Wednesday, December 23, 2009
Cathy responds to John
[Here is Cathy's response:]
When the Catholic Church or one of its institutions confers an honor on them,
how do we assess the appropriateness of this honor --by looking at the
recipient's stance on that one issue, or by looking at their entire life and
context?
THAT IS MY QUESTION.
I am not trying to rerun the
merits of the ND decision–I’m trying to focus on the standard of review. John,
I’m afraid you’ve: 1) shifted attention to the merits; and) granted summary
judgment to your own position, by reading the facts about Obama in the worst
possible way and reading the facts about the Popes in the most favorable light.
I’m not surprised when that happens with non-lawyers, but I did hope for more
from a fellow law professor. But maybe I didn’t run my argument with enough
rigor and detail. So let me try to state my case more fully.
Let me
stipulate that the underlying moral issues are all serious. Abortion and the
Holocaust are the intentional killing of the innocent–in body. Child sexual
abuse involves seriously maiming the innocent in their psyches. Let me also
stipulate that none of the three (Obama, Pius XII, or John Paul II) is directly
involved in these practices, nor is in a position directly to stop them, but can
make them more difficult, protest them, or support them. They can also make them
less likely to occur. Obama supports a constitutional right to abortion in our
pluralistic society (perhaps because he thinks it’s the best, prudentially, we
can do), but he also supports reducing the number of abortions. He doesn’t
think abortion is a good thing Pius couldn’t stop Nazi Germany by himself–but
did he ever call, directly, for its overthrow? Did he ever call upon Catholics
to rise up against it? Did he ever call upon Catholic soldiers to refuse to
fight for Nazi Germany? Not to my knowledge. He balanced other values,
prudently, in deciding upon the best course of action. He reduce the number of
Holocaust victims without ever directly calling into question the legitimacy of
the entire regime which made it legal. John Paul II was actually in a position
to shut down Maciel–instead he repeatedly and firmly shut down the investigation
of credible accusations of child abuse. This wasn’t an isolated incident. He
saved and protected Cardinal Law, possibly even from US prosecution.
While there are doubtless differences in detail, the fact is that all
three men arguably have a morally deficient stance toward grave moral and social
evil which they are in some position to protest or prevent. (John you present
Pius and JPII as merely making mistakes–I think it is likely they were culpably
negligent–especially JPII on the sex abuse claims). That is the premise of my
analogy–but not its point. Here is the point:
1. It is a fact
that in the case of the Obama commencement speech, many of those who opposed it
said that his stance on the abortion issue ALONE was disqualifying–No matter
what else he did, or promised to do, his pro-choice stance alone made him
inappropriate for a Catholic school to honor
2. In contrast those
who support the invitation argued that a) The appropriateness of the honor
needed to be assessed in the context of Obama’s whole life, not his stance on
one issue narrowly construed; and b) that in issuing the invitation they did not
endorse Obama’s stance on abortion.
3. Precisely the same
controversy–with precisely the same structure in fact happening with respect to
the canonization of JP II an Pius XII. How do I know that? I read the papers,
watch the news and read John Allen–like everyone else.
4. According
to John Allen (here) and others, says that in pushing forward the cases for sainthood:
a) the appropriateness of the honor needs to be addressed in the context of
their whole lives, not on the basis of one actions or set of actions; and b) in
naming the Pope a saint, the Church doesn’t mean to endorse the treatment of the
Holocaust or the sex abuse case.
5. According to those that are opposed to the case, the failure to act
appropriately on ONE issue –child sex abuse or opposition to the Holocaust ought
to be a bar to the conferring of the honor. What is striking to me is that the
language used by this quite balanced summary of the issue is how the language
use resonates with the language used by the prophetic pro-life movement.
Compare the language of this summary of Pius XII’s opponents to the language of
the Manhattan Declaration.
“Papal opponents focus on
the particular evil that Nazism represented and maintain that in such
circumstances religious leadership must be clear, forthright and outspoken. Nazi
aggression and brutality should have been explicitly condemned; Roman Catholics
might have been inspired to do more for Jews and other victims of persecution,
who would at least have had the comfort of knowing that the world was not
indifferent to their fate.” Jonathan Gorsky, "Pius XII and the Holocaust," here. Gorsky is an orthodox Jew who works for the Council of Christians and
Jews
“In as much as these truths are foundational to human dignity and
the well-being of society, they are inviolable and non-negotiable. Because they
are increasingly under assault from powerful forces in our culture, we are
compelled today to speak out forcefully in their defense, and to commit
ourselves to honoring them fully no matter what pressures are brought upon us
and our institutions to abandon or compromise them.” The Manhattan Declaration, here.
6. In my
view, the standard for naming someone a saint–a role model Catholics trust to
intercede on their behalf in the heavens –ought to be higher than the standard
than that for commencement speakers. And while I don’t agree with you and
others who opposed the Obama commencement address and honorary degree, for the
life of me I can’t see how the same people are so sanguine about making Pius XII
and JP II saints–given the issues.
Finally, I
have to say, John, I’m utterly flummoxed why you can’t see the analogy. But I’ve
done my level best to lay it out for you fully.
And the question
I have for you John, is why do you think a prophetic stance like the Manhattan
Project is appropriate in the case of abortion–and not in the case of the actual
Holocaust or child sexual abuse? The fact that you can't seem to see any
problem with the canonization process (especially with the abolition of the
Devil's Advocate position) is hard for me to understand.
https://mirrorofjustice.blogs.com/mirrorofjustice/2009/12/cathy-responds-to-john.html