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.

Sunday, September 27, 2015

Pope Francis on religious freedom in Philadelphia

Here's Pope Francis's religious-freedom text.  Lots of really good stuff, but this jumped out at me (and, I hope, to many!):

I would like to reflect with you on the right to religious freedom. It is a fundamental right which shapes the way we interact socially and personally with our neighbors whose religious views differ from our own.

Religious freedom certainly means the right to worship God, individually and in community, as our consciences dictate. But religious liberty, by its nature, transcends places of worship and the private sphere of individuals and families. . . .

Some will (indeed, already have) tried to (somehow) mute the force of the Pope's message on this point by noting the absence of words like "HHS mandate" or "First Amendment Defense Act," or by suggesting that the content of the views expressed by the Pope varies in some way from the public-square arguments that have been made in recent years by the American bishops. This is wrong, I think.  When the Holy Father says this:

 When individuals and communities are guaranteed the effective exercise of their rights, they are not only free to realize their potential, they also contribute to the welfare and enrichment of society.

. . . he's saying that faith-based institutions should be -- to borrow the title of a forthcoming book by Stanley Carlson-Thies and Stephen Monsma, and also the theme of the bishops' recent "Fortnight for Freedom" -- "free to serve."  An egregious example of this spinning -- and misreading -- is this New York Times editorial-masking-as-news piece, in which the author tried to suggest that the Pope's mentions of religiously-motivated violence and oppression abroad could be heard as speaking to "defiance in this country on religious grounds of same-sex marriage rulings" or that there was some distance between the Pope's observations about the role of religious freedom "in caring for others" and the efforts by (those the author mistakenly calls) "conservatives" to defend the integrity and mission of religious civil-society institutions.

Thursday, September 24, 2015

My instapunditry on Pope Francis's remarks to Congress

Here.

A "Pope Francis bump" for Catholic schools?

Let's hope so!

Pope Francis and religious freedom

It seems to me that the Pope's underscoring of religious freedom (like his visit to the Little Sisters of the Poor!) was timely and important.  And, in my view, it was both welcome and unsurprising -- unsurprising because Pope Francis is almost certainly well aware of the religious-freedom controversies that are on the front-burner in the United States and because he has often, in other contexts, reminded listeners of religious freedom's importance and vulnerability.
 
In one sense, the President and Pope were on the same page:  President Obama noted in his introduction of the Pope, "here in the United States, we cherish religious liberty" and he expressed admiration for the good works that Catholic institutions do in society.  The Pope, in turn, reminded the President that, today, Catholics and "countless other people" in America are "concerned that efforts to build a just and wisely ordered society respect their deepest concerns and their right to religious liberty."  This statement, in context, seems to refer specifically to the concern that authorities will use broad understandings of antidiscrimination law to penalize or marginalize religious institutions that hire and fire in accord with their religious teachings.
 
The Pope's emphasis here is timely, I think, because tension and conflict between government regulations and the integrity and freedom of religious organizations and institutions continue to grow.  Just recently, more than a hundred activist groups urged President Obama to disallow religious organizations that cooperate with the government in providing social-welfare services from selecting employees who share the organizations' faith commitments.  The Obama Administration has, to its credit, allowed -- for now -- this hiring-for-mission, which is important to these organizations' freedom and effectiveness.  The Pope's call to everyone "to preserve and defend everything that would threaten or compromise" what he called "one of America's most precious possessions," religious freedom, was an unmistakable defense of both the good works that religious organizations do and their freedom to act in accord with their distinctive religious character.

Wednesday, September 23, 2015

Can Pope Francis "reframe the religious freedom debate"?

John Allen thinks so.  Here's a bit:

. . .  “The idea of religious freedom the pope talks about, in the name of the Church and [other] religions, is not only freedom of cult,” he said, referring to freedom to worship in the manner one chooses.

For Pope Francis, Lombardi said, religious freedom also “includes the possibility of [the Church] actively expressing in society its mission of charity.”

“The Church wants to have an active, positive, and constructive presence for the common good,” Lombardi said.

In a nutshell, that’s precisely the argument that the Catholic bishops of the United States and other religious groups have been trying to make to the Obama administration vis-à-vis the contraception mandates imposed as part of health care reform.

The argument goes that religious freedom doesn’t just mean the government not picking the hymns a congregation will sing on Sundays. It means allowing faith-based groups to be both true to their beliefs and also active players in public life, on the grounds that it’s good for society when people of faith are able to apply their values in concrete acts of service.

It’s a compelling argument, but when put forward by the US Catholic hierarchy, it often gets bogged down politically on two levels. . . .

The Pope's religious-freedom position, as Allen notes, is the same as the one that the American bishops have been proposing and defending, sometimes in the face of criticism from even some Catholics that they are waging a "culture war" in so doing.   This criticism is misplaced.  Still, it's a fact of life that perception is reality, and the unfair perception that the bishops are playing conservative politics when they defend religious freedom is, for some, a reality that makes it difficult for them to join that defense.  If Pope Francis can help . . . wonderful!  

Monday, September 21, 2015

Garnett on Pope Francis, politics, and feeling (un)comfortable

From this news item:

Rick Garnett, a professor of law and political science at the University of Notre Dame, said the pope is not likely to hand out report cards. Any American politician, regardless of party, who feels affirmed by Francis is not paying attention, he said.

"He is not interested in making politicians -- whether 'liberal' or 'conservative' -- feel comfortable or smug," Garnett said. "Pope Francis's message -- like Catholic social teaching generally -- is not captured by any American political party or platform, and this should not be surprising, because the church's social teachings are grounded in claims about who we are, what we are for, and why we -- all of us -- matter that are very different from typical American views."

Indeed, Democrats such as Sen. Bob Casey, Jr., also a Catholic, has been aligned hispolicy views on climate change with that of the popes. But the liberal Pennsylvanian, who describes himself as a "pro-life" lawmaker, has incurred criticism from anti-abortion groups for opposing the move to defund Planned Parenthood. The National Right to Life group says Casey has only a 20 percent  "pro-life' voting record.

"Clearly, a politician who supports abortion rights is not hearing Pope Francis's call to "go to the margins" and care for the vulnerable," Garnett said. "Clearly, a politician who engages in anti-immigrant demagoguery is not hearing Pope Francis's challenge to be welcoming and merciful to those who are suffering."

Garnett warned any politician or candidate from using the pope's visit as a photo-op to exploit at election-time or solicit a pat on the back.  

"A Catholic politician -- like all Catholic citizens -- should be willing to be confronted and challenged," he said. "Pope Francis does not have, and does not claim to have, clear answers to all American policy questions.  What he is urging us all to do, though, is to think through these questions in a spirit that is always mindful of the vulnerable and thankful for our many gifts."

Public-sector unions, solidarity, and Chicago's Catholic schools

In this post, over at Distinctly Catholic, Michael Sean Winters discusses a recent lecture given by Archbishop Cupich to the members of the Chicago Federation of Labor regarding, among other things, "right to work" proposals.  Michael Sean writes:

Archbishop Cupich also made clear that the Church has drawn no distinction between the rights of private and public sector employees: All have the right to organize. Some libertarian opponents of organized labor have argued that because the Church does not specifically address public sector unions, those workers do not have the right to organize. This is foolishness. Imagine how that principle would work in other areas. The Church has not made a list of all illicit sexual acts, it has merely stated that non-procreative sexual acts are illicit. Are we to think that perhaps some of them are actually okay because they were not explicitly named? +Cupich was clear: “Similarly, the Church has consistently taught that workers have a right to have a voice in the workplace, to form and join unions, to bargain collectively and protect their rights. And the Church has never made a distinction between private and public sectors of the work.” Whatever issues any of us has with public sector unions, and I have my own with the teachers’ unions especially, their right to organize is not at issue in the eyes of the Church.

I have said, many times here at Mirror of Justice, that it is a mistake to claim that Catholic Social Teaching requires, or even weighs in favor of, endorsing all the particulars of public-sector unionism as it exists in the United States today.  I do not say this because I'm a libertarian (I'm not), or because I think that invocations of "prudence" excuse one from the task of taking seriously the clear implications of principles like solidarity and the preferential option for the poor (I don't), or because I am somehow being funded by the Koch Brothers (I'm not).  I say this because the context for public-sector unionism differs in relevant respects -- not in all respects, but in some relevant respects -- from unionism in the private, for-profit sector.  These differences are relevant to incentives, bargaining power, accountability, and transparency, and they permit us to conclude (I think we do well to conclude) that, sometimes, it makes sense to treat public-sector unions and their claims differently than we might treat private-sector unions and their claims.

I am not, obviously, making the claim that Michael Sean calls "foolishness," i.e., that public-sector workers do not have the right to associate.  The right to associate is a human right.  I am saying (and, again, it is sensible, not foolish, to say this) that the labor relationship between a public employee and the political community differs in some ways that matter from the relationship between, say, a factory worker and the factory-owning corporation, its CEO, its Board, its shareholders, etc., and that these differences are relevant, not to the question of a right to associate or organize but to some policy questions.

So, again, I agree with Michael Sean that, whatever the issues he and I have with teachers unions (and I, like him, have many with teachers unions!), their right to "organize" is not at issue.  But this fact does not mean that, for example, that we must (or even should) support laws imposing closed-shop-type arrangements on public schools and public-school teachers.  

The question -- "Should we support unions and the right to associate, or not?" -- is not the one, it seems to me, that very often presents itself in politics.  Instead, we're presented with, for example, the fact that the largest labor unions (some public and some private) have been donating lots and lots of money -- members' dues, presumably -- to Planned Parenthood and the fact that Richard Trumka has issued a statement defending Planned Parenthood, even after the recent horrible videos.  It seems relevant to the question "should a Catholic support this particular union and laws that increase its power?" that that particular union is using its power to advocate for Planned Parenthood and the public funding of its operations.  (Again, it's not that workers somehow lose their human right to associate because some labor unions behave badly; its that labor unions and their actions are not immune from criticism, and opposition, simply by virtue of the fact that Catholic Social Teaching supports the right of workers to organize.) 

Back to Archbishop Cupich's talk:  I hope the union members listened to him closely, because he issued a respectful, charitable, but unmistakable message to them, i.e., that they should support (and not oppose, as the teachers unions almost always do) policies that are designed to enhance the freedom and effective ability of parents to choose Catholic schools for their children.

One of the things I am most impressed with since I have come to Chicago is the outstanding work of our Catholic schools in some of the poorest and toughest parts of our city. I am also impressed by the service they give to the children of workers and the children of the unemployed. I admire the good work of all those, in public and non-public education alike, who offer their skills, knowledge and dedication in our inner city schools. But I am haunted and challenged by the powerful economic forces, social pressures and demographic trends that put inner city Catholic education at risk. I know that many of you share my view that the diminishment of inner city Catholic education would be a loss for lots of kids, for their families, their neighborhoods and the larger Chicago family. I am encouraged that many labor leaders are supporting the Illinois Kids Campaign’s education tax credit initiative.

Many in the labor movement found in Catholic schools a way forward to a better future for their families and many of you send your children to our schools today. I don’t want or expect anyone to turn away from the struggles to support and improve public education. Most kids, most Catholic kids, are in our public schools just as many kids in Catholic schools are not Catholic. But the way I look at it, we should come to an agreement that whether they are in public or private or parochial schools, they’re all our kids and deserve the best education this country has to offer.

So, what I am offering is a hand of friendship, inviting all to work together to improve the education of all our kids and as a part of that, to work to keep alive the remarkable service of inner city Catholic schools that are beacons of hope in some of the poorest neighborhoods of Chicago. You can count on me to work with others to support public education, its funding and improvement. But, I also invite and need your help in avoiding the loss of valuable Catholic schools that provide help, hope and are an essential contribution to a better Chicago.

It sounds to me like the Archbishop has been reading Nicole Stelle Garnett's and Margaret Brinig's Lost Classrooms, Lost Community (which Michael Sean generously reviewed here)!

 

Cavadini on the challenges of Pope Francis

In this piece ("Challenge us, Pope Francis!", my friend and colleague, theologian John Cavadini offers an insightful and moving reflection on the Pope's upcoming visit.  Check it out.  Here's just a bit:

Everything is interrelated, Pope Francis never tires of repeating. "How can we genuinely teach the importance of concern for other vulnerable beings, however troublesome or inconvenient they may be, if we fail to protect a human embryo, even when its presence is uncomfortable and creates difficulties?"

The papal rhetoric, then, is equal opportunity when it comes to discomfort. What if we were all to listen?

What if, even just for the period of his U.S. visit, we were to allow ourselves, each in our own way, to follow his rhetoric into a zone of discomfort? Would we, oddly, find ourselves meeting there?

One of the official names for the Pope is "pontifex maximus." "Pontifex" means "bridge maker," or "bridge builder" as we might say, and "maximus" indicates the "biggest" bridge builder of all. By inviting us out of our comfort zones and into the realm of discomfort, is Francis inviting us to find a bond we hadn't seen before, a stake in the "comfort zone" of the other that we had not expected to find? In a culture that is so divided as ours, could this be a way of building, or at least rebuilding, some bridges to each other?

Thursday, September 17, 2015

John Inazu on churches' tax exemptions and a vibrant civil society

Here's John Inazu's contribution to a Washington Post discussion on churches' tax exemptions.  His piece is called "Want a vibrant public square?  Support religious tax exemptions."  Great stuff, as usual.  Here's a bit:  

When it comes to federal taxes, there is a fundamental reason we should protect religious organizations — even those we disagree with. Functionally, the federal tax exemption is akin to a public forum: a government-provided resource that welcomes and encourages a diversity of viewpoints. Tax exemptions for religious organizations and other nonprofits exist in part to allow different groups to make their voices heard. Past the preexisting baseline, groups and ideas wither or thrive not by government decree but by the choices of individual donors. In this setting, government has no business policing which groups are “in” and which ones are “out” based on their ideological beliefs. And there is no plausible risk that granting tax-exempt status to groups such as the Nation of Islam, the Catholic Church or even the American Cheese Education Foundation means that the government embraces or endorses those organizations’ views. ./ . .

Ross Douthat on "Catholic Freedom and Secular Power"

Yesterday afternoon, as part of the annual Notre Dame Forum (this year, the theme is religious freedom in the context of the 50th anniversary of Dignitatis humanae), New York Times columnist Ross Douthat gave what I thought was an outstanding lecture, to a packed hall, on "Catholic Freedom and Secular Power".  (I say "outstanding" not only because Mr. Douthat's opinions so nicely matched my own on these topics!).   He talked about Murray and Maritain, Blanshard and Bismarck, the freedom of the church and pluralism . . . great stuff.  Here's a story about the talk, which captures well a number of the highlights, from the student paper, The Observer.