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, October 5, 2016

Sen. Kaine's abortion answer during the VP debate

It is striking, as some others have noted, that the first time "social issues" or "faith and politics" came up in this cycle's "debates" was at the tail-end of the (widely regarded as irrelevant) debate between the vice-presidential candidates.  I expected there to be some discussion (that is, I expected Sen. Kaine to bring it up, even if the moderator didn't) of the RFRA controversies -- especially given the experience in Indiana -- and of the ongoing debates about the sharpening conflict between antidiscrimination law and religious freedom. It strikes me that the lack of attention to (or interest in) these matters says a lot of not-encouraging things about the fate of these issues after the election is over, Sec. Clinton is President, and the Republican Party rebuilds (or not) after Trump.

 Sen. Kaine's answer on the "faith and politics" question was unsurprising, but still inadequate.  If one has reasons for being "personally opposed" to abortion, then those reasons are also reasons why abortion should, at least presumptively, be discouraged and regulated.  Kaine's position treats opposition to abortion like an aesthetic preference, regarding which de gustibus non est disputandum.  What's more, even a candidate inclined to resign him or himself to legal abortion -- thinking that it's not practical or feasible to ban abortion, ours is a pluralistic society, we disagree on the morality of abortion, etc. -- need not earn a perfect rating from Planned Parenthood, oppose late-term bans, or support the repeal of the Hyde Amendment.  Gov. Pence (appropriately) expressed respect for the sincerity of Kaine's faith, but was effective in pointing out (as so many have) the flaws in the Cuomo position.

https://mirrorofjustice.blogs.com/mirrorofjustice/2016/10/sen-kaines-abortion-answer-during-the-vp-debate.html

Garnett, Rick | Permalink