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, May 2, 2006

The Church, Condoms, and Aids

Thank your Richard, Michael P, and Eduardo for your discussion on the Church, Condoms and AIDS, here, here, and here.  A year ago I blogged on the subject here.  I struggled for years to understand and accept Humanae Vitae, but for the past several years I have viewed it as a prophetic encylical.  Denver's Archbishop Chaput wrote a beautiful pastoral letter on the 30th anniversary of HV, putting the teachings of HV into more readable language.  In short, I fully accept the Church's teaching in HV.

At present, I too, fall on the side of thinking that the Church could, without changing its teaching on human sexuality, approve the use of condoms in the AIDS situation where the subjective purpose of the condom use is to prevent the spread of the disease and not pregnancy prevention.  One of the marital goods is the unitive aspect of marriage, which but for the disease would and should include sexual intercourse.  Whether the Church should, as a matter of prudential judgment, approve the use of condoms in this situation is a different question altogether and one that I am not competent to answer.

I am interested in hearing from our readers, particularly theologians and philosophers, on the question of whether the Church could, consistent with HV, approve the use of condoms to prevent the spread of disease (in or outside of marriage).  I look forward to learning.

Michael S.

Calculating the Harms

Thanks to Richard for his interesting response.  I guess I was wrong to assume the fourth factor was the easiest one.  Richard says:

Regarding evil effects: Even if we were to assume that there is no objective evil in avoiding pregnancy during intercourse as long as this effect is not subjectively intended (something which I doubt), there remains the complex but real evil of giving "scandal" both in the act of using a condom and in the teaching that this is permissible.

On the point of the lack of evil of avoiding pregnancy without subjectively intending it, I'm confused by Richard's doubts.  How would the contrary view (that this is in fact an evil) be reconciled with the Church's endorsement of the rhythm method (which is frequently touted in terms of its effectiveness at avoiding -- oops, I mean "spacing" -- pregnancies) and, perhaps more on point, the therapeutic use of oral contraceptives?

On the question of the other harms, I'm not sure I see the scandal of a new teaching here.  (In fact, in light of the permissibilty of the therapeutic use of oral contraceptives, I'm having trouble understanding a clarification in this area as a wholly "new" teaching.)  In any event, the context of married couples where one has HIV is pretty circumscribed.  Personally, I'm more scandalized by the thought that such a couple would be taught that it is prohibited to use a condom, knowing that they will likely have unprotected sex and transmit the HIV virus to the uninfected partner (usually the woman).

I suppose I agree with Richard that the DDE should include a requirement to use the least harmful means to achieve a good end, though I don't think that is a traditional element of the doctrine.  Michael Walzer, for one, has proposed it in his discussions of ius in bello, and it seems reasonable to me.

UPDATE:  In response to Michael's helpful post, I should clarify that this question only makes sense in the context of an assumption that Humanae Vitae is correct.  I, too, disagree with HV and only pose the question because it seems to me a very plausible use of the (much abused) doctrine of double effect, even for those who accept the traditional teaching. 

Another Response to Eduardo

My understanding of the controversy has been greatly clarified by reading some pieces that co-blogger Richard Myers has kindly called to my attention.

The principal problem with Eduardo's argument, for those who affirm the teaching of Humanae Vitae, is Eduardo's first premise, that "the act itself must be morally good or at least indifferent."  For the position that condomistic sexual intercourse is always morally bad--in particular, that it is morally bad even when ex hypothesi the wife and husband who engage in such sexual intercourse do so without any intent to prevent conception--see, e.g., William E. May, "Using Condoms to Prevent HIV," The National Catholic Bioethics Quarterly, Winter 2004, at 667-68;  Benedict Guevin, OSB, "On the Use of Condoms to Prevent Acquired Immune Deficiency Syndrome," The National Catholic Bioethics Quarterly, Spring 2005, at 37-39.

For the position that condomistic sexual intercourse is not always morally bad--in particular, that it is not morally bad when ex hypothesi the wife and husband who engage in such sexual intercourse do so without any intent to prevent conception--see especially Martin Rhonheimer,   "On the Use of Condoms to Prevent Acquired Immune Deficiency Syndrome," The National Catholic Bioethics Quarterly, Spring 2005, at 40-48.  Significantly, Father Rhonheimer is a priest of Opus Dei.  He does not dissent from the teaching of Humanae Vitae but afirms it; but he understands the teaching differently from the way that Father Guevin and many others understand it.

Note that if Rhonheimer is correct, the Vatican can change its position on the morality of the use of condoms by a married couple for the purpose of preventing the transmission of HIV without compromising the teaching of Humane Vitae.

[Not that anyone is interested in my position, but just for the record:  I do not affirm the teaching of Humane Vitae.  With John Noonan and Charles Curran (among others), I dissent from that teaching.]
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Response to Eduardo

Actually, I think the fourth criterion (proportionality) listed by Eduardo is the main stumbling block.

Regarding evil effects: Even if we were to assume that there is no objective evil in avoiding pregnancy during intercourse as long as this effect is not subjectively intended (something which I doubt), there remains the complex but real evil of giving "scandal" both in the act of using a condom and in the teaching that this is permissible.

It would seem that the good effect of avoiding AIDS might still count as a proportionate reason to permit such acts, but I'm not sure that this can enter the calculus. Implicit, I think, in testing the proportionality of good and evil effects is the necessary linkage between the two. Here, since abstinence achieves the good effect of avoiding AIDS without the above-mentioned evil effects, it would seem that AIDS does not enter the double effect calculus of proportionality.

However, another good effect does enter the calculus: the good of marital relations. Particularly if we took an old-fashioned approach and called such relations a marital "duty", it would seem that the good effect of such relations might counter-balance any evil effects of scandal. But that's a very difficult empirical judgment of prudence.

Yet even if the use of a condom here were not held to be justified under double effect principles, I would think it could still count a "lesser evil". "Lesser evil" analysis, I believe, is used to justify preferring a lesser evil, where the fact that it is an evil has been made clear and where there is no realistic prospect of avoiding all evils. If abstinence is taken off the table, because spouses will insist on sex, it seems to me that the other spouse could legitimately demand or use a condom to protect herself. Even if this remains an evil, which Eduardo argues cogently it may not be, it seems to me clearly the lesser evil. The real problem comes in making these complex matters clear to the laity without causing the deep scandal of appearing to revise basic Catholic teachings.

Condoms and HIV

Reflecting on that NY Times article this morning, it occurred to me that I couldn't think of a good reason why  the doctrine of double effect doesn't permit the use of condoms to prevent the transmission of HIV within marriage.  According to the New Catholic Encyclopedia, the doctrine of double effect requires the following:

  1. The act itself must be morally good or at least indifferent.
  2. The agent may not positively will the bad effect but may permit it. If he could attain the good effect without the bad effect he should do so. The bad effect is sometimes said to be indirectly voluntary.
  3. The good effect must flow from the action at least as immediately (in the order of causality, though not necessarily in the order of time) as the bad effect. In other words the good effect must be produced directly by the action, not by the bad effect. Otherwise the agent would be using a bad means to a good end, which is never allowed.
  4. The good effect must be sufficiently desirable to compensate for the allowing of the bad effect”

Couldn't the person engaged in such a use argue that they are using condoms to block the passage of the HIV virus, not to prevent procreation (i.e., the passage of the sperm)? 

The only one of the four conditions that seems to even remotely present a problem is the first one.  I suppose someone will argue that donning a condom is intrinsically evil, but that seems incorrect to me.  It's the blocking of the sperm that the Church has taught is evil.  I'd imagine that the Church would have no objection to the use of a porous condom (one that permitted the passage of sperm), perhaps used in order to prolong the sexual act.  Presumably, if a condom were available that could somehow blocked the HIV virus but not sperm, the Church would condone it without hesitation.  Moreover, as I understand the official teaching (I'm sure someone will correct me if I'm wrong), the Church permits the use of oral contraceptives for therapeutic purposes.  The use of condoms to prevent the spread of HIV seems analogous to me.

The second requirement is easily satisifed by the use of condoms to prevent the spread of HIV and without contraceptive intent for the reasons stated above.  That is, I'm assuming the correct state of mind (i.e., a willingness to use my hypothetical high-tech condom were one available and a mere acceptance of contraception as a side-effect).

The third requirement seems to be easily satisfied since the spread of HIV is prevented by the same mechanism that blocks the passage of sperm (i.e.. a latex barrier), and  not (intermediately) by the blockage of the sperm itself.  Unless I'm misunderstanding the science of this, it would be possible (though not techincally feasible given current technology) to separate the healthy sperm from the virus in the semen and to allow the former to pass (thereby permitting procreation) without the risk (or with a greatly diminished risk) of spreading HIV.

Finally, I assume we'd all agree that the fourth criterion is satisifed.

Thoughts?

Monday, May 1, 2006

Democrats and "the Common Good"?

Michael Tomasky, writing in The American Prospect, argues that the Democrats' critiques of Bush policies, and their proposals of their own, need to be organized around the idea of "the common good."  One can surely debate Tomasky's broad claim that Republican-led government has been all about trashing the common good -- although in several places the critique seems undeniable (lobbying corruption and rubber-stamping of business lobbies, creation of a Medicare prescription program that boosts the deficit by deferring to drug company pricing, leaving the compassionate conservatism programs underfunded while emphasizing high-income tax cuts, etc.).  But setting aside that debate, the "common good" is certainly a theme that all of us interested in CST could welcome more of in our politics, no? 

Noam Scheiber in The New Republic likes the idea but points out the two major obstacles to it.  First, under pressure from global competition, "business junked the common good when it became unaffordable and replaced it with rabid libertarianism"; and "[n]ow that business has spent the last 40 years undermining the idea of shared economic interests, it has become much, much harder to sell economic policies to voters in common-good terms."  To make that sell, one would have to be consistent, "making the common good the animating idea behind pretty much everything the Democratic Party does: economics, social policy, foreign policy."

Which raises the second problem, "the biggest sticking point in this whole discussion" (Scheiber) -- that the left has succeeded on cultural issues by appealing to, and further entrenching, libertarian attitudes:

The reason abortion activists favor the language of privacy rights (e.g., "keep the government out of your bedroom,") isn't that they're stuck in a 1960s mindset. It's that this language is really, really useful for preserving access to abortion. . . .

[But] the Democratic Party can't very well project a communitarian image if teams of liberal activists are running around the country insisting on keeping the government out of your bedroom. The dissonance is too loud.

Or take end-of-life issues, like the debate over removing Terri Schiavo's feeding tube. The polling on the matter heavily favored the libertarian position--i.e., keeping the government out of the decision. But, again, if the party's trying to cultivate a more communitarian image, then it probably needs to argue that the government does have a role to play here. . . .

The bottom line is that, when it comes to hot-button cultural issues, it's probably always politically advantageous for Democrats to toe a libertarian line (keep the government out of your personal life). In the case of abortion, it may be the only way to keep the procedure widely available in some parts of the country. The problem is that doing so undercuts the broader common-good patina Tomasky wants to encourage.

And this ultimately takes us back to a problem I think you all have discussed previously, before I joined up.  If Republicans win by saying you get to keep your money, and Democrats win by saying you get to keep your sex, how can a party or political movement win by saying both of these freedoms are limited by the common good?

Tom

AIDS, Condoms, and the Magisterium

[This is worth reading in full.]

New York Times

May 1, 2006

Debate Over Condoms and AIDS Tests the Pope

ROME, May 1 — Even at the Vatican, not all sacred beliefs are absolute. Thou shalt not kill, but there is still "just" war. Now, behind the quiet Vatican walls, a clash is shaping up between two poles of near-certainty: the church's long-held ban on condom use and its advocacy of human life.

The issue is AIDS. Church officials recently confirmed that Pope Benedict XVI has requested a report on whether it might be acceptable for Catholics to use condoms in one narrow circumstance: to protect life inside a marriage when one partner is infected with the HIV virus or is sick with AIDS.

Whatever the pope ultimately decides, church officials and other experts broadly agree that it is remarkable that so sensitive an issue is being taken up. But they agree that such an inquiry is logical, and particularly significant from this pope, who as Cardinal Joseph Ratzinger was Pope John Paul II's strict enforcer of church doctrine.

"In some ways, maybe he has got the greatest capacity to do it because there is no doubt about his orthodoxy," said Jon Fuller, a Jesuit priest and physician who runs an AIDS clinic at the Boston Medical Center.

The issue has surfaced repeatedly in recent years as one of the most complicated and delicate facing the church. For years, some influential cardinals and theologians have argued for a change for couples affected by AIDS in the name of protecting life, while others have fiercely attacked the possibility as demoting the church's long advocacy of abstinence and marital fidelity to fight the disease.

The news broke just after Benedict celebrated his first anniversary as pope, a relatively quiet year with few concrete papal acts. But he devoted his first encyclical to love, specifically between a man and a woman inside marriage.

Indeed, with regard to condoms, the only change being considered, according to reports, is in the specific case of a married couple. But any change, however narrow, would be unpopular with conservative Catholics, some of whom have already expressed disappointment that Benedict has displayed a softer face than Cardinal Ratzinger did as defender of the faith.

"It's just hard to imagine that any pope — and this pope — would change the teaching," said Austin Ruse, president of the Culture of Life Foundation, a Catholic-oriented advocacy group based in Washington that opposes abortion and contraception.

It is too soon to know where the pope is heading. Far less contentious issues can take years, to inch through the Vatican's nexus of belief and bureaucracy, prayer and politics.

The office of Cardinal Javier Lozano Barragán, the pope's top aide on health care issues, and other Vatican officials last week declined requests for interviews about the subject, and the news reports have been contradictory except to confirm that the pope has asked for such a review.

Cardinal Lozano Barragán was quoted in the newspaper La Repubblica as saying that Benedict made the request two months ago, as part of a broader examination of bioethical issues. "My department is carefully studying it, along with scientists and theologians entrusted with drawing up a document about the subject, which will soon be made known," he was quoted as saying.

He backtracked slightly a few days later: "We are in the first stage," the cardinal told the Zenit news agency. Would there be a document? "There might or might not be."

The debate has two levels: one on moral theology and church doctrine, the other public relations and politics. Many factors are driving the debate: The church is experiencing its greatest growth in Africa, which has the most severe AIDS problem. Much health care in Africa is provided by Catholic charities, whose workers, barred from providing condoms, have often spoken of being torn between church doctrine and the need to prevent disease.

More broadly, critics of the current Vatican policy say it is hard for the church to remain consistent on "life" issues, like its opposition to abortion and euthanasia and the death penalty, when condom use can help prevent the spread of AIDS.

But there is a deep vein of feeling against any change. Some oppose any perceived erosion of Humanae Vitae, the 1968 encyclical that banned artificial contraception, while other opponents say approving condoms for AIDS prevention might be interpreted as a wider acceptance of their use.

"That will be picked up as 'Church O.K.'s condoms,' and that would seem to undermine the whole church teaching on sexuality and marriage," said Brian Johnstone, a moral theologian at the Alphonsian Academy in Rome.

The debate was reopened, in public at least, in a long exchange between Cardinal Carlo Maria Martini, the retired archbishop of Milan and an influential thinker in the church, and the Italian bioethicist, Ignazio Marino, in April in the newsweekly L'Espresso.

"Certainly the use of prophylactics can, in some situations, constitute a lesser evil," Cardinal Martini said. "There is, then, the particular situation of spouses, one of whom is affected by AIDS."

But he recognized arguments against the church making any such official statement, saying, "The question is really if it is wise for religious authorities to propagandize in favor of this method of defense, almost implying that the other morally defensible means, including abstinence, should be put on a secondary plane."

The moral arguments stretch back nearly two millennia, to the idea that the church has a responsibility, in difficult moral cases, to advocate the "lesser evil."

"It is not considering that using a condom is morally good or right," Father Johnstone said. "You are simply trying to persuade that person to do the lesser evil — but it is still considered evil."

There are other related arguments: One is of "self defense," in which an uninfected partner could demand condom use to protect against infection. Another is that using a condom against AIDS could be considered medical intervention rather than contraception.

But the "lesser evil" argument is not universally accepted among Catholic thinkers, and the theology is complicated. Among many other issues, there is the user's intent: whether it is possible to use a condom without the intention of contraception.

"Putting on a condom is clearly something someone chooses," the Rev. Thomas Berg, an ethicist and director of the Westchester Institute, an institute for Catholic studies in New York, said by e-mail.

"And to do so in sexual relations, even if one's purpose is not to contracept, but merely to stop the spread of disease, one would still be opting for something that drastically disorders those sexual relations," he added. "And this, the church has taught to be immoral."

Echoing other conservative voices, Father Berg said he believes that, in the end, Benedict will make no changes but use the debate to "vigorously re-endorse ethically acceptable answers to the AIDS crisis, namely, the virtue of chastity and abstinence."

But others point to what they say is Benedict's capacity to surprise, using the shorthand of "Nixon-in-China" to make the case that a hard-liner could, without reversing church doctrine, more easily make such a change.

A change would address a relatively small part of the problem since most transmission of AIDS is not between married couples. But if Benedict did so, "it will have a huge influence," said Rebecca Schleifer, a researcher on AIDS issues for Human Rights Watch, though that influence may be exactly what many in the Vatican fear.

She and other experts said it could help break down resistance to condom use in places like the Philippines or parts of Africa where Catholic officials or clerics have a large influence.

"The church taking a step forward in saying, 'They do work and we believe in them in this situation,' is important to help protect the lives and health of millions of people around the world," Ms. Schleifer said.
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The Babe Hits One For the Ascension of Our Lord!

Crossposted from dotCommonweal

Even though our Holy Mother Church requires exclusive fidelity, I must confess that I also worship at another church -- the Church of Baseball. I am thus always delighted when I hear a story that somehow unites those two devotions. On September 4, 1923 Babe Ruth played a nine-inning game at old Shibe Park against the old Philadelphia Athletics, hopped in a car, and went to a working class neighborhood  in North Philly, where he played another nine inning game in the uniform of the Ascension of our Lord parish team to help raise money for the parish's new ballfield. The event was a great success -- over 10,000 people attended, and enough money was raised to pay for the field. Babe not only played the whole game, he lingered afterward to sign autographs and to hit fungoes to the kids. The Babe may have been a great sinner (assuming his hot dog consumption constituted Gluttony), but I hope his many charitable acts earned him some heavenly recompense. Read the whole story  here http://www.philly.com/mld/inquirer/14469178.htm

--Mark

Rates of gay marriage

Maggie Gallagher's organization has issued a report finding that few gay couples are getting married in jurisdictions where same-sex marriage is available:

What proportion of gays and lesbians choose marriage where it has been available? The highest estimate to date of the proportion of gays and lesbians who have married in any jurisdiction that permits it is 16.7% (Massachusetts). More typically, our survey of marriage statistics from various countries that legally recognize same-sex unions suggests that today between 1% and 5% of gays and lesbians have entered into a same-sex marriage. In the Netherlands, which has had same-sex marriage as a legal option for the longest period (since 2001), between 2% and 6% of gays and lesbians have entered marriages.

Dale Carpenter comments:

As to the harm gay-marriage opponents claim will be produced, it's even harder to see how this tiny fraction of a tiny fraction of the population will cause any practical harm to existing marriages or to marriage as an institution. It's true that a low rate of marriage among gays would mean fewer benefits from recognizing same-sex marriages, but it would also mean correspondingly fewer potential harms caused by the existence of such marriages (such as the modeling of bad marital behavior by nonmonogamous gay male couples).

Of course, if you believe that a "change in the definition of marriage" to include same-sex couples is itself harmful to marriage then marriage will be worse off even if no gay couple actually gets married — but then you didn't need this report to make your argument. To me, this definitional fear has always seemed far too abstract to count for much.

Rob

Catholic Intellectual Tradition and the Present Age

During the past year, I have had the privilege of reading many thoughtful contributions posted on MOJ concerning the role of the Catholic intellectual tradition in general and, therefore, CLT on the law in particular. Moreover, I have had the honor to participate in several of these discussions and friendly debates. Recently, I have been reading two important works that have made me reconsider the topic of the Catholic intellectual tradition in general and its application to the law in particular. These two works are John Tracy Ellis’s essay “American Catholics and the Intellectual Life” published in the fall of 1955 in the Fordham University sponsored publication Thought. The second work is a book by Alice Hogge entitled God’s Secret Agents—Queen Elizabeth’s Forbidden Priests and the Hatching of the Gunpowder Plot, published last year by Harper Collins.

In the context of the fundamental purpose of MOJ and the development of CLT, these readings have prompted two questions that I should like to begin exploring. The first is this: is a dark history that has challenged the Church and its extraordinary contributions to public life being repeated today, in Western culture—including the U.S.? If the answer to this question is yes, what role, if any, does CLT have in offering some remedy?

Throughout its history, the Church—the People of God—has undergone critiques that have led to persecution and suppression. From martyrdom in Rome to anti-Catholicism of the present age, the Church has had to deal with those in a surrounding culture who not only disagreed with its teachings but attacked its members in a variety of ways in efforts to stop the Church’s influence on the surrounding culture. In the past, this has led to martyrdom, be it in a Roman arena or at Tyburn; today, like in the age of Elizabeth I, it might include legislative efforts that target the Church and its members by placing regulations of various sorts on institutions and individuals with such penalties and restrictions that life as a Catholic or existence as a Catholic institution may become too burdensome. In this context, we might recall efforts discussed in MOJ regarding financial reporting requirements, amending statutes of limitations, and claims about academic freedom on the campuses of institutions of higher learning that have a Catholic foundation.

The point that I am making here is that teaching about and cultivating the virtuous life that has been a part of the Catholic tradition since the Church’s beginning has often been viewed as a menace or threat to those who disagree with the Catholic perspective on many topics. Consequently, those who oppose or disagree with the Catholic voice pursue measures of various sorts to stamp it out or at least neutralize it. Often they do so by introducing countermeasures that reflect the caprice of the present age that might find favor with those not disposed to the Catholic perspective.

In the context of the Catholic academy, we have recently discussed the goings on at Notre Dame regarding the Monologues controversy and Fr. Jenkins’s response. During the past week on two other “Catholic” campuses, the majorities of their respective student governments have passed resolutions that defy the Church and its teachings. At one school, the student government passed a resolution demanding that the university student health center distribute condoms. At the other institution, the ultimatum is that the university recognize a pro-abortion advocacy group. In this latter context, the undergraduate government pointed to the university’s law school which allegedly has “an abortion rights group on campus.” One of the student legislators claimed that the American Bar Association “will not certify the law school if free speech for abortion rights activists is not allowed.” Therefore, “it’s hypocritical for undergraduate and graduate students not to be on the same page.” Araujo here: does the ABA mandate such a requirement? I question the basis of this student’s claim knowing that several law schools on Catholic campuses have recently denied recognition to local chapters of “Law Students for Choice.” But I digress.

Another illustration of the problem that affects the Catholic intellectual tradition on Catholic campuses is a betrayal of moral virtue. Last night I viewed an archived web cast of a recent presentation entitled “God and Morality in the Public Sphere.” I was looking forward to viewing this lecture and hearing the speaker; however, the introduction of the guest speaker by a student leader suggested that God and Morality do not belong in the public sphere when he said, tonight’s speaker “has spoken eloquently on separating morality and legality…” My hope that the speaker would take a different bearing was disappointed when the speaker commended the student leader and suggested that he would be elected to high public office, including Congress, “in a moment.” Araujo here once again: it strikes me that when laws are separated from morality, the positivist mind can dominate the legislative debate leading to the passage and enforcement of laws that can do terrible things to people—all quite legally, I hasten to add. But, again, I digress.

There is mounting evidence that today the Catholic perspective is being marginalized, even ridiculed on campuses that call themselves Catholic. In his 1955 essay, Ellis related a conversation he had with Arthur Schlesinger, Sr. in 1942 and how the latter informed Ellis that he regarded the “bias against [the] Church as the most persistent prejudice in the history of the American people.” Is it possible that this prejudice has found a home in, of all places, the Catholic university of the present day? When I recall the events I have described here that have taken place on Catholic campuses this spring; and when I recall the increasing number of Catholics graduating from Catholic campuses who enter public life and advocate positions contrary to Catholic teaching, I wonder what has happened to the intellectual tradition that is called Catholic?

So, my first question has been posed, and I have attempted to offer a response. But the second question brings some hope: what can the Catholic intellectual tradition of today do? Is this tradition alive? Indeed, it is on many campuses. Moreover, MOJ’s institution has provided some evidence that the remedial presence of this tradition on some campuses, both Catholic and not, is exercising a role in a wider venue as well. What is need is for the tradition to be acknowledged as the motivation and justification, the raison d’être, for the institution that claims to be Catholic. Both Fr. Ellis’s essay and recent discussions in MOJ have pointed to the importance of how the Catholic perspective can be marginalized when it is assumed, erroneously, that the success of the institution is really dependent on the number of dollars in its endowment or the academic and professional pedigrees of faculty whose sympathies for the Catholic intellectual tradition are either weak or do not exist.

In short, that is the good news. Should we be satisfied with what we have? I don’t think so, for there is much work yet to be done. It is clear that much of this labor consists of the time and energy-consuming project of present contributors to MOJ. But it is also the work of those who read MOJ; those who administer or support Catholic institutions of Catholic higher education; those who attend these schools; and those who send their children to them. With this in mind, the prejudices and persecutions of the past of which I have briefly spoken need be a part of history forever. This is the task of the Catholic intellectual tradition: to demonstrate to the world that the intellectual examination and cultivation of moral virtue, the work of discipleship, has a proper place not only in the Catholic academy but the world as well.    RJA sj