishops for making their views known regarding the Stupak amendment.  I don't really expect to hear them from sitting members of Congress.  Representative Lynn Woolsey, displaying both political intolerance and ignorance of the law, laments:

When I visit churches in my district, we are very careful to keep everything “non-political” to protect their tax-exempt status. 

The IRS is less restrictive about church involvement in efforts to influence legislation than it is about involvement in campaigns and elections. 

Given the political behavior of USCCB in this case, maybe it shouldn’t be.

"The Summons of Freedom" conference

This weekend (Thurs.-Sat.) is the annual Fall Conference of Notre Dame's Center for Ethics & Culture.  "The Summons of Freedom:  Virtue, Sacrifice, and the Common Good" is the theme.  (The full schedule is here.)  This conference, for me, is always one of the highlights of the year. 

Many MOJ-ers and MOJ-friends will be on hand (including not just Michael Scaperlanda, but an additional complement of Scaperlandas!).  If you are around and awake on Saturday morning, my own lecture on "Religious Freedom in America today" starts at 10:45 a.m.  (Of course, those of you interested in hearing from a great scholar, instead of from me, will go hear Russ Hittinger at the same time.)

Come join the fun!  (Registration, etc., here.)

Interesting story NOT in TIME Magazine ...

Michael P. has linked to an article in Time magazine in which I am quoted by Amy Sullivan.  Readers might be interested in things that I said that the devoutly liberal religion writer chose not to share with her readers.  Lifesite news has the story here:  http://www.lifesitenews.com/ldn/2009/nov/09110703.html

Monday, November 9, 2009

The “Visitation” re-Revisited

 

Thanks to Michael P. for drawing out attention once again to this pressing issue about the visitation of the LCWR. I find Fr. Richard McBrien’s thoughts interesting, but I have read them before. I have also read and re-read Sandra Schneiders’ essay, as have a good number of my women religious colleagues, and we do not find her position to be “the best, most compact, and most significant study of the biblical and historical foundations of ministerial life available today” or, for that matter, of all times. I find Richard McBrien’s zeal all the more interesting when he attributes to Sandra Schneider’s claim that “too many critics of religious life in the United States ‘have no lived experience or academic competence’ to regard it.”

Unlike Richard McBrien, who is not a member of a religious community but a diocesan priest, I am a member of a religious community, as is Sandra Schneiders; moreover, I have a good number of friends who are members of women’s religious communities who join in me in having a different take from the Schneiderian-McBrienian perspective. I would call our experience “lived experience.” So, I think we are competent to offer an alternative perspective that is based on truth and “lived experience.” It is a pity that the media sources pushing the Schneiderian-McBrienian perspective are not interested in covering alternative views which rely on truth and “lived experience” of other religious who have asked the Holy See for this visitation.

With regard to academic competence, I will also challenge the Schneiderian-McBrienian perspective. I just wonder, though, if this element of the critique means that those who disagree with Sandra Schneiders or Richard McBrien must have their academic competence questioned not on substantive grounds but simply because they do not agree with Sandra Schneiders and Richard McBrien? They possess keen acumen and have respect in the religious and academic world; but so do others who do not share their interesting views. It is a tragedy and pity that these other perspectives that contrast theirs do not “merit” equal treatment in the press.

So Michael, not only have I read and re-read their articles but have also considered and re-considered their articles. I wish that both of them could have the opportunity to read the positions of others who write from “lived experience” and academic competence. I appreciate what they have to say, but I disagree respectfully with their contentions. I wonder if they have read alternative perspectives from responsible persons?

 

RJA sj

 

 

 

The "Visitation" Revisited

In a post a few days ago, in which I posted a reader's (Tom White's) comments, I referenced Sandra Schneiders (here).  Well, in his column today, Fr. Richard McBrien, of Notre Dame's Theology Department, writes about Sr. Schneiders.  Here's an excerpt:

Sandra Schneiders is a member of Sisters, Servants of the Immaculate Heart of Mary of Monroe, Mich., and is professor of New Testament Studies and Christian Spirituality at the Jesuit School of Theology in Berkeley, California.

Her four-page article [1] in the Oct 2 issue of the National Catholic Reporter is the best, most compact, and most significant study of the biblical and historical foundations of ministerial religious life available today.

Anyone who claims to have an opinion about the current "visitation" of U.S. communities of religious women and the "doctrinal assessment" of the Leadership Conference of Women Religious has a serious obligation to read this article.

As Schneiders notes at the outset of her substantial essay, too many critics of religious life in the United States "have no lived experience of or academic competence" in regard to it.

Note that statement:  "Anyone who claims to have an opinion about the current "visitation" of U.S. communities of religious women and the "doctrinal assessment" of the Leadership Conference of Women Religious has a serious obligation to read this article."  Hmml, I guess that means Tom White, Robert Araujo, and yours truly, among many, many others.

Here's Fr. McBrien"s column.

And here's Sr. Schneider's essay.