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 26, 2016

"Swiss Christian nursing home must allow assisted suicide"

Story here.  A bit:

A Swiss court has ruled that a Christian nursing home must either permit
assisted suicide on its premises or give up its charitable status.

The nursing home, which is run by the Salvation Army, the UK-based
Christian charity, lost a legal challenge to new assisted suicide rules.

The regulations, introduced about a year ago, compel charities caring for
the sick and elderly to offer assisted suicide when a patient or resident
requests it.

The nursing home objected on the grounds that the law violated the core
religious beliefs of the Salvation Army and that it represented an affront
to freedom of conscience.

But the Federal Court rejected the complaint of the home, which is
situated in the canton of Neuchatel, and ruled that individuals have the
right to decide how and when they would like to end their lives.

According to a report on Swiss Radio In English, the judges said the only
way the home could avoid its legal obligations to permit assisted suicide
was to surrender its charitable status. . . .

Expect more of this, and on our side of the Atlantic, too.  The court's basic "move" is one that I think we can expect regulators and legislators to adopt (and activists to demand) in a variety of contexts where religious institutions' religiously motivated practices and commitments conflict with policy, especially in the bioethics and antidiscrimination contexts.

Tuesday, October 25, 2016

Call for Papers: "Public Life and Religious Diversity"

This conference, scheduled for Fall 2017 at Oxford, should be of interest to MOJ readers.  I hope some MOJ bloggers and readers will submit proposals!

Panels – call for papers

We invite proposals for presentations in the following panel sessions:

  • Andrew March, chair: Private and public ethics. Possible topics include: controversies about forms of establishment, the limits of legislation, exemptions for economic, cultural, and social institutions.

  • Stephen Macedo, chair: Religious diversity and education. Possible topics include: controversies about separation and integration in education, curriculum debates, the nature and limits of public authority, and student and parental freedom.

  • Lisa Fishbayn and Sylvia Neil, chair and discussant: Gender, sexuality and religion. Possible topics include: controversies over reproductive rights, marriage, sexual culture, religious feminisms, religious justifications of discrimination.

  • Jocelyn Maclure, chair: Accommodation of religious diversity in democratic polities. Possible topics include: religion as justification of legislation, exemptions, legal recognition; questions of democratic majoritarianism.

We also welcome proposals for papers that aim to explore new research avenues related to religious diversity and public life. Possible topics include: the ethics and politics of interfaith relations; concepts of religious moderation, extremism, fundamentalism, radicalization; public ethics in contexts of antagonism or separation

Remembering Fr. Araujo

This past weekend marked the first anniversary of the death of our friend and colleague, Fr. Robert Araujo.   I'm pleased to report that an edited volume of essays -- Priests, Lawyers, and Scholars -- about his work and the themes he explored is in progress.  Stay tuned!

Araujo

Sunday, October 23, 2016

"The Tradition Project" Meeting

On Thursday and Friday, I had the pleasure and privilege of participating in a roundtable conference kicking off "The Tradition Project" (more information about the project is available here and here), which is a research project of the Center for Law and Religion at St. John's University and is being coordinated by MOJ-friend Prof. Mark Movsesian and our own Marc DeGirolami.  

What a treat!  For other reports on this gathering, see Paul Horwitz's post at Prawfsblawg and Rod Dreher's detailed reports at his own blog (here and here).  There were (in addition to a keynote lecture by Prof. Michael McConnell) a series of Liberty-Fund-type discussions on, e.g., the idea of "tradition," the American religious tradition, the American political tradition, tradition and the common law, and tradition and the Constitution.

For me, flying home from the event, two questions kept re-presenting themselves:  First, is "tradition" -- or, more accurately, is a "tradition" -- something that we inherit and pass on, or something that we, in a sense, "inhabit" -- is it an heirloom, or the air we breathe?  Second, do traditions have authority (and if so, why?) or is more that they are valuable and useful resources, that would be foolish to turn down absent some good reasons for thinking they are not, for some reason or in a particular case, valuable and useful?

Other MOJ-ers were at the gathering, and I'll look forward to their thoughts! 

Wednesday, October 19, 2016

Don't forget: You can follow MOJ on Twitter!

Why settle for just the blog when you can join the MOJ tweeps, too!  

Tuesday, October 18, 2016

On the Wikileaks "Catholic Spring" emails

As MOJ readers probably know, among the DNC emails hacked and leaked by Wikileaks (story here and here and here) are some exchanges among Clinton insiders that, among other things, call for a "Catholic Spring" and that express pretty clear disdain for "conservative" Catholics.  Our own Robby George commented on these exchanges, in the Wall Street Journal, here.

A number of politically-left-leaning Catholics have pushed back against the idea that there's anything particularly troubling or anti-Catholic about these emails, including Michael Sean Winters (here), Anthony Annett (here), E.J. Dionne (here), and -- one of the participants in the exchange -- John Halpin (here).  These and other commentators contend that, for example, the emails " tell a far more interesting tale about the struggles inside the Catholic Church in the period before the ascendancy of Pope Francis" (Dionne), that they simply reflect a "react[ion] in a private email to the arguments of leading conservatives who often misuse Catholicism to defend their agenda" (Halpin), that their discussion of a "Catholic Spring" should be seen as highlighting "the genuine need for a corrective balance" and "a call for something very much like the agenda of Pope Francis" (Annett), and that one participant's charge that "the right-wing attempt to co-opt Catholicism for the Republican Party [has] been a bastardization of the faith" is, well, right.

Certainly, it is not news that politically-left-leaning Catholics believe that politically-right-leaning Catholics are focusing too much on abortion at the expense of other issues, are insufficiently critical of the Republican Party (or insufficiently attached to the Democratic Party), are "co-opting" the Catholic Social Tradition and various bishops for "right-wing" purposes, etc.  In my view, these beliefs are unwarranted (or, at least, held with a confidence and fervor that the facts do not justify).  Nor, really, is it news that political-left operatives and activists like the people involved in this email exchange regard many of the teachings and practices of the Catholic Church with bemusement, if not contempt.  (See, e.g., Halpin: "They must be attracted to the . . . severely backwards gender relations.")  It's not news that Catholics are divided not only about the political implications of the faith but, more fundamentally, about what (and who decides what) "the Faith" is.

So, since it's all old news, maybe Winters is right that the "Catholic email scandal is no scandal" (indeed, maybe it's a no-doubt-unintended compliment!).  In my view, though, it should be troubling -- to "progressive" Catholics as well as others -- that political operatives like John Podesta, who has been associated with Clinton campaigns and administrations for decades, admits that his organization set up (with funding from the Koch Brothers . . . I mean, George Soros) groups with the purpose of promoting a "revolution" -- a "Catholic Spring" -- "in which Catholics themselves demand the end of a middle ages dictatorship and the beginning of a little democracy and respect for gender equality in the Catholic church."  This is not a call for dialogue among Catholics about how best to live out the faith; it's strategy-and-tactics about how to co-opt and marginalize an opposing force.

This is not, contrary to the suggestions of some, simply a call for the full spectrum of the Catholic Social Tradition to be proposed to our politics, in the public square.  The exchange was not just an intra-Catholic discussion about the possibility of changes in Church practices under Pope Francis, or a thoughtful corrective to the selective misuse or blinkered use by some "conservatives" of Catholic Social Teaching.  The nature of the "revolution" to be hoped for, funded, and supported is to make the Catholic Church more like the Center for American Progress imagines itself to be (I say "imagined" because contemporary progressives' attachment to "democracy" is, well, complicated.)   

Just as a reminder:  Here's Sandy Newman, sounding pretty much like Paul Blanshard or Loraine Boettner:

There needs to be a Catholic Spring, in > which Catholics themselves demand the end of a middle ages dictatorship and > the beginning of a little democracy and respect for gender equality in the > Catholic church. Is contraceptive coverage an issue around which that could > happen. The Bishops will undoubtedly continue the fight. Does the Catholic > Hospital Association support of the Administration's new policy, together > with "the 98%" create an opportunity? > > Of course, this idea may just reveal my total lack of understanding of the > Catholic church, the economic power it can bring to bear against nuns and > priests who count on it for their maintenance, etc. Even if the idea isn't > crazy, I don't qualify to be involved and I have not thought at all about > how one would "plant the seeds of the revolution," or who would plant them. > Just wondering . . .

"The economic power it can bring to bear against nuns and priests who count on it for their maintenance, etc."  No, this isn't just a call for Catholic Social Thought in the public square.  It's ignorant, and it should be offensive . . . to "progressives" and "conservatives" alike.

Thursday, October 13, 2016

George Weigel on "Changing the Game"

From Weigel's recent piece at First Things:

[T]he sickness in our political culture is serious and it reflects the pathogens that have been at work for some time in the general culture.

What are they?

• A raw individualism that conceives “freedom” as radical personal autonomy because it thinks of the human person as a twitching bundle of desires, the satisfaction of which is the full meaning of “human rights” and the primary task of government.

• A lack of commitment to the common good, which shows up in everything from bad driving habits to declining volunteerism to tax cheating to declaring a pox on politics and sitting out elections.

• The vulgarization of popular culture and entertainment, which has so deeply wounded our politics that they’ve become another form of reality TV, producing a spectacle that should shame us into a collective examination of our consciences as consumers.

• The confusion of “success” with sheer wealth by individuals, businesses, and corporate boards, which empties economic life of its vocational nobility and inculcates a counter-ethic of beggar-thy-neighbor competition that’s a grave danger to markets and a threat to the capacity of free enterprise to help people lift themselves from poverty.

• A grotesque misunderstanding of “tolerance” and “fairness,” rooted in an even more comprehensive delusion about what makes for human happiness, which isn’t “I did it my way.”

The list could be extended ad nauseam, but perhaps the basic structure of our situation is in sharper focus. We must rebuild American political culture so that, at its presidential apex, it is far less likely to produce such a mortifying choice as the one created by this election cycle. That requires the rebuilding of our public moral culture. And that is a task for several generations, which must begin now, at the retail level.

A tall order.  But this sounds right.

Multi-faith letter calling on leaders to reject the (lousy) USCCR letter on religious liberty

Thanks to the good folks at the Religious Freedom Institute for organizing this multi-faith letter to President Obama, Rep. Ryan, and Sen. Hatch, urging them to "renounce publicly the claim that 'religious freedom' and 'religious liberty' are 'code words' or a 'pretext' for various forms of discrimination.  There should be no place in our government for such a low view of our First Freedom—the first of our civil rights—least of all from a body dedicated to protecting them all."  Amen.  Read the whole thing (it's not long).

UPDATE:  The USCCB's press release about the letter is here.

Wednesday, October 12, 2016

Please pray for Prof. Leslie Griffin (UNLV)

Prof. Leslie Griffin, who has done a lot of law-and-religion scholarship (among other things!), is in very serious condition after being attacked during an afternoon run.  The story is here.  Please keep her in your prayers.

Tuesday, October 11, 2016

John Halpin, of the "Center for American Progress", highlights the vital need for "Mirror of Justice."

At least, that's how I'm choosing to spin this little gem from the recent Wikileaks dump.