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 9, 2007

NYT Article on DS

I actually had a much more positive reaction than Rob to the NYT article on the grass-roots efforts of parents of kids with Down Syndrome to educate doctors & genetic counselors on the reality of D.S.  While the reporter did acknowledge the self-interest motivating parents, I thought she was rather forceful in articulating the larger questions, even daring to give credence to the suggestion that we might be talking about something "that can border on eugenics." 

Their goal, parents say, is not to force anyone to take on the task of parenting a child with disabilities. Many participants in the ad-hoc movement describe themselves as pro-choice. Yet some see themselves as society’s first line of defense against a use of genetic technology that can border on eugenics.

“For me, it’s just faces disappearing,” said Nancy Iannone, of Turnersville, N.J., mother to four daughters, including one with Down syndrome. “It isn’t about abortion politics or religion, it’s a pure ethical question.”

But then, of course, there's this:

Genetic counselors, who often give test results to prospective parents, say they need to respect patients who may have already made up their minds to terminate their pregnancy. Suggesting that they read a flyer or spend a day with a family, they say, can unnecessarily complicate what is for many a painful and time-pressured decision.

Suggesting that they READ A FLYER might be an unnecessary complication?????  Come on!! And why does the decision have to be time-pressured?  Did I miss something?  Have we enacted some time restrictions on abortions here in the U.S.?  This decision is time-pressured mainly because of the pressure that genetic counselors and doctors put on their patients to make this "painful" decision quickly.

   

Tuesday, May 8, 2007

90%

The New York Times reports on a grass roots effort by parents of children with Down syndrome to educate obstetricians and other prenatal counselors on the value of their children's lives.  The article reports that 90% of pregnant women who are given a Down syndrome diagnosis choose to have an abortion.  While the reporter acknowledges some nuance to the issue, she appears to presume that the parents are motivated simply by concern for their own children:

The parent evangelists are driven by a deep-seated fear for their children’s well-being in a world where there are fewer people like them. But as prenatal tests become available for a range of other perceived genetic imperfections, they may also be heralding a broader cultural skirmish over where to draw the line between preventing disability and accepting human diversity. . . .

A dwindling Down syndrome population, which now stands at about 350,000, could mean less institutional support and reduced funds for medical research. It could also mean a lonelier world for those who remain.

This is undoubtedly the motivation for many parents.  But the experience of Down syndrome parents, I imagine, could also drive them to speak on behalf of unborn children with Down syndrome not as statistics for increased lobbying leverage, but as lives of value, period.

We are just seeing the tip of the iceberg, of course.  The London Times reported on Sunday that fertility clinics in the UK have received permission to begin screening embryos for "severe cosmetic conditions."

Men for Some Seasons

Over at First Things, James Kerian offers a not entirely convincing criticism of U.S. bishops for, according to Kerian, being more vocal in challenging immigration laws than abortion laws:

It seems unlikely that the American bishops would conclude that our legal code’s allowance of the unrestricted murder of unborn children is somehow more practical, less antiquated, or more in line with “the fundamental rights of persons” than our immigration policy. There must, therefore, be some reason for their new approach to civil authority.

Two rather implausible reasons have been offered to explain this position of the USCCB. Illegal immigrants are overwhelmingly Catholic; some people speculate that there will be some financial benefit to the Church from their continued presence. Alternatively, after the recent publicity over the denial of Communion to certain high profile pro-abortion liberals, some see the immigration issue as an opportunity for the Church to demonstrate its political neutrality. But both of these explanations seem rather unsatisfactory. Despite the abuse scandal, most of the dioceses in America are not in financial duress. And with the positions each has taken on global warming, the minimum wage, and the war in Iraq, neither Cardinal Mahony nor the USCCB is in any need of further demonstrating independence from the political right.

It seems far more likely that after over three decades of succumbing to cultural pressure, our clergy are simply eager to show their courage in the face of the law on the first safe issue that has presented itself. It is far easier for my local pastor in rural North Dakota to demand open borders in Arizona than to demand the rejection of contraception here at home. And even in border dioceses, it is far easier to take a stand on an issue that will earn plaudits from the media, and immigrants rather than on an issue that will earn only the silent thanks of unborn infants. If one is going to stand up to the law, it may as well be a law that many people already ignore.

The Kids Are Alright

In a new survey, Californians from age 16 to 22 were asked "What do you consider the most pressing issue facing your generation in the world today?"  The most common answer given -- over economic issues, drugs, Iraq, global warming, violence, racism -- was "family breakdown."

With enemies like this, who needs friends?

Rudy Giuliani sure has a funny way of showing his "hatred" of abortion.

Liberation Theology

In response to Richard, I think the concerns about doctrine, while important, largely misunderstand the significance of liberation theology, which can only be understood in light of the historical relationship between the Church and longstanding structures of injustice in Latin American society. 

I think it's impossible to know anything about how the Church has historically buttressed the ruling classes in  these highly unequal, racially stratified and unjust societies and deny that a theology emphasizing the need for the Church to work on behalf of the legitimate demands of those at the bottom for fundamental social change, and the relevance of those demands for how we understand the Gospel message (and vice versa), constituted something genuinely new and valuable.  And this quite radical shift in the perceived role of the Church in some of these societies flowed directly from the novel, bottom-up methodology of liberation theology I described.  That this change in the method of producing theology would yield substantial changes in content is not all that surprising.  The Church has a limited amount of political capital, and I think a theology done by someone living and working among the poor in, say, the slums of Lima, Peru,  will provide some different answers about how to spend that capital than one formulated by a well-fed, well-housed cardinal at the Vatican or by Michael Novak for that matter. (It's worth noting that, in addition to questions of Marxist influence and doctrinal purity, it was this bottom-up approach that sparked a great deal of criticism from Ratzinger in the 1980s.)

I think you're right that the social message of liberation theology is not wholly original.  I think you'll find, though, that LT  concepts like the "preferential option for the poor" and "structural sin," which became common in the encyclicals of John Paul II, were largely absent (at least in such explicit form) from authoritative documents before the rise of liberation theology.  This seems to me to point towards the theology having made a genuine contribution to the development of the Church's social doctrine.  But I think the key innovation is the priority LT places on combating structures of economic injustice, particularly in the context of Latin American society.  This was surely new and remains vital.  I also think you're right that the key question is how to go about restructuring society to improve the situation of the poor, although I suspect we would differ on what the evidence suggests are the most appropriate strategies.  (FWIW, Michael Novak's laissez faire musings on this topic are, in my view, much farther outside the mainstream of Catholic social thought that almost anything Gustavo Gutierrez has written.)

On a side note, (this is not directed at Richard but at the critics to which he refers) it's funny to me how liberation theology's insistance that the Church involve itself in demanding that governments address moral issues associated with economic justice somehow represent an inapproriate politicization of the religion, while the Church's many efforts to combat communism in Poland and elsewhere or to demand that governments address moral issues associated with, say, abortion and homosexuality, are not.

liberation theology

Thanks to Eduardo for the post on the Ny Times article on liberation theology. I thought it was interesting that the article doesn't say much about the theological aspects of the movement. The theology of the movement was the Vatican's concern in the recent document relating to the works of Father Jon Sobrino SJ. That document, contrary to what the Times suggested, was a doctrinal and not a disciplinary document. The Vatican made it clear that the preoccupation with the poor and the oppressed is shared by the whole Church. The theological elements that the Vatican has criticized go to the core of the Christian message. The Explanatory Note accompanying the Notification states that Father Sobrino's "methodolgical errors give rise to conclusions which do not conform to the doctrine of the Church in certain key areas: the divinity of Jesus Christ, the Incarnation of the Son of God, the relationship of Jesus with the Kingdomof God, Jesus' self-consciousness, and the salvific value of Jesus' death."

The concern for the poor expressed is admirable. The practical strategies of the liberation theologians, though, should be judged by practical concerns (Will it Liberate? was the title of a book by Michael Novak on liberation theology that suggests the proper focus). The concerns that many have about liberation theology are its heterodox understanding of theology and its tendency to equate arguable political programs with the Gospel.

Maybe Eduardo could explain a bit more about why he thinks the theological aspects of the movement are so creative.

Richard M.

 

Monday, May 7, 2007

Conference on Women's Leadership

Now HERE's a great-sounding conference, brought to my attention by my colleague, Teresa Collett.  An attempt to address the dearth of women in leadership positions?  And it's in Rome . . .  in June . . . Registration open until May 15.

From June 11-20, 2007, the Institute for Higher Studies on Women at the Pontifical Athenaeum Regina Apostolorum, in collaboration with the European University of Rome, will be presenting the summer course “Women’s Education and Leadership for a Better Society.”

Objective:To offer the elements necessary for fostering “feminine leadership” conducive to a society which promotes the dignity and integral development of every human being.

Program:The course consists of four seminars, which provide an international panorama of women’s reality and their opportunities to make a positive impact in their varied surroundings.

NY Times on Liberation Theology

Here's an interesting article from the front page of today's Times on the persistence of Liberation Theology.  This persistence should come as no surprise.  As the article says, in the years since Cardinal Ratzinger began his (let's say) "encounter" with liberation theology, "the social and economic ills the movement highlighted have worsened." 

The simple fact is that Liberation Theology will not and cannot die because it represents the legitimate aspirations of the poor (in Latin America and elsewhere) and because the message of liberation (spiritual, but also political and economic) is too deeply embedded in the Bible to ignore.  This theology will either persist within the Church, on the margins of the Church, or (if need be) outside the Church.

Obviously, Liberation Theology's social science has changed over the years.  No more Marxist analysis.  This is obviously a good thing, but I don't think jettisoning Marxist frameworks fundamentally changes the substance or significance of Liberation Theology.  Marxism was never really essential to Liberation Theology, conservative critics notwithstanding. Liberation Theology is fundamentally a methodology:  doing theology in light of concrete work with and on behalf of the poor.  As long as theologians continue to engage in this reflection in light of liberating praxis, they will continue to produce theology that challenges the priorities of the institutional Church, which is committed to (and organized around) a fundamentally different model.  This will inevitably lead to tension, and at times even conflict.  But this tension can be a positive thing, and, at the end of the day, I think there's room for both models.

Infrastructures and Religion

I am largely in agreement with Rick concerning Prof. Jack Balkin’s thoughts about religious exercise and developing infrastructures. Generally, I do not see a Constitutional issue, i.e., the establishment of religion, if the State grants certain protections or privileges to religious groups and organizations that are denied to certain other organizations or groups. However, I am apprehensive about the State instructing, directly or indirectly, churches through the mechanisms of “infrastructures.” But worrying about the role of the State is not the only concern that I have. The citizenry is much in need of sound and objective education about the proper role of religion in public life, for they, too, can and do have a voice in defining what these infrastructures might be. Yesterday’s Boston Globe had several letters to the editor that could relate to such matters. One letter writer, Ms. Jennifer Kelley [HERE] was highly critical of a previous letter written by a Catholic priest in response to an Ellen Goodman op-ed essay (“Trumping Women’s Rights”) discussing Gonzales v. Carhart. In Ms. Kelley’s view, “[r]eligious fables have no place in political debates” regarding her decisions about personal health and welfare. I pray that Ms. Kelley’s harsh rhetoric will not deter the Church in its important role in public discourse on any pressing issue of the day—with or without the presence of infrastructures.   RJA sj