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.

Tuesday, December 12, 2006

Settlement of Human Trafficking Case

Kevin Johnson recently posted the following on the ImmigrationProf blog:

"In a story "Trafiicking Case ends for 48 Thai welders: A firm settles claims of immigrants who arrived on work visas and were forced into near-slavery" by Teresa Watanabe, the L.A. Times (Dec. 8) reports that federal authorities will announce a $1.4-million settlement in a case involving 48 Thai welders brought to California four years ago. The case, settled by the U.S. Equal Employment Opportunity Commission and Trans Bay Steel Corp. of Napa, represents what experts call the hidden face of human trafficking: migrant laborers legally recruited — largely from Asia and Latin America — but exploited and abused while here. Though most public attention about human trafficking has focused on women and children in the sex trade, experts say laborers constitute at least half of the approximately 16,000 people trafficked into the United States annually.  Click here to read the story.

Unfortunately, there have been increasing reports of human trafficking and involuntary servitude over the last decade.  As the U.S. government increased border enforcement operations in the mid-1990s, with Operation Gatekeeper in San Diego and Operation Hold-the-Line in El Paso, fees charged by smugglers to migrants seeking to unlawfully enter the United States increased from a few hundred dollars to a few thousand.  Some migrants have been forced to pay off smuggling debts through labor upon arrival in the United States.

As the L.A. Times story states, human trafficking is not simply a problem in the sex industry but a general labor market problem. ...

to read the rest of his post, click here.

My Reply to the Anonymous Reply

Here is my original post and here is the anonymous reply.  Here, now, my reply:

When I said that it was dismissive to refer to homosexual sexual intimacy with the word "sodomy"--or "anal intercourse", or whatever term my anonymous replier prefers--I meant that it was dimissive in the same sense it would be dismissive to refer to my wife's and my sexual intimacy with the term "vaginal intercourse".  Maybe "reductionist" would have been better--clearer--than "dismissive".

May I recommend, again, that interested readers take the time to purchase/read Sister Margaret Farley's new book, Just Love:   A Framework for Christian Sexual Ethics (2006).

Book Description
This long-awaited book by one of American Christianity’s foremost ethicists proposes a framework for sexual ethics whereby justice is the criterion for all loving, including love that is related to sexual activity and relationships. It begins with historical and cross-cultural explorations, and then addresses the large questions of embodiment, gender, and sexuality. Following this is a normative chapter that delineates the justice framework for sexual ethics. Though the particular focus is Christian sexual ethics, the framework is broad enough to have relevance for multiple traditions of sexual ethics. The remaining chapters focus on specific issues in sexual ethics, including same-sex relationships, marriage and family, divorce and second marriage, celibacy, and sex and its negativities.      

About the Author
Margaret A. Farley holds the Gilbert L. Stark Chair in Christian Ethics at Yale University Divinity School, where she has taught since 1971. She is a past president of the Society of Christian Ethics and the Catholic Theological Society of America as well as being a recipient of the latter’s John Courtney Murray Award for Excellence in Theology. She was a founding member of the Bioethics Committee at Yale-New Haven Hospital; director of the Yale Divinity School Project on Gender, Faith, and Responses to HIV/AIDS in Africa; and codirector of the All Africa Conference: Sister to Sister, which facilitates responses to HIV/AIDS on the part of Roman Catholic women in Africa. She is the author of Personal Commitments and Compassionate Respect, the Madaleva Lecture for 2002.

Sex and the Incarnation: A Reply to Michael P.

I received this from an MOJ reader:

“I was struck by Michael Perry's recent comment that referring to "homosexual intimacy" as "sodomy" amounts to dismissiveness.  This strikes me as getting things backwards.  I take it that one of the critiques of those who reject the Church's sexual teaching is that it is too abstract, not aware enough of the messy realities of human relationships and human loving.  But in their discussions of homosexual sex, it is precisely these people who retreat from the concrete, from the body, and offer only lofty abstractions that prescind from the real world.

In this season where we reflect upon the Incarnation, we do well to remember that we live not only in a realm of ideas but in the realm of the flesh.  Our bodies have a structure, and that structure reflects purposes that are not invented by one's will or imagination--I cannot turn my stomach in to a pancreas nor my eyes into a nose any more than I can turn my anus into a sex organ just by willing it to be so. 

The Church's understanding of human sexuality is one that attends to the physical facts of human bodies.  It attends to structure and purpose and seeks to learn from how we are built how we ought to behave so that we might flourish.  Therefore, it does not throw all of human sexual conduct under the rubric "intimacy" and thereby regard it as good.  Not all intimacies are equivalent, and having the intention to do good does not absolve one of having to reflect on the morality of the particular acts through which one fulfills that intention.  Thus, it is at least possible that some forms of homosexual intimacy, even when pursued out of the best of motives, might still be wrong.

I encourage Michael Perry and the theologians he finds compelling to reflect upon the fact that the “intimacy” they endorse entails using body parts in ways that they are quite obviously not intended to be used.  In this season of advent, I ask Professor Perry:  whose theology is more respectful of the human body his or the Church's?  Whose theology is more respectful of the Incarnation?  To make a plea for “intimacy” in an abstract form simply is not sufficient.  The Church does not teach that homosexuals may not be friends with one another.  It does not suggest that there are no forms of intimacy that may be engaged in by homosexuals even with those whom they love and would love intimately. 

It teaches, rather, that the act of physical sexual union is ordered by nature and nature's God toward procreation, an act which throughout human history has required male and female to come together.  It teaches that male and female are called to express and experience that most intimate physical union within the relationship of marriage, and that to engage in sexual relations outside of that relationship is to violate one's body.  This is a teaching that is hard, particularly in contemporary culture, to accept.  But it is a teaching most assuredly rooted in a theology concrete and Incarnational. 

To ignore the physical realities of certain forms of human intimacy, homosexual or heterosexual, is more dismissive of the persons involved than to discuss them accurately for what they are.  Those who argue that some people's bodies are called to express the gift of their sexuality through acts that are intrinsically cut off from procreation and complementarity, acts that have historically been called "sodomy" should defend these practices concretely, calling them by name: anal sex, mutual masturbation, and oral sex.  After all, this is not an argument for abstract intimacy but for certain kinds of intimate contact. The argument will require more than suggesting that those who think otherwise are dismissive of homosexuals; it will require more than noting (as if it were disputed) that homosexuals are loved by God, are capable of love, and are called to love.  These facts are not in dispute, and they are not dispositive.  Pace the theologians cited by Prof. Perry, the Church does not dispute that homosexual persons are called to flourish in a way that has integrity; rather, it imagines that its understanding of chastity is the most faithful to our created and received nature, whatever our sexual orientation might be.  It therefore believes that the acts themselves, not just the relationships within which they take place, matter. 

The idea that homosexual sexual activity is required, that a chaste homosexual person cannot be "integrated" without committing the physical acts that remain unnamed by those who defend them, is precisely what Michael Perry is called to defend.  The Church's teaching does not forbid integration, it does not deny that people can be constitutively homosexual, and it does not ask them to deny who they are.  Rather, it invites them to reflect on the possibility that a human life deprived of genital sexual activity can be integrative, can lead to flourishing, and can be holy.  The burden, then, is on those who dismiss this possibility, to explain why the acts they seek to justify but not name are required and are paths to holiness.”

Colbert on the Ecu-Menace

Shifting gears slightly from "Evangelicals and Catholics Together":  Check out Steve Colbert riffing on the Nicene Creed (at least, I *think* it's the Nicene Creed) in this bit about the Pope's recent visit to Turkey. 

The Human Person, the Heart of Peace

Here (thanks to Amy Welborn) is the text of the Pope's message for the celebration of the World Day of Peace.  This is from the conclusion, and connects nicely with some MOJ-explored themes:

16. Finally, I wish to make an urgent appeal to the People of God: let every Christian be committed to tireless peace-making and strenuous defence of the dignity of the human person and his inalienable rights.

With gratitude to the Lord for having called him to belong to his Church, which is “the sign and safeguard of the transcendental dimension of the human person”(9) in the world, the Christian will tirelessly implore from God the fundamental good of peace, which is of such primary importance in the life of each person. Moreover, he will be proud to serve the cause of peace with generous devotion, offering help to his brothers and sisters, especially those who, in addition to suffering poverty and need, are also deprived of this precious good. Jesus has revealed to us that “God is love” (1 Jn 4:8) and that the highest vocation of every person is love. In Christ we can find the ultimate reason for becoming staunch champions of human dignity and courageous builders of peace.

17. Let every believer, then, unfailingly contribute to the advancement of a true integral humanism in accordance with the teachings of the Encyclical Letters Populorum Progressio and Sollicitudo Rei Socialis, whose respective fortieth and twentieth anniversaries we prepare to celebrate this year. To the Queen of Peace, the Mother of Jesus Christ “our peace” (Eph 2:14), I entrust my urgent prayer for all humanity at the beginning of the year 2007, to which we look with hearts full of hope, notwithstanding the dangers and difficulties that surround us. May Mary show us, in her Son, the Way of peace, and enlighten our vision, so that we can recognize Christ's face in the face of every human person, the heart of peace!

Sloth vs. Greed?

Eduardo raises an intriguing question about the lack of "traction" in our culture for arguments that cast the dangers of working too hard in moral terms.  What about the vice of greed, or avarice, as the counterpart to sloth?  Surely greed could be understood more broadly than simply the desire for material wealth or gain;  wouldn't it also encompass the desire for power or admiration or control or SSRN downloads that motivates people to voluntarily work far more than the balance of obligations in most people's lives would naturally dictate?   I'd propose to add a pinch or two of "pride" and "idolatry" to the notion of greed.  What might we call that?

Lisa

GAY AND EVANGELICAL

New York Times
December 12, 2006

Gay and Evangelical, Seeking Paths of Acceptance
By NEELA BANERJEE

RALEIGH, N.C. — Justin Lee believes that the Virgin birth was real, that there is a heaven and a hell, that salvation comes through Christ alone and that he, the 29-year-old son of Southern Baptists, is an evangelical Christian.

Just as he is certain about the tenets of his faith, Mr. Lee also knows he is gay, that he did not choose it and cannot change it.

To many people, Mr. Lee is a walking contradiction, and most evangelicals and gay people alike consider Christians like him horribly deluded about their faith. “I’ve gotten hate mail from both sides,” said Mr. Lee, who runs gaychristian.net, a Web site with 4,700 registered users that mostly attracts gay evangelicals.
. . .

[O]ver the last 30 years, ... gay evangelicals have ... created organizations where they are accepted.

Members of Evangelicals Concerned, founded in 1975 by a therapist from New York, Ralph Blair, worship in cities including Denver, New York and Seattle. Web sites have emerged, like Christianlesbians.com and Mr. Lee’s gaychristian.net, whose members include gay people struggling with coming out, those who lead celibate lives and those in relationships.

Justin Cannon, 22, a seminarian who grew up in a conservative Episcopal parish in Michigan, started two Web sites, including an Internet dating site for gay Christians.

“About 90 percent of the profiles say ‘Looking for someone with whom I can share my faith and that it would be a central part of our relationship,’ ” Mr. Cannon said, “so not just a life partner but someone with whom they can connect spiritually.”

But for most evangelicals, gay men and lesbians cannot truly be considered Christian, let alone evangelical.

“If by gay evangelical is meant someone who claims both to abide by the authority of Scripture and to engage in a self-affirming manner in homosexual unions, then the concept gay evangelical is a contradiction,” Robert A. J. Gagnon, associate professor of New Testament at Pittsburgh Theological Seminary, said in an e-mail message.

“Scripture clearly, pervasively, strongly, absolutely and counterculturally opposes all homosexual practice,” Dr. Gagnon said. “I trust that gay evangelicals would argue otherwise, but Christian proponents of homosexual practice have not made their case from Scripture.”

In fact, both sides look to Scripture. The debate is largely over seven passages in the Bible about same-sex couplings. Mr. Gagnon and other traditionalists say those passages unequivocally condemn same-sex couplings.

Those who advocate acceptance of gay people assert that the passages have to do with acts in the context of idolatry, prostitution or violence. The Bible, they argue, says nothing about homosexuality as it is largely understood today as an enduring orientation, or about committed long-term, same-sex relationships.

For some gay evangelicals, their faith in God helped them override the biblical restrictions people preached to them. One lesbian who attends Pullen Memorial Baptist Church in Raleigh said she grew up in a devout Southern Baptist family and still has what she calls the “faith of a child.” When she figured out at 13 that she was gay, she believed there must have been something wrong with the Bible for condemning her.

“I always knew my own heart: that I loved the Lord, I loved Jesus, loved the church and felt the Spirit move through me when we sang,” said the woman, who declined to be identified to protect her partner’s privacy. “I felt that if God created me, how is that wrong?”

But most evangelicals struggle profoundly with reconciling their faith and homosexuality, and they write to people like Mr. Lee.

There is the 65-year-old minister who is a married father and gay. There are the teenagers considering suicide because they have been taught that gay people are an abomination. There are those who have tried the evangelical “ex-gay” therapies and never became straight.

Mr. Lee said he and his family, who live in Raleigh, have been through almost all of it. His faith was central to his life from an early age, he said. He got the nickname Godboy in high school. But because of his attraction to other boys, he wept at night and begged God to change him. He was certain God would, but when that did not happen, he said, it called everything into question.

He knew no one who was gay who could help, and he could not turn to his church. So for a year, Mr. Lee went to the library almost every day with a notebook and the bright blue leather-bound Bible his parents had given him. He set up his Web site to tell his friends what he was learning through his readings, but e-mail rolled in from strangers, because, he says, other gay evangelicals came to understand they were not alone.

“I told them I don’t have the answers,” Mr. Lee said, “but we can pray together and see where God takes us.”

But even when they accept themselves, gay evangelicals often have difficulty finding a community. They are too Christian for many gay people, with the evangelical rock they listen to and their talk of loving God. Mr. Lee plans to remain sexually abstinent until he is in a long-term, religiously blessed relationship, which would make him a curiosity in straight and gay circles alike.

Gay evangelicals seldom find churches that fit. Congregations and denominations that are open to gay people are often too liberal theologically for evangelicals. Yet those congregations whose preaching is familiar do not welcome gay members, those evangelicals said.

Clyde Zuber, 49, and Martin Fowler, 55, remember sitting on the curb outside Lakeview Baptist Church in Grand Prairie, Tex., almost 20 years ago, Sunday after Sunday, reading the Bible together, after the pastor told them they were not welcome inside. The men met at a Dallas church and have been together 23 years. In Durham, N.C., they attend an Episcopal church and hold a Bible study for gay evangelicals every Friday night at their home.

“Our faith is the basis of our lives,” said Mr. Fowler, a soft-spoken professor of philosophy. “It means that Jesus is the Lord of our household, that we resolve differences peacefully and through love.”

Their lives seem a testament to all that is changing and all that holds fast among evangelicals. Their parents came to their commitment ceremony 20 years ago, their decision ultimately an act of loyalty to their sons, Mr. Zuber said.

But Mr. Zuber’s sister and brother-in-law in Virginia remain convinced that the couple is sinning. “They’re worried we’re going to hell,” Mr. Zuber said. “They say, ‘We love you, but we’re concerned.’ ”

 

Monday, December 11, 2006

The Opposite of Sloth

Here's an interesting article about a new breed of executive, referred to in the article as "extreme workers," who eagerly work 70 hour weeks with little vacation.  In reading Catholic Social Teachings on labor (e.g., Laborem Exercens) for my CST class, I've often strugged to make its lessons relevant to a class full of future (usually highly paid) lawyers. 

Part of the problem is that the CST discussions wage and hour issues typically address the question of workers who work long hours in order to put food on the table.  Most of my students, however, are heading for the law firm world, where they will bill anywhere from 2200 to 3000 hours per year and work many additional non-billable hours and be well compensated for their sacrifice.  The question of what to say to workers who would volunteer to work overly long hours is, apparently, not something the encyclical writers have even considered.  But many of the harms identified in the CST writings as resulting from too much time at work -- e.g., not enough time for family, leisure, worship, or spiritual reflection -- are the same, whether the long hours are chosen or imposed by necessity. 

In our culture, the idea of too much work as a bad, even sinful, thing just has no traction.  Maybe it's our Calvinist heritage.  Or maybe it's that, while many sins are conceived as paired examples of excess (e.g., cowardice and foolhardiness), with virtue (courage) as the mean, I'm not sure there is a counterpart to the sin of sloth.  We would do a better job of discouraging people from working too hard, I've concluded, if we had a name for this sin and understood industriousness, like courage, as a mean.  My question is:  if there were, what would a good name for it be?

Iowa and Separation: Response to Eduardo

I agree completely with Eduardo (posting at the Commonweal blog) that "the dubious origins of the discourse of 'separation' do[] not mean that, as a substantive matter, the consequences of separation of Church and State" -- properly understood -- "are not as good for Church as they are for the State."  And, I agree entirely with him that we would do well to think long and hard before endorsing a program that involved "straight-up state funding for a program in which Catholic inmates can be browbeaten by evangelicals in order to receive more comfortable cells."  As I suggested in my earlier post, though, I remain skeptical that this statement fairly describes the operation and aims of the program.

Reading the comments to Eduardo's post over at Commonweal, I am struck by the antipathy that many smart, progressive Catholics seem to have toward the "Evangelicals and Catholics Together" movement.  My own experiences with thoughtful Evangelicals -- and, to be clear, I have had lots of experience with hard-core anti-Catholic Protestants -- makes it hard for me to join some of those commenters in dismissing the movement as merely involving a convenient political alliance relating to abortion and culture-wars issues. Of course it is true that Catholics and Evangelicals differ, on important things and in important ways -- even those of us born after the Council know this.  Still, I think it is a mistake to turn too quickly, perhaps because one just doesn't like Fr. Neuhaus's politics, against a movement that, perhaps, holds real ecumenical and evangelical promise.

Iowa Prison Story

Rick says:  For starters, the title -- "Religion for a Captive Audience" -- seems a bit misleading, since no inmates are required to participate in the "Inner Change" program or others like it.

This is true, as far as it goes, but one key question about this program is how many "others like it" there were.  My guess is that this is not some sort of open forum or school-vouchers-like program where anyone can open up shop to try out their own rehabilitation scheme.  Almost by definition, then, this cannot generate equal treatment, even on the most religion-friendly understanding of that question.  Only a favored few groups will be able to participate and the idea that the state would fund proselytizing by one of those select groups is fairly troubling. 

It's also worth noting that goods that seem trivial to those of us not in prison -- e.g., private toilets -- might well be viewed as extremely significant benefits to those inside.  As a consequence, there might be more than a trivial amount of pressure to at least give a program like this a try.