Some of you may have heard about the controversy at St. Louis University, which is a Jesuit institution. Howard Wasserman, who contributes to the Sports Law Blog, has a post here--a post in which I concur. I must add that Howard was a student of mine at Northwestern Law, more years ago than I care to remember.
Friday, January 25, 2008
Abortion, Basketball, and St. Louis University
The Future of Marriage
[Thanks to Maggie Gallagher for this:]
Can Marriage Survive?
CATO UNBOUND
January 14-21, 2008
Marriage isn't what it used to be. Though divorce has declined from its peak,
marriage certainly is no longer considered an unbreakable covenant. For millions
of cohabiting couples, marriage seems optional, or distant. With gay and lesbian
couples demanding their own nuptials, marriage isn't even just for straight
people anymore. Family is a crucial building block of a decent society, but
marriage has always been at the center of family formation. If
marriage-as-we-know-it is on the rocks, can the family, and society, be far
behind?
Stephanie Coontz, author of Marriage, A History: How
Love Conquered Marriage kicks off this month with a learned lead essay ["The
Future of Marriage"]. Reacting to Coontz, we've lined up the Manhattan
Institute's Kay Hymowitz ["The
Marriage Gap"], author of Marriage and Caste in America: Separate and
Unequal Families in a Post-Marital Age; economists Betsey Stevenson
and Justin Wolfers of the University of Pennsylvania ["Marriage
and the Market"]; and Norval Glenn ["Against
Family Fatalism"], professor of sociology at the University of
Texas.
As always, Cato Unbound readers are encouraged to take up
our themes, and enter into the conversation on their own websites, blogs, and
even in good old-fashioned bound publications. "Trackbacks" are enabled. Cato
Unbound will scour the web for the best commentary on our monthly topic,
and, with permission, publish it alongside our invited contributors. We also
welcome your letters.
Political Orphans in 2008
... is the title of this op-ed, which is subtitled: "Is There Space for Our Pro-Life Ethic?" The authors: Liz McCloskey, who is a doctoral candidate at the Catholic University of America, and Peter Leibold, who is former general counsel of the Catholic Health Association.
Washington Post
January 22, 2008
In this political season, with all the talk about the role of faith in public life, we as a Catholic couple feel very much at home in the conversation and yet still homeless with respect to a perfectly compatible political party or candidate.
When we were born in the early 1960s, it was possible to be both a Democrat and a Catholic without any agonizing pangs of conscience. John F. Kennedy was president; John Courtney Murray was a public theologian; Pope John XXIII was opening a window to the world at the Second Vatican Council. But as we came of age politically, we felt orphaned by the Democratic Party, whose pro-life positions on war, poverty and the environment did not extend to the life of the most weak and vulnerable, those not yet born.
While the moderate wing of the Republican Party provided us a foster home when we worked on the Senate staff of John C. Danforth (R-Mo.), with the likes of former senator Mark O. Hatfield (R-Ore.) and others, the Grand Old Party's move to the right, including its hardening, dominant positions on the Iraq war, access to guns and the death penalty, among other issues, have made it an inhospitable place for us to dwell permanently.
During many elections we find ourselves facing the same dilemma: Which of our values must take a back seat when we go to the voting booth? Do we let our moral concern for peaceful resolutions of conflict, the environment, addressing poverty and aggressive enforcement of civil rights guide our choices? Or do we stand firm on another important issue of conscience and signal our hope for an end to abortion? Often, both choices leave a bad taste in our mouths.
Another option is to simply forget the moral questions and vote our pocketbooks. The two of us have slightly different perspectives on the wisest economic policies to be followed by the federal government, neither of which is embodied perfectly by the dominant political parties. But adopting a moral blindness in the voting booth is simply not an option for those of us who hold religious values dear.
Today's March for Life in Washington brings home this problem. The assumption of abortion opponents is that anyone serious about his or her desire to see an end to abortion will vote for the "pro-life" candidate. Yet there is rarely a candidate, and certainly not a political party, that embodies the consistent ethic of life that would make casting a truly pro-life vote a simple or straightforward choice. If the Democratic Party could adopt a much less disdainful, more welcoming, perhaps even "pro-choice" stance toward those under its tent who have conscientious objections to abortion, we would be much less squeamish about supporting its candidates, and we know that we are not alone in that conviction.
As the 2008 campaign unfolds, we will look for a candidate who will not use rhetoric or a tone seemingly designed to alienate those of us who simply cannot cheer for speeches celebrating the availability of abortion.
We don't see the right to abortion as an example of everything that is right with our democratic system. In fact, we mourn the poverty of a culture that views it as an option to harm the most vulnerable, even in the name of protecting other vulnerable people such as impoverished women and pregnant teenagers. While we may disagree with one another on the correct balance of legal restrictions, social policies and moral suasion that would best reduce the number of abortions, we both hope and pray for its eventual disappearance.
A party and a candidate that truly respect this viewpoint are ones that can adopt these two political orphans.
Come to Boston (College)
2008 Candlemas Lecture: Prophets, Priests, and Kings: Christianity, Confidence, and Humility in the Public Square |
D |
![]() |
Cathleen Kaveny is the John P. Murphy Foundation Professor of Law at Notre Dame Law School, where her seminars explore relationships among theology, philosophy, and law. Her published essays provide the grounding for full discussion of various issues where Christian ethics and U.S. culture and politics intersect, issues such as abortion, gay marriage, torture, and the cooperation with evil. Often the essays draw upon popular media, for example, The Sopranos and Will and Grace. |
Date and Time: |
Thursday, February 7, 2008 | 7:30 p.m. | |
Location: |
Devlin 101 | |
Of Interest to Particular Audience: |
Faculty, Graduate Students, Public, Undergraduate Students | |
Categorized as: |
Lectures & Readings | |
Sponsored by: |
Lowell Humanities Series, The Church in the 21st Century Center | |
Contact: |
Paul Doherty | |
Contact's Phone: |
617-552-3705 | |
Contact's Email: |
[email protected] | |
Admission fee: |
Free | |
Parking & Directions : |
www.bc.edu/about/maps | |
Thursday, January 24, 2008
comment on Hardt's article
Here are a couple of quick comments on John Hardt's fine article in America (Church Teaching and My Father's Choice). I thought the article was well done. I have some reservations though. I don't think Hardt's approach is at all consistent with the CDF's statement on this issue. I think Hardt's view is similar to the view expressed in the Commonweal editorial we discussed back in December. Here is a link to my brief post on that editorial. In my view, there are a couple of points where Hardt's position diverges from the CDF statement. First, Hardt takes the view that the pvs condition itself is "a fatal pathology." The real "problem" is that these patients won't die soon enough. Second, he seems to subscribe to a dualistic understanding of the person. I think this is reflected in his (dismissive?) reference to "baseline biological existence." Third, I think Hardt makes the common mistake of regarding the life of the patient as "excessively burdensome" rather than focusing on whether the treatment is excessively burdensome. Fourth, despite Hardt's focus on pvs and his statement that the pvs diagnosis "affects only a miniscule number of patients," I think it is quite clear that his discussion (which turns on the subjective evaluation of the patients's condition) is not limited to pvs patients. His analysis is not incorrect because of that but we ought to acknowledge that his principle is not confined to a narrow situation.
I'll refer again to Mark Latkovic's clear analysis of the moral issues, and to my (less clear) treatment of these issues in connection with the Terri Schiavo case.
Richard M.
Scalia and the death penalty
I agree completely with Eduardo's recent post. I may not have made that clear when I briefly described Bob Fastiggi's article on this issue. Fastiggi's article is a critique of Justice Scalia's approach to this issue. Fastiggi takes the view (and I agree with this) that the teachings on the death penalty in EV and the revised Catechism are (although not definitively proclaimed) deserving the treatment set forth in Lumen Gentium 25--the religious submission of intellect and will. This requires more than respectful consideration. Charlie Rice, who wrote the entry on the death penalty for the Encyclopedia of Catholic Social Thought I recently co-edited, is here a better model than Justice Scalia. After EV and the revised Catechism were issued, Charlie changed his view on this topic.
Richard M.
Teaching Authority, Scalia, and the Death Penalty
In response to Richard's helpful cite, my initial reaction was the same as his. I thought Scalia was simply saying that the hierarchy's more recent teachings on the death penalty are noninfallible. But the more I considered his language, the less likely a reading of Scalia's comments that seemed to be. He does not say that the teachings are entitled to submission of the mind and will (obsequium religiosum), and the earlier part of his comments do not seem to reflect such a submission. Instead, he says that the hierarchy's statements on the death penalty are entitled to "thoughtful and respectful consideration." This strikes me as substantially less deferential. And it made me think that he was suggesting that the hierarchy's teachings on the death penalty reflect merely prudential judgments. Do you agree with that reading of his comments? If so, do you think such a claim is plausible as an interpretation of Evangelium Vitae or the Catechism's discussions of the death penalty?
Valuing Human Life, Revisited
There is an excellent article in the Jan. 21-28 issue of America. The title: Church Teaching and My Father's Choice. The author: John J. Hardt, who is an assistant professor of bioethics at the Neiswanger Institute for Bioethics and Health Policy at Loyola University Chicago's Stritch School of Medicine. Alas, the article is available only for subscribers. But here are some passages that may encourage you to track down the whole piece:
'IF I'M EVER IN A SITUATION where I'm permanently unconscious and unable to eat," says my father, "I'm begging you: Let me go. I don't want to be kept alive by a feeding tube." We are sitting at my parents' table on a pleasant Sunday morning, with advance health care directives sharing space with coffee cups and the newspaper.
I probe my father's reasoning about such an important decision: "What if I think you're able to recognize us, but you are unable to speak, communicate or engage us? What about end-stage Alzheimer's or Parkinson's, where you might stop eating on your own? You both know that doctors are rather certain that patients in a persistent vegetative state don't experience pain or discomfort, right?"
No response.
"What if I want to keep you alive in that condition?" I ask with a smile.
My father responds with a chuckle. "If there were a decent chance that I'd get better and everything else is working well, then I'd trust your judgment," he tells me. "Otherwise, the answer is no. Let me go!"
"But why," I ask, "if you're unaware of your own condition?"
"Because I know nam that I don't want to continue like that. What am I continuing for? With whom could I communicate? Whom could I love? Would I not have somewhere better to be, anyway?" My father's quip reflects our shared faith in Christ's salvific death and resurrection. "Let me go."
Real people bear both the grace and
the burden of thinking as the church does about the meaning of living
and dying. So it is with my still-living father's words in mind that I
think about a recent statement of the Congregation for the Doctrine of
the Faith concerning the morality of removing artificial nutrition and
hydration from a patient who lives in a persistent vegetative state. I
have my parents' power of attorney for health care, a decision they
made prompted by the publicity surrounding the Terri Schiavo case. I
now have a more personal stake in a discussion that had already engaged
me professionally, as a Catholic bioethicist teaching in a Catholic
medical school. It is now my responsibility as a son who cherishes his
parents to help ensure that the manner of their dying as Catholics will
be consistent with the way they lived as Catholics.....
My father, in our conversation at the kitchen table, for example, did not suggest any inclination to end his life prematurely. He does not seek a false sense of control over his dying that betrays the truth of our Christian narrative, namely, that suffering is constitutive of who we are as brothers and sisters of Christ and that the experience of dying, while possibly frightening and lonely, is ultimately identified with Christ's dying and redeemed in Christ's rising. But his judgment, informed by his faith, is that a massive neurological injury that leaves him permanently unconscious, unable to purposefully eat or swallow, would constitute in itself a fatal pathology, one that carries no obligation to persist any longer in that state.
When I consider my father's questions-"What am I persisting for? With whom could I communicate? Who could I love? Don't I have a better place to be?"-I hear faithful echoes of our Catholic tradition. That tradition consistently affirms that while biological life is an important value, it is not an absolute good. How should my father judge a future burden that is not his now and, were it ever to become his burden, he would not be able to judge?
Perhaps it is in the fourth exception noted by the C.D.F. that my father's thinking finds its voice. While the other three exceptions offered by the congregation focus on objective circumstances, this final exception simply notes those "rare cases" where artificial nutrition and hydration "may be excessively burdensome." This exception stands out because it comes with no modification. It simply holds open a possibility. While the C.D.F. does not offer any examples, it sounds to me like the condition my father described over our kitchen table.
My father's words tell me that he judged the maintenance of his baseline biological existence as a P.V.S. patient to be an excessive burden. It is a burden to him to know now that we, his family, would care for him in this condition for a prolonged period of time. It is a burden to him to know that he would be unable to engage in meaningful human activity. And, finally, it is a burden to him to think that his death from a devastating neurological injury was being held at bay by the insertion of an unwanted and, in his judgment, invasive feeding tube. My father believes that such a procedure would pose an unwanted and unnecessary obstacle to his next life in heaven, the end of a journey he began at birth, the fulfillment of a promise sealed in his baptism.
In other words, my father has judged that the burden of persisting in a vegetative state far outweighs the benefit of being sustained that way. This is, in my view, a very Catholic way of thinking, shared by other faithful Catholics, and consistent with Catholic tradition.
A Jesuit Martyr
"Alfred Delp, S.J., was hanged for high treason in Berlin-Plotzensee at the age of 37" writes Andreas Batlogg in the current issue of America. He could have avoided death - which came on Feb. 2, 1945 near the end of WWII - if he had renounced his Jesuit vows. As the execution drew near he wrote: "The real reason for my conviction is that I am and have remained a Jesuit. ... The atmoshere is so full of hate and hostility. The basic thesis was: a Jesuit is a priori an enemy and opponent of the Reich."
On Christmas Eve of 1944, a little over a month before his execution, he scratched the following words on his prison cell wall: "Let us trust life, since we do not have to live it alone, for God lives it with us."
Let us pray for all who despair, thinking that they are alone in this life. Despite his life at the hands of the Nazi's, Delp longed to live. Three weeks before his death, he wrote a friend: "It has become an odd sort of life I am leading. It is so easy to get used to existence again that one has to keep reminding oneself that death is round the corner. Condemned to death. The thought refuses to penetrate; it almost needs force to drive it home. The thing that makes this kind of death so singular is that one feels so vibrantly alive with the will to live unbroken and every nerve tingling with life."
As the world mourns the death of a highly successful but seemingly lonely movie star, as our 24 hour news cycle continually covers the destructive patterns in the lives of celebrities who seemingly have it all, and as we witness the despair, loneliness, and destruction in our own lives or the lives of those around us, may we be given the peace and the grace to say: "Let us trust life, since we do not have to live it alone, for God lives it with us."
Code Pink to "Seamless Garment Party": No thanks
The story is here:
"With regard to the war and this issue, it's very much the same thing," Liz Hourican, a Code Pink activist told Cybercast News Service. "This is about basic human rights - standing here and being able to take care of women. Take care of women first. This is my body. I should have the decision over my body." . . .
Hourican further said that the war in Iraq needed to end before the issue of abortion should be tackled. "So if we are really thinking about 'thou shall not kill,' let's close down the war machine first," she said.
When asked if she would join the pro-life cause once the Iraq war was over, Hourican, however, said no. She told Cybercast News Service she would be willing to educate people and work with family planning groups that want to help women.
Code Pink was formed in 2001, during the days leading up to the war in Iraq. A statement on the group's Web site says its goals include ending the war in Iraq, stopping new wars, and promoting "life-affirming activities." The Code Pink women outside the Supreme Court were dressed in bright pink clothing and carried large signs bearing pro-abortion messages.
(Yes, I know that a great many people who oppose abortion strongly do not oppose killings in war and that, in some cases, such people do not even seem to mind killings that all of us here at MOJ would think are immoral.)
