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.

Monday, January 23, 2006

Marty on Wills on Carter

Earlier today, I posted a link to Gary Wills on Jimmy Carter.  Now, here is Martin Marty on Gary Wills on Jimmy Carter.

Sightings  1/23/06

Celebrating Carter
-- Martin E. Marty

In weekly Sightings and biweekly "M.E.M.O" and Context, my regular outlets, readers may have noticed that I very rarely "do" presidents, especially sitting ones.  Today an ex-president comes into periscope range, since it's exactly a quarter of a century since Jimmy Carter left office.  It would seem to be a safe time to get distance on him.  Still, this "best ex-president we ever had" stirs slurs -- as in the weeks-ago Wall Street Journal's trashy trashing of his new bestseller, Our Endangered Values: America's Moral Crisis.  Carter the pol knows that politics is not a sport for the timid, and is used to the give-and-take of criticism, some of which he gives in his new book.

Having just finished co-directing a project at Emory University in Atlanta, I had several chances for close-up views again on this fellow retiree.  On two occasions he made public appearances to advance our project, so one might say I "have an interest."  My main interest, however, is to say that if I don't speak up once, in measured admiration and immeasurable gratitude, I'd be an ingrate.

Let his detractors say what they wish; Mr. Carter strikes me as someone who can be at ease with himself.  Millions of voters in scores of nations are better off for his (and his team's) monitoring of their elections.  Literally hundreds of thousands of the poor, especially in Africa, are alive and healthy, thanks to Carter-inspired ventures (for example, against river blindness and guinea worm infestation).

This is not the place to review Carter, but a review of Carter's book by Gary Wills, which concentrates so much on religion (as it has to if it wishes to "catch" the man), inspires some quoting and commenting.  Wills compares religion-in-politics in 1972, when he first tracked Governor Carter in Georgia, with politics-in-religion today.  One unavoidable theme, for Carter and Wills, is the 180-degree turn by the Southern Baptist Convention majority since Carter's younger years.  Such Southern Baptists "have become as authoritarian as their former antitype, the Roman Catholic hierarchy" -- something that grieves Carter, who grew up in the Convention back when Baptists were Baptists.  Now by their version of pushing religion into the public square they are doing the most un-Baptistic thing conceivable: asking "the state" to do much of "the church's" job.  Wills writes in the New York Review of Books, my citing of which will taint me, for "hanging out" with and quoting such sorts.  (His indictment, in the February 9 issue, merits reading.)

Wills says better than I could who Carter is, so I will quote from his conclusion: "Carter is a patriot.  He lists all the things that Americans have to be proud of.  That is why he is so concerned that we are squandering our treasures, moral even more than economic.  He has come to the defense of our national values, which he finds endangered.  He proves that a devout Christian does not need to be a fundamentalist or fanatic, any more than a patriotic American has to be punitive, narrow, and self-righteous.  He defends the separation of church and state because he sees with nuanced precision the interactions of faith, morality, politics, and pragmatism."

Happy 25th, President Emeritus and tenured post-retirement public servant.

[Sightings comes from the Martin Marty Center at the University of Chicago Divinity School.]
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The Church and Intellectual Freedom, cont'd

I appreciate Michael P.'s link to Luke Timothy Johnson's piece in the latest Commonweal.  I am not a theologian, nor am I as learned as Johnson.  There is much in his description of the vocation and mission of theologians that strikes me as important, even inspiring.  But, I do not accept (or, have not yet accepted) what seems to be his starting, factual premise, namely, that there is a "big chill" at work in the Church with respect to theology.  I just don't see it.  (Of course, this could easily be because I am not a theologian!)  I am a layman, but I try to follow the debates, and my impression is that it is just not the case that all but the scrupulously consonant with the Magisterium are being silenced, marginalized, or chilled.  Nor is it clear to me that to be concerned, as some (including some in CDF) have been, about the content of theology at Catholic universities and about "truth in advertising" is to mistakenly regard theology merely as "catechesis."  What am I missing?

GENOCIDE? IN 2006? "NEVER AGAIN" OR "ONE MORE TIME"?

If you're ignorant about what's happening in Darfur--or less informed than you should be--click here.  From the New York Review of Books, 2/9/06.  The introduction follows:

Genocide in Slow Motion

By Nicholas D. Kristof

During the Holocaust, the world looked the other way. Allied leaders turned down repeated pleas to bomb the Nazi extermination camps or the rail lines leading to them, and the slaughter attracted little attention. My newspaper, The New York Times, provided meticulous coverage of World War II, but of 24,000 front-page stories published in that period only six referred on page one directly to the Nazi assault on the Jewish population of Europe. Only afterward did many people mourn the death of Anne Frank, construct Holocaust museums, and vow: Never Again.

The same paralysis occurred as Rwandans were being slaughtered in 1994. Officials from Europe to the US to the UN headquarters all responded by temporizing and then, at most, by holding meetings. The only thing President Clinton did for Rwandan genocide victims was issue a magnificent apology after they were dead.

Much the same has been true of the Western response to the Armenian genocide of 1915, the Cambodian genocide of the 1970s, and the Bosnian massacres of the 1990s. In each case, we have wrung our hands afterward and offered the lame excuse that it all happened too fast, or that we didn't fully comprehend the carnage when it was still under way.

And now the same tragedy is unfolding in Darfur, but this time we don't even have any sort of excuse. In Darfur genocide is taking place in slow motion, and there is vast documentary proof of the atrocities. Some of the evidence can be seen in the photo reproduced with this essay, which was leaked from an African Union archive containing thousands of other such photos. And now, the latest proof comes in the form of two new books that tell the sorry tale of Darfur: it's appalling that the publishing industry manages to respond more quickly to genocide than the UN and world leaders do.

In my years as a journalist, I thought I had seen a full kaleidoscope of horrors, from babies dying of malaria to Chinese troops shooting students to Indonesian mobs beheading people. But nothing prepared me for Darfur, where systematic murder, rape, and mutilation are taking place on a vast scale, based simply on the tribe of the victim. What I saw reminded me why people say that genocide is the worst evil of which human beings are capable.

On one of the first of my five visits to Darfur, I came across an oasis along the Chad border where several tens of thousands of people were sheltering under trees after being driven from their home villages by the Arab Janjaweed militia, which has been supported by the Sudan government in Khartoum. Under the first tree, I found a man who had been shot in the neck and the jaw; his brother, shot only in the foot, had carried him for forty-nine days to get to this oasis. Under the next tree was a widow whose parents had been killed and stuffed in the village well to poison the local water supply; then the Janjaweed had tracked down the rest of her family and killed her husband. Under the third tree was a four-year-old orphan girl carrying her one-year-old baby sister on her back; their parents had been killed. Under the fourth tree was a woman whose husband and children had been killed in front of her, and then she was gang-raped and left naked and mutilated in the desert.

Those were the people I met under just four adjacent trees. And in every direction, as far as I could see, were more trees and more victims—all with similar stories.

[To read the rest, click here.]
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The President's March for Life address

Here is the text of the President's remarks, delivered by telephone, to the thousands gathered at the March for Life in Washington, D.C.  Here's a bit:

[W]e come from many backgrounds -- different backgrounds, but what unites us is our understanding that the essence of civilization is this: The strong have a duty to protect the weak. . . .

I appreciate so very much your work toward building a culture of life-- . . . a culture that will protect the most innocent among us and the voiceless. We are working to promote a culture of life, to promote compassion for women and their unborn babies.. . . We know -- we know that in a culture that does not protect the most dependent, the handicapped, the elderly, the unloved, or simply inconvenient become increasingly vulnerable.

Judge Alito, Justice O'Connor, and religious freedom

Shamelessness time:  I have an op-ed in today's USA Today, discussing the views of Judge Alito and Justice O'Connor on religious-freedom matters.  Here's a bit:

Alito is an eminently worthy successor to O'Connor. What's more, he is all the more fitting a replacement, given their shared commitment to what has been quite rightly called our "first freedom": The freedom of religion protected by the First Amendment.

Like O'Connor, Alito understands that our Constitution does not regard religious faith with grudging suspicion, or as a bizarre quirk or quaint relic. They both appreciate that, in our traditions and laws, religious freedom is cherished as a basic human right and a non-negotiable aspect of human dignity. This is why both jurists have occasionally come under fire from activists who misunderstand the "separation of church and state."

Our Constitution separates church and state not to confine religious belief or silence religious expression, but to curb the ambitions and reach of governments. The point of the First Amendment is not to "put religion in its place," but instead to protect religion by keeping the government "in its place." The Amendment's Establishment Clause is not a sword, driving private religious expression from the marketplace of ideas; rather, it is a shield that constrains government precisely to protect religiously motivated speech and action.

By the way, I should note that the error in the piece regarding the date of the Holmes quote is one that, as the paper will make clear tomorrow, was the editors' and not the author's.

THE CULTURE OF DEATH

For an interesting essay by Gary Wills (Catholic) on Jimmy Carter (Baptist), on religion in politics, and on the culture of death, click here.  From the New York Review of Books, 12/9/06.
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INTELLECTUAL FREEDOM AND CATHOLIC THEOLOGIANS

The following essay--by Luke Timothy Johnson, who is Robert W. Woodruff Professor of New Testament at Emory University, where I too now teach--is from the 1/27/06 issue of Commonweal.  I hope the essay is widely read.

After the Big Chill
Intellectual Freedom & Catholic Theologians
Luke Timothy Johnson    

Suppose we indulge our fondest hopes. Let us imagine that Pope Benedict XVI turns out to be quite unlike what many expected, and that he embraces a spirit of theological openness and generosity. No longer would a respected and respectful editor of a Jesuit journal be removed for the sin of advocating fairness; no more would a leading theological ethicist be removed from a tenured position or a systematic theologian be quelled by the same threat.

In this new atmosphere, local pastors would no longer be summoned to account in Rome on the basis of parishioners’ calls to the bishop (as priest friends of mine have been). Scholars (like me) would not be disinvited to conferences on Aquinas because they criticized John Paul’s theology of the body, or be asked to sign a statement that they would not do anything to “embarrass the church” when lecturing at a university, or, on the basis of other anonymous calls, be warned by the vicar-general of an archbishop who is now a cardinal against being “soft on the bodily Resurrection” of Christ when teaching New Testament to adult Catholics. The “big chill” within contemporary Catholicism includes all those mechanisms, overt and covert, by which the Vatican has deliberately sought to suppress theological intelligence and imagination in the name of doctrinal and moral “Truth.”

Now suppose all these measures stopped because Benedict XVI turned out to be someone who actually moderated his predecessor’s repressive instincts. Would the church then be in a state beatific? Would a healthy balance between magisterial authority and theological inquiry be struck then?

I am not sanguine. For one thing, the chill has become systemic. The episcopacy shaped by John Paul II will continue to perpetuate its fearful distrust of theologians. Defenders of the Congregation for the Doctrine of the Faith (CDF) argue that its investigations and sanctions of theologians are about “truth in advertising”-Catholic theologians in Catholic colleges should teach the way the Vatican says they should teach. Such a claim does little more than reduce theological truth to catechesis.

Is there a better way to think about the relationship between theologians and the church’s hierarchy? I think so. If we focus our hope for the church on the personality or policy proclivities of this or the last or the next pope, we simply perpetuate the Vatican’s tendency to identify the church with the magisterium and the magisterium with the pope. That, in turn, contributes to the ill-conceived conviction that all theological wisdom must spring from a single source. This fixation is problematic even-perhaps especially-if we grant that John Paul II and Benedict XVI are genuine and even important theologians. This fixation on the papacy results in the steady theological impoverishment of the church as a whole, precisely at a time when the task of articulating the church’s faith is urgent and daunting. The effort by the Vatican and its allies to control theological debate reflects little trust in the capacity of theologians to criticize one another-something they have never been reluctant to do-and even less trust in the best-educated laity in Catholic history that is hungry for intellectual engagement with the faith that is not condensed and condescending. Defenders of the CDF’s actions like to say that theology is an ecclesial, not merely an academic, vocation. I agree. It is precisely because theology is done by and for the church that it requires the highest gifts of theological intelligence and imagination. Some of the best theological talent available to the church today is found outside the clergy. If these lay theologians teach in Catholic colleges or seminaries, they are placed under strict control; if they teach in Protestant or secular schools, they are largely ignored. Many in the hierarchy seem indifferent to the academic theological community, while others seem hostile to the climate of intellectual freedom that theology needs.

[To print and/or read the whole essay, click here.  Here is the concluding paragraph:]

The theological impoverishment of the church today is real and if something is not changed, it will undoubtedly get worse. Perhaps it’s too much to hope that the present model of the church as household can open itself to a healthy conversation with the image of the church as the living body of the resurrected Christ, particularly if the present heads of household think that theirs is the only model that is true to revelation. But they are wrong. The alternative (and, I insist, complementary) image of the church is, if anything, truer to the good news as found in Scripture. Those of us who long for a church in which it is possible to be both smart and holy, both loyal and critical, live in hope that something of this vision may gain recognition. Still, suppose the big chill continues, through the papacy of Benedict XVI (despite our fondest hopes) and the papacies to follow. What can theologians do? They can continue to speak prophecy and to practice discernment among God’s people. What is at stake is the integrity of the church’s witness to the living God.
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Sunday, January 22, 2006

Neuhaus on Jesuits on Gay Priests

It appears that Richard John Neuhaus would rather have a schism than a truce.  Read for yourself here.

Rob

Bush on Education

On education issues, the Bush Administration does not seem particularly subsidiarity-friendly.  In addition to the dubious No Child Left Behind Act, a proposed new federal college aid program requires eligible students to have completed "a rigorous secondary school program of study."  Aside from the awkwardness of the federal government deciding which schools are "rigorous," private school students appear to be excluded categorically, as the bill further specifices that the program of study must be "established by a state or local educational agency and recognized by the secretary."

Rob

Conscience, the Church, and the EU

On 14 December 2005, the EU Network of Independent Experts (Network) on Fundamental Rights issued their opinion No. 4-2005: “The Right to Conscientious Objection and the Conclusion by the EU Member States of the Concordats with the Holy See.” Download conscientious_objection.pdf  The European Commission requested the opinion of the Network on the legal status of religious conscientious objection in existing and future concordats between EU Member States and the Holy See. The European Commission posed several questions, but the one I believe that is applicable to our MOJ discussion is this: do conscience clauses in concordats create incompatibilities with fundamental rights of individuals and the law of the EU? Several of us addressed the issue of conscience last couple of months in various domestic legal settings. The EU Network has now brought the matter into the world of international law.

The question of whether concordats containing provisions protecting the right to religious conscientious objection are compatible with the protection of “fundamental rights” and EU law raises serious consequences for the Church and the integrity of its concordats. But the integrity and sanctity of conscience is also compromised. The Network concludes that the concordat clauses it reviewed are incompatible with EU law and the “fundamental rights” guaranteed under its legal scheme. The Network does admit that conscience is an issue that receives limited protection under various human rights instruments and the law of the EU; however, it is only one of several rights that are protected, and the protections accorded to conscience, including claims to conscience based on religious beliefs, are not absolute. The Network asserts that the limited right to conscience based on religious belief must be balanced with other rights that address concerns for: same sex unions; “reproductive health rights”; abortion; euthanasia; artificial fertilization; and, artificial contraception.

In writing its opinion on the legal status of concordat conscience clauses, the Network has reached some tricky, unfortunate, dangerous, and, in my opinion, unsupportable conclusions. For example, in the area of abortion, the Network asserts that the right to religious conscientious objection cannot interfere with access to legal abortion; therefore, healthcare practitioners who exercise their right to religious conscientious objection must refer the woman to a qualified health care practitioner who will agree to perform the abortion. This means that the conscientious objector becomes an indirect rather than a direct accomplice in the matter to which he or she objects. One wonders about other the impact that other developing “rights” beginning to surface in some EU countries, e.g., euthanasia or assisted suicide, will have on the right to conscience. The Network offers a chilling preview of what to expect when it states that in those countries where euthanasia and assisted suicide are “partially decriminalized,” conscientious objectors should not be protected in a way that deprives “any person from the possibility of exercising effectively his or her rights as guaranteed by the applicable legislation.” The Network also appears inclined to be restrictive on the rights of pharmacists to claim exemption based on conscience from selling contraceptives including “morning after” pills. The Network is much clearer about matters involving sexual orientation. The Network appears close to endorsing a Netherlands position that “any form of discrimination on the basis of sexual orientation… should not be tolerated…” It is interesting that the Network relies on the law of this one EU member but not conflicting laws of other EU members.

            Although the opinion of the Network, by itself, is not a legally binding text, it is a forecast of things that may develop in the future. At the least, the opinion reflects the views of influential voices within the EU today. And these voices do not offer comfort to those who have legal protection of their conscience and religious belief under international law. I doubt that the drafters of the Universal Declaration of Human Rights or the International Covenant on Civil and Political Rights would agree with interpretations offered by the Network. The current climatic chill in Moscow seems to be moving west at a quick pace but manifesting itself in legal interpretation.   RJA sj