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.

Wednesday, May 5, 2010

Kristof and the Church: A response to Steve

A few thoughts in response to Steve, whose recent postcriticizes one of mine.  I did not expect, of course, Steve to agree with my view that Kristof's op-ed was misguided and presumptuous in places.  (Recall here my link yesterday to Steve Smith's post about "wrong-headed friends".  Steve Shiffrin is one of mine. [Insert here smiley-face emoticon.]  Certainly, I hope that Steve's forcefully expressed disagreement with me about this matter does not tempt him to exclude me from his group of such friends!).

Steve writes:

After citing Woodward, Rick says that almost “on cue” (not sure why it was on cue), Kristof, according to Rick, offers the "yes, the institutional Church and its old, out-of-touch, male leaders are no good, but the real Church is out there, in the trenches, doing things I like" story that one often hears.  Actually, Kristof’s claim is not that the people in the trenches are doing the “things he likes,” but the works of Jesus and, he maintains, that the leaders of the Church have drifted from the message of Jesus.

It was "on cue" because, just a few days after Woodward wrote a piece characterizing the Times in a certain way, Kristof wrote an op-ed, in the Times, that (in my view) reflected some of the aspects of the Times' coverage and writers that Woodward had highlighted.  And, as for what Kristof's "claim is", I understand (obviously) that Kristof characterized the things that the people discussed were doing as being the kind of things that Jesus did and that Jesus's followers should do (and they are!).  They are also, though, things that Kristof likes (and are unlike the things that the Church Jesus established does that Kristof does not like), and they are, I think, being praised because Kristof likes them.  (This is not surprising, right?  Of course we all all praise things we like.)

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Planned Parenthood in Michigan and Minnesota

Hello All,

I'd like to commend to all MoJ readers the two newspaper stories recently cited and linked to by Rick and by Greg.  The reason is that I take very different impressions away from those stories than those highlighted by Rick and, especially, by Greg.  The first sentence of Greg's second paragraph, for example, elides quickly from quoted words concerning 'demand for abortions,' to quoted words concerning a 'possible increase in demand because of the new federal health care bill.'  Examination of the full article, however, quickly reveals that ten paragraphs separate these quoted phrases, and that the 'demand' referenced in the second phrase is demand for clinic services generically considered.  Those services actually specified are birth control and disease screening.  As for abortion, the article cites Minnesota Citizens Concerned for Life, 'the state's leading voice against abortion, [as being] sharply critical of the [health insurance reform bill] because it would provide more funding for community clinics like those operated by Planned Parenthood, though not for abortion.' 

Other noteworthy passages in the two articles, from my point of view anyway, include the following:

'Minnesota ... is one of 17 states that pays [sic] for low-income women to receive abortions through Medicaid, the result of a 1995 decision by the state Supreme Court.'  (Second page of Greg's linked article.)  This of course invites the question - at least for those like me who know little of the details of Medicaid law or Minnesota constitutional law - whether abortion opponents should be arguing for repeal of Medicaid, or amendment of the Minnesota state constitution, or both. 

'Most health insurers in Michigan pay for abortions, but not necessarily for birth control.' (From Rick's linked article.)   This of course re-raises a question I raised here at MoJ in December and March - viz., why are abortion opponents not arguing, as I have argued, for requirements that insurance companies that offer policies covering abortion also offer identical policies not covering abortion.  It also re-raises another question I raised in March - viz., how many abortion opponents, including here at MoJ, are insured by insurers who offer abortion coverage?

'Recession has heightened demand for contraception and for abortion, especially from clients who wouldn't have gone to Planned Parenthood in better times. "Over the last couple of years, we've been getting calls that go, 'I'm pregnant, we don't have health insurance, my husband isn't working and we can't afford another child.' These calls have become routine for us," says Lamerand.'  (Again from Rick's linked article.) This of course once again suggests - though of course only suggests, as distinguished from statistically corroborating - a correlation between economic hardship and perceived need of reproductive health services and abortions.

I don't wish in quoting and commenting as I do here to suggest that I've any firm view as yet concerning the merits of various claims made by defenders and critics of PP or the health insurance reform legislation where abortion is concerned.  I wish only to highlight the fact that the two cited articles appear to tell rather more than a simply a 'health insurance reform legislation funds and increases the incidence of evil deeds - abortions - by evil entity - Planned Parenthood' story.  Matters appear rather more complex than that on all scores, and accordingly invite careful further inquiry.

A final point: I've read apparently carefully reasoned opinions by such as Jost to the effect that no federal funds will be proximately led by the new legislation to the subsidization of abortions, and carefully reasoned opinions by such as the USCCB to the contrary effect (not to mention Robby's latest post on this matter), and confess to not knowing who has the better of this argument. I'm just not sufficiently well versed in the intricacies of health law.  But it seems to me there's a much easier way to handle this uncertainty than continuing to read various peoples' attempts at parsing statutory and regulatory 'language' (which often seems scarcely lingual): Monitor actual expenditures, with a view to determining whether federal funds actually do begin funding abortions in some manner that they have not done prior to the legislation.  Then if they do, act to close the apparently unintended hole.  My guess is that it would be easy to procure legislation to do that. 

And while at it, lest we be criticizing the motes in our neighbors' eyes while ignoring the beams in our own, let us look to our own insurance plans while asking whether, in purchasing our policies from them, we here at MoJ are alreadly subsidizing abortions in much more direct ways than the federal government is accused now by some of doing.  And let us also focus efforts on seriously ending the economic dysfunction and poverty that seem to prompt so much perceived need of family-prevention, as well as on the provision of better alternatives to those many now seem to think sole alternatives.  It seems better, as the blessed proverb has it, to light even one candle than to curse the darkness.

Pax Christi,

Bob

The arguments(s) for school choice

Rob's post and Charles Murray make an important point -- the reason why school choice is not only justifiable, but also just, is not because school choice (if correctly implemented) can cause higher test scores.  Two quick points:  First, the "take away" from Milwaukee should not be "voucher-using kids at religious schools get pretty much the same test scores that they would get in the public school," but "isn't it telling, about the public schools, that voucher-using kids at religious schools get the same test scores that they would have at a public school, given that these religious schools achieve their results with much, much less money and far fewer resources!"  Second, there are studies of other choice programs that do show test-score gains for school-choice beneficiaries, especially among African-American children.

That said, and again, Rob is right:  the reason(s) to support choice sound more in religious freedom, educational pluralism, parental empowerment, and basic fairness (i.e., the public should be willing to help pay for the public, "secular" good that religious schools provide).  Joseph Viteritti, Jack Coons, and others have been emphasizing this for years.  I tried to flesh out this point too, a few years ago, in this essay, "The Right Questions About School Choice:  Education, Religious Freedom, and the Common Good."  Here's a bit, from that essay: 

That the Constitution permits us to experiment with such programs . . . does not mean that we should. We should ask, then, what reasons there are for enhancing parents’ ability to direct and control their children’s education? This question invites, I think, not only numbers-crunching and data-grinding on the nuts-and-bolts of education reform—though such crunching and grinding is needed, too—but also deeper reflections about the purpose of education, the authority of the state, the integrity of the family, the demands of pluralism, political liberalism, and religious freedom, and the dignity of the human person.

[W]ho should decide where, what, and from whom children will learn? Is the education of young people the prerogative of the contemporary liberal state, and its purpose the inculcation of government-approved dispositions, attitudes, and beliefs?  Or is education an obligation, vocation, and right of parents, one that is inextricably linked to religious liberty and political pluralism? Is the point of choice-based reform simply to spur improvements in government schools through competition? Is it merely to more effectively and efficiently deliver data and transmit “skill sets”? Or is it to make good on the obligation of public authority to promote the authentic common good?

What is (and is not) the central argument for school choice?

I guess I'm the opposite of many politicians: I favor school choice, yet I send my own kids to the public schools of an urban school district.  I like the idea of attending and supporting a neighborhood school, and it helps that our neighborhood school is a good one.  But not all parents have the same experience with neighborhood schools, and not all neighborhood schools approach education in a way that reflects the values and priorities of all parents.   School choice should be contingent on our commitment to family empowerment, not contingent on charter or private schools having higher test scores than neighborhood schools.

Charles Murray makes the point well in today’s New York Times, discussing the results of a new study showing that students participating in Milwaukee’s school choice program had similar levels of achievement as the rest of the public school students.  He explains:

As an advocate of school choice, all I can say is thank heavens for the Milwaukee results. Here’s why: If my fellow supporters of charter schools and vouchers can finally be pushed off their obsession with test scores, maybe we can focus on the real reason that school choice is a good idea. Schools differ in what they teach and how they teach it, and parents care deeply about both, regardless of whether test scores rise. 

I am not confident that we will be able to move the focus beyond test scores in the foreseeable future.  It seems as though we cannot agree on much in terms of the prudent objectives of education, and so test scores, as the lowest common denominator, are now threatening to become the whole equation.  (I have no idea if that analogy even makes sense — I have always been horrible in math, perhaps because of my own public school’s failings.)  Just as we’re going to be seeing an increased emphasis on outcome assessment in legal education, it seems to me that our obsession with outcomes — particularly easily assessed outcomes, like test scores – is going to be driving the train for quite some time in all levels of education.  If that’s true, it may not bode well for school choice.  (Even here in Minneapolis, where school choice has long found fertile ground, we’re showing signs of “charter school fatigue.”)

The Wisdom of Kristof

Yesterday at religiousleftlaw.com, I posted about Nicholas Kristof’s column on the two Catholic Churches. There I summarize: He said it “may be easy at a New York cocktail party to sniff derisively at a church whose apex is male chauvinist, homophobic and so out of touch that it bars the use of condoms even to curb AIDS.” He argues that the Boston Globe has done more to protect children than the Cardinals. And he registers doubts that Jesus would have worked to protect clergymen who raped children. Nonetheless, he finds much to praise in the base of the Church. I concluded that those liberal Catholics who stay in the Church do not do so because of admiration for Church leaders.

Later the same day Rick Garnett responded to the same column. He began by quoting from Kenneth Woodward’s fascinating column in Commonweal, containing the metaphor that the New York Times is a rival magisterium. Although the Times is influential and has its own institutional culture, many important aspects of this “Magisterium” are important: it is secular and secularizing; it promotes dialogue within the liberal framework –even allowing the token conservatives a voice on the op-ed pages, without suppressing opposing voices outside its pages; its liberal voice makes it the paper conservatives seek to mock; from the perspective of those on the left, it is timid and too cozy with those in power; among its readers, I would bet that its editorials are largely unread – certainly in comparison with the opinion columns.

After citing Woodward, Rick says that almost “on cue” (not sure why it was on cue), Kristof, according to Rick, offers the "yes, the institutional Church and its old, out-of-touch, male leaders are no good, but the real Church is out there, in the trenches, doing things I like" story that one often hears.  Actually, Kristof’s claim is not that the people in the trenches are doing the “things he likes,” but the works of Jesus and, he maintains, that the leaders of the Church have drifted from the message of Jesus.

Rick admits that the people Kristof describes in the Sudan are doing “good work,” and they are. For example: But what about Father Michael Barton, a Catholic priest from Indianapolis? I met Father Michael in the remote village of Nyamlell, 150 miles from any paved road here in southern Sudan. He runs four schools for children who would otherwise go without an education, and his graduates score at the top of statewide examinations.

“Father Michael came to southern Sudan in 1978 and chatters fluently in Dinka and other local languages. To keep his schools alive, he persevered through civil war, imprisonment and beatings, and a smorgasbord of disease. “It’s very normal to have malaria,” he said. “Intestinal parasites — that’s just normal.”

“Father Michael may be the worst-dressed priest I’ve ever seen — and the noblest.

“Anybody scorn him? Anybody think he’s a self-righteous hypocrite?

“On the contrary, he would make a great pope.”

In response, Rick says, “To be clear, the people in Sudan whom Kristof describes, and admires -- but does not, I think, I understand -- are doing good work.  But, when Kristof imagines himself competent (or inspired?) to declare that so-and-so would be "a good pope" (how does Kristof know this?), I cannot help thinking of Woodward's "rival magisterium" observation.”

I wonder what Rick supposedly gets about the Sudan that Kristof doesn’t (Kristof does mention the birth control position of the Church regarding Africa – is that what Kristof does not understand about the Sudan). I think that the suggestion that a servant of Christ in the trenches has qualities that are relevant to Papal greatness is a good one. And with respect to the magisterium claim, it is worth noting that Kristof is arguing outside the Times secular perspective.

Rick then presses onward: “For Kristof, there are good guys (and women) helping the poor in Africa, and bad guys, in Rome, issuing ‘paleolithic edicts on social issues.’  What he doesn't get, in my view, is the Catholic claim that the Church's ‘paleolithic’ opposition to abortion comes from the same place as its commitment to the dignity of the poor, that its ‘paleolithic’ proposals regarding sexual morality come from the same place as its call to generosity, and self-gift.  In a similar way, Pope Benedict's recent encyclical, I thought, was misunderstood by people who, like Kristof, think that the Church's social teachings are a disconnected jumble, rather than the implications of a unified and animating moral anthropology.”

Actually Kristol does not mention abortion in his column. He does mention homophobia, the failure to protect children, and birth control in connection with aids. In addition, he understands “why many Americans disdain a church whose leaders are linked to cover-ups and antediluvian stances on women (perhaps Rick thinks that the reference to women is code for abortion), gays and condoms — but the Catholic Church is far larger than the Vatican.” I am quite sure Kristof thinks that the Church’s positions on gays, birth control in connection with aids, and the failure to protect children are inconsistent with Christianity. If they all can be squeezed into a unifying moral anthropology, so much the worse for the anthropology. Finally, if Kristof meant to refer to abortion, I think it utterly improbable that Kristof is unaware of the way abortion fits into Church teachings. He may disagree with those teachings, but I doubt he is confused.

Finally, Rick turns to David Bonagura at the Catholic Thing. Rick says that Bonagura also responds to Kristof. In fact, Bonagura responds to a different, but similar column by Kristof. Rick cites a paragraph from Bonagura that is about the role of Christian love in promoting social justice. The New York Times might or might not disagree with the paragraph, but surely Kristof would agree. Finally, Bonagura reacts to this line from Kristof (in the column Rick was not responding to): “Jesus himself focused on the needy rather than dogma, and went out of his way to engage women and treat them with respect.” Bonagura says “Dogma and rules do not distract the Church from social justice; they allow social justice to flourish by pointing it towards its proper and ultimate end.” In context, however, I think it clear that Kristof is focused on what he believes to be inhumane (e.g., when one spouse has HIV aids, the couple may not use birth control) unchristian dogma and rules.

Leaving, but taking off from Rick’s post, I have heard it said that the current crisis in the Church is the greatest since the Reformation. I do not know if this is true, but we are surely in the midst of a crisis. I do not think it has been helpful that (as I said in an earlier post at religiousleftlaw) Spiro Agnew apparently returned from the dead to be the chief advisor to the Vatican: “Circle the wagons and attack the media.” Any public relations persons would have told the Vatican to apologize, apologize, apologize, and focus on what is now being done to address the issue. It is certainly arguable that Pope Benedict has enormously matured on this issue and that, if he were replaced, the new Pope would not be as good on this issue – sad as that speculation might be. And the Church leaders are stuck with (and proud of) their conservative teachings.

At this time, many Catholics are contemplating leaving the Church (in the U.S., a greater percentage leave the Church than any other denomination). Nicholas Kristof gives a message to those who will never be persuaded to admire the leaders of the Church: “So when you read about the scandals, remember that the Vatican is not the same as the Catholic Church. Ordinary lepers, prostitutes and slum-dwellers may never see a cardinal, but they daily encounter a truly noble Catholic Church in the form of priests, nuns and lay workers toiling to make a difference.”

cross-posted at religiousleftlaw.com

 

 

Tuesday, May 4, 2010

"Abortion neutral"? Someone tell Planned Parenthood . . . [Part Two]

A couple of days ago, with respect to the continuing debate over the "abortion neutrality" of the new health-care law, Rick Garnett noted a story from Michigan about a Planned Parenthood decision in that state to open a new abortion clinic to prepare for the increased availability of abortions under the new health law.  Sadly, the same story was reported today in the Twin Cities in the Minneapolis Star-Tribune:  "Abortion clinic will move; foes will too" (here).

Although Planned Parenthood acknowledged that "[d]emand for abortions has been falling for years," it is opening a new and larger abortion clinic to "prepar[e] for a possible increase in demand because of the new federal health care bill."  Although the article recites that federal money may not be spent on abortions, the article also notes that the federal law will provide more funding for community clinics operated by Planned Parenthood, including supporting this clinic that will also perform abortions.  The head of Minnesota Citizens Concerned for Life responded:  "We're not surprised to see Planned Parenthood position itself to receive millions more taxpayer dollars under President Obama's new health care mandates."

Greg Sisk

Call for Papers: "Younger than Sin"

The annual Fall Conference of Notre Dame's Center for Ethics & Culture is, for me, always one of the highlights of the year.  The theme for the next conference has been announced, and the call for papers is here:

This past November, the Notre Dame Center for Ethics and Culture hosted its tenth annual Fall Conference, entitled The Summons of Freedom: Virtue, Sacrifice, and the Common Good. Our most successful to date, the 2009 conference reflected in myriad fashion on what it means to be truly free. This year, we will continue this inquiry by a discussion centered around the proposal that humility, wonder, and joy are great among those virtues which undergird human flourishing in this world and—in the Christian tradition—lead in grace to eternal happiness in the next. Now, if true freedom is inextricable from that Truth which ―shall set you free‖ (John 8:32), how ought one to become the sort of person that receives the truth and is conformed to it—that is, the person who shall be free?  . . .

Stanley Fish on the Mojave Cross case

Here's Fish, in the Times, writing about the recent decision in Salazar:

It has become a formula: if you want to secure a role for religious symbols in the public sphere, you must de-religionize them, either by claiming for them a non-religious meaning as Kennedy does here, or, in the case of multiple symbols in a park or in front of a courthouse, by declaring that the fact of many of them means that no one of them is to be taken seriously; they don’t stand for anything sectarian; they stand for diversity. So you save the symbols by leeching the life out of them. The operation is successful, but the patient is dead.

The game being played here by Kennedy (and many justices before him) is “let’s pretend.” . . .

My distaste for Kennedy’s opinion has nothing to do with its result. In general, and for the record, I have no problem with the state accommodating religious symbols and I am not bothered by the thought of a cross standing in a remote part of the Mojave desert even if the land it stands on is owned by the government. I do have a problem with reasoning that is patently dishonest and protests too much about its own motives and the motives of those it defends. But that is what the religion clause drives you to when in one of its clauses — the free exercise clause — it singles out religion for special positive treatment, and in the other clause — the Establishment Clause — it places a warning label (watch out for this stuff; it’s trouble) on religion. It’s no wonder that the justices who try to deal with this schizophrenia tie themselves in knots and produce opinions that are as unedifying as they are disingenuous.

I think there's a lot to this.  (I think Fish is probably too quick to insist that Congress's motive in preserving the cross is to preserve it as a religious symbol, but put that aside.)  In my view, if it is constitutionally permissible for the government to display religious symbols it is not because the symbols are not religious.  It is, instead, because the display of a religious symbol is not an "establishment" of religion.

The "Two Churches" mistake . . . and The New York Times

Kenneth Woodward observed recently that the NYT is a newspaper "with the soul of a church" -- a church that exercises (and sees itself as exercising) a "rival magisterium":

. . . No question, the Times’s worldview is secularist and secularizing, and as such it rivals the Catholic worldview. But that is not unusual with newspapers. What makes the Times unique—and what any Catholic bishop ought to understand—is that it is not just the nation’s self-appointed newspaper of record. It is, to paraphrase Chesterton, an institution with the soul of a church. And the church it most resembles in size, organization, internal culture, and international reach is the Roman Catholic Church. . . .

Almost on cue, Nicholas Kristof served up his variationon the "yes, the institutional Church and its old, out-of-touch, male leaders are no good, but the real Church is out there, in the trenches, doing things I like" story that one often hears.  To be clear, the people in Sudan whom Kristof describes, and admires -- but does not, I think, I understand -- are doing good work.  But, when Kristof imagines himself competent (or inspired?) to declare that so-and-so would be "a good pope" (how does Kristof know this?), I cannot help thinking of Woodward's "rival magisterium" observation.  

For Kristof, there are good guys (and women) helping the poor in Africa, and bad guys, in Rome, issuing "paleolithic edicts on social issues".  What he doesn't get, in my view, is the Catholic claim that the Church's "paleolithic" opposition to abortion comes from the same place as its commitment to the dignity of the poor, that its "paleolithic" proposals regarding sexual morality come from the same place as its call to generosity, and self-gift.  In a similar way, Pope Benedict's recent encyclical, I thought, was misunderstood by people who, like Kristof, think that the Church's social teachings are a disconnected jumble, rather than the implications of a unified and animating moral anthropology.

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Charter schools hurt Catholic schools?

Paul Moses discusses, here, Diane Ravitch's new book on education policy, and her observation that:

“Where charter schools are expanding, Catholic schools are dying,” Ms. Ravitch said. “But charter schools can’t do the same things. The Catholic schools have a well-established record of being effective, and they’re being replaced by schools that have no track record.”

I have, as regular readers know, become a zombie-like fan of Catholic schools.  My own experience with our parish school is, I realize, not typical -- the place is amazing and thriving and (as my son's first Communion this past weekend reminded me) deeply Catholic.  Having said that, I am very troubled by what seems to me to be a waning commitment, on the part of many bishops (not mine!) to (meaningfully) Catholic schools, or to imagine that it is enough to convert / sell-off Catholic schools to charter-school operators who promise "values oriented" education.  Sure, there are all kinds of ways we might want to adjust the mid-20th-century model of parish schools -- to take account of changing demograhpics, to capitalize on administrative expertise and economies of scale, etc.  But, it is not -- in my opinion -- going to be enough for the Church, and Catholics, to hope that parents, Sunday mass, and CCD can take care of formation (to say nothing of evangelization!) in the coming years.