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, November 29, 2005

Bishop Skylstad on Homosexual Priests

Bishop Skylstad, on behalf of the USCCB, has issued an explanatory statement to accompany the release of the Vatican document on the admission of seminarians.  (Hat Tip: Open Book) Here's the heart of it:

Formation is not a time for an applicant to begin to resolve serious issues in his life, whether they involve addictive behavior, personal finances, sexual matters, the ability to work collaboratively with others, or any other significant concern.  A candidate still facing issues like these is not acceptable until they are resolved. A man who has a personal agenda that he might place ahead of the Gospel is also not an acceptable candidate. Like marriage, a priestly vocation is not centered on the search for one’s individual, personal fulfillment.

In this instruction, the Congregation for Catholic Education is exercising a Christian realism about what is expected in candidates for the priesthood. This realism understands the challenges of our time. It expresses the valid concern that all candidates must display an “affective maturity” which enables them to relate properly to others as chaste, celibate priests who can faithfully represent the teaching of the Church about sexuality, including the immorality of homosexual genital activity. This realism also makes it clear that it is certainly not acceptable if a candidate practices homosexuality or, whether active or not, if he identifies himself principally by a homosexual inclination or orientation.  It is also not acceptable for a candidate to support the “gay culture” and to be so concerned with homosexual issues that he cannot sincerely represent the Church’s teaching on sexuality. In doing so, he limits his ability to minister pastorally to all those in his care.

But won't many individuals with "deep-rooted homosexual tendencies" have already resolved the issue and accepted the fact of those tendencies, even if they intend not to act on them?  It's not comparable to a gambling addiction that is being worked out.  Even assuming that homosexual tendencies are "objectively disordered," they still are part of the individual's identity.  It seems that coming to grips with that identity is necessary to move forward with a commitment to celibacy.  Does the statement presume that a successfully celibate individual necessarily has less deeply rooted homosexual tendencies than an unsuccessfully celibate individual? 

Another part of Bishop Skylstad's statement seems to raise some tension, albeit implicitly, with the Vatican's position:

Since news of this document was first discussed in the media, the question has been asked whether a homosexually-inclined man can be a good priest.   The answer lies in the lives of those men who, with God’s grace, have truly been dedicated priests, seeking each day not to be served but to serve their people, faithfully representing in word and example the teaching of the Church in its fullness, including God’s revelation that sexual expression is intended only to take place between a husband and a wife in a loving, faithful, and life-giving marriage. 

When Jesus told his apostles how difficult it would be “for one who is rich to enter the kingdom of heaven,” they responded with amazement.  Jesus’ reply reminds us of the power of God’s grace: “For human beings this is impossible, but for God all things are possible.” (Cf. Matt. 19.23-26).

So why is it beyond the power of God to mold an individual with "deep rooted homosexual tendencies" into a "truly dedicated priest?"  Consider the relevant portion of the Catechism:

2358 The number of men and women who have deep-seated homosexual tendencies is not negligible. This inclination, which is objectively disordered, constitutes for most of them a trial. They must be accepted with respect, compassion, and sensitivity. Every sign of unjust discrimination in their regard should be avoided. These persons are called to fulfill God's will in their lives and, if they are Christians, to unite to the sacrifice of the Lord's Cross the difficulties they may encounter from their condition.

2359 Homosexual persons are called to chastity. By the virtues of self-mastery that teach them inner freedom, at times by the support of disinterested friendship, by prayer and sacramental grace, they can and should gradually and resolutely approach Christian perfection.

If "Christian perfection" is a legitimate aspiration for individuals with deep-seated homosexual tendencies, why not the priesthood?  Is the Church cabining God's transformative power, or is the fact that the tendencies remain "deep seated" a sign that God's transformative power has not been at work and thus that the individual has not been called to the priesthood?  Does the latter possibility rest on the presumption that homosexuality can be "cured?"

Rob

Monday, November 28, 2005

Neuhaus on Krauthammer on McCain

Charles Krauthammer, in this essay, "The Truth About Torture," says that "it's time to be honest about doing terrible things":

Question: If you have the slightest belief that hanging this man by his thumbs will get you the information to save a million people, are you permitted to do it?

Now, on most issues regarding torture, I confess tentativeness and uncertainty. But on this issue, there can be no uncertainty: Not only is it permissible to hang this miscreant by his thumbs. It is a moral duty. . . .

GIVEN THE GRAVITY OF THE DECISION, if we indeed cross the Rubicon--as we must--we need rules. The problem with the McCain amendment is that once you have gone public with a blanket ban on all forms of coercion, it is going to be very difficult to publicly carve out exceptions. The Bush administration is to be faulted for having attempted such a codification with the kind of secrecy, lack of coherence, and lack of strict enforcement that led us to the McCain reaction. . . .

He closes by calling for us to "begin to work together to codify rules of interrogation for the two very unpleasant but very real cases in which we are morally permitted--indeed morally compelled--to do terrible things."

Fr. Richard John Neuhaus -- of "theo-con" fame -- has a different view:

Krauthammer says that means McCain’s proposed rule is “merely for show,” and comes close to saying that its supporters are guilty of hypocrisy.

I am not at all sure. Establishing a principle is not “merely for show.” Recognizing, clearly but sotto voce, that there will sometimes be exceptions to the principle is not hypocrisy. Those who, under the most extreme circumstances, violate the rule must be held strictly accountable to higher authority. Here the venerable maxim applies, abusus non tollit usus–the abuse does not abolish the use.

We are not talking here about the reckless indulgence of cruelty and sadism exhibited in, for instance, the much-publicized Abu Ghraib scandal. We are speaking, rather, of extraordinary circumstances in which senior officials, acting under perceived necessity, decide there is no moral alternative to making an exception to the rules, and accept responsibility for their decision. Please note that, in saying this, one does not condone the decision. It is simply a recognition that in the real world such decisions will be made. . . .

Krauthammer’s moral logic is that it is sometimes necessary to do evil in order that good may result. Here he is in the company of Michael Walzer who has argued that effective leaders must be prepared to have “dirty hands.” An alternative argument is that coercion, even brutal coercion, may be morally justified in extraordinary circumstances in order to save thousands of innocent lives. In that event, it is further argued, the use of such coercion is not evil but is the moral course of action.

Whether, in fact, the circumstances justified the action must be subject to the rigid scrutiny of higher authority. There will likely be cover-ups, rationalizations, and other forms of duplicity. Where possible, they must be exposed, in the full awareness that in this connection, as in all connections, we are dealing with fallen humanity. As with all rules, the aim is to make sure that the exception to the rule does not become the rule.

McCain is right: The United States should be on record as banning “cruel, inhuman, or degrading” treatment of prisoners. The meaning of each of those terms will inevitably be disputed, as will the case-by-case application of the principle. But again, abusus non tollit usus.

These are just excerpts.  Read the whole things.

Theology

As a friendly amendment to Michael Scaperlanda's title and as a follow up to his excellent question, I would suggest that what we face are, in the first instance, questions of theology, not of Catholic legal theory: theology of priesthood, theology of vocation, theology of the person, theology of sexuality, ecclesiology, etc.  One of the intellectual assets of this blog is the theological insight and creativity so often brought to bear by many of its contributors.  I'd value seeing a working out of the theological cases for and against the particulars of the Holy See's recent statement.  I'm particularly interested in the relevant theological views of those who do not dissent from the Church's teachings on homosexuality as such and on homosexual sexual acts specifically.  This gets back to Amy Wellborn's analysis (which Rob reported): Is the opposition to this exercise by the Church of formative control over her priesthood and those institutions that contribute to it primarily a manifestation of dissent from particular teachings about sexuality and sexual acts?  How much does the criticism of the statement advance an implicit (or explicit) counter-ecclesiology?                      

Emigration Brain Drain?

Zenit reports:

"Money Sent Home: A Boost for Many Nations
Study Highlights Role of Migration in Helping Development

WASHINGTON, D.C., NOV. 26, 2005 - International migration can be an important tool in helping developing countries, affirmed a World Bank report published Nov. 16. Migrants and the money they send back home, remittances, is the main theme in the annual "Global Economic Prospects report for 2006."

"The challenge facing policy-makers is to fully achieve the potential economic benefits of migration, while managing the associated social and political implications," commented François Bourguignon, World Bank chief economist.

Officially recorded remittances worldwide exceeded $232 billion in 2005. Of this, developing countries received $167 billion, more than twice the level of development aid from all sources. The report estimates that remittances sent through informal channels could add at least 50% to the official tally, making them the largest source of external capital in many developing countries. The report considered that it is plausible that in the coming years, official remittance flows will continue to rise at the 7% to 8% annual rate seen during the 1990s.

The countries receiving the most in recorded remittances are India ($21.7 billion), China ($21.3 billion), Mexico ($18.1 billion), France ($12.7 billion) and the Philippines ($11.6 billion). Those for which remittances account for the largest proportion of gross domestic product are Tonga (31%), Moldova (27.1%), Lesotho (25.8%), Haiti (24.8%) and Bosnia and Herzegovina (22.5%).

Remittances were larger than public and private capital inflows in 36 developing countries in 2004. In another 28 countries, they were larger than the earnings from the most important commodity export. In Mexico, for example, remittances are larger than foreign direct investment, and in Sri Lanka they are larger than tea exports.

The United States was the largest source country, with nearly $39 billion in outward remittances in 2004. ...

Costs and benefits

The World Bank explained that over the past two decades barriers to cross-border trade and financial transactions have fallen significantly, facilitating the transfer of money. At the same time, despite its economic benefits, migration remains controversial. While it brings benefits for some there can be important losses for other individuals and groups. Some workers may see an erosion of wages or employment, for example, due to the increased numbers of immigrants.

Migrants, too, pay a price, even if they reap economic advantages. Many immigrants, the report explained, particularly the irregular ones, suffer from exploitation and abuse. Then there are costs involved, especially those related to the exorbitant fees paid to traffickers. The family members left behind, particularly children, also suffer, while at the same time they benefit from the extra income that migrants send back home to their families. ...

The World Bank did warn, however, that in the long run the policies of developing countries should aim to generate adequate employment and rapid growth, rather than relying on migration as an alternative to development opportunities.

Losing skills

The situation is different in the case of emigration by those with high levels of skill. It also brings economic benefits, and when the expatriates return they bring with them important overseas connections, which can improve access to capital and technology, as well as business contacts for firms in the country of origin.

But, on the negative side, large outflows of high-skilled workers can reduce growth in the origin country. Education and health services in the countries of origin may be impaired due to the loss of personnel. As well, the country loses its return on high-skilled workers trained at public expense..."

While generally friendly to e/immigration, the Catholic Church, using social science data from the 1960's, has frowned upon "brain drain" - the transnational migration of highly skilled workers from developing countries to developed countries.  In a though provoking book (forthcoming), VIllanova's Michele Pistone argues that the social science data underlying the Church's position is wrong (or at least has been superceded).  Her research, much like the World Bank's report, suggests that the development picture is much more complex than the Church seemed to assume 30 or 40 years ago, and that the so-called "brain drain" may actually have a positive effect on developing countries. 

I have invited Professor Pistone to comment on the World Bank's report and on her own work in this area and look forward to receiving her comments.

Michael

Homosexuality, Helminiak, the Bible, and the development of Catholic Legal Theory

Last week Steve Shiffrin blogged on "Person's with 'Homosexual Tendencies' in the Priesthood."  In that post, he discusses an NCR article:  "The article is mainly about Fr. John J. McNeill who wrote The Church and Homosexuality in 1976 in which he rejected Vatican teachings on same sex relations and became something of a celebrity. The article suggests that McNeill's intellectual successor is Daniel Helminiak, a 62-year-old psychotherapist and professor of psychology at the University of West Georgia. Helminiak is  the author What the Bible Really Says About SexualityHe is convinced "the old biblical, theological and psychological disputes have now been resolved in favor of gay and lesbian relationships."  He maintains the evidence is “incontrovertible.” [I wish it were that good!]"

On a personal level, I hold Daniel Helminiak in high esteem, but I must confess that I haven't read his book.  What is the basis for his conclusion that "the old biblical, theological and psychological disputes have now been resolved in favor of gay and lesbian relationships"?  On what basis does he conclude that the evidence is "incontrovertible"? 

Thanks, Michael S.

Toward a Christian Theory of Swearing

I tend to mind my own business in public -- that is, until someone decides to start using obscenities around my kids, at which time I enter confrontational mode, motivated by the worthiest of causes.  But is my cause worthy?  What's the problem with swearing?  And if it's not OK for kids, why is it OK for adults?  My evangelical sensibilities bristle even when I hear folks swear in an adults-only context, especially when it's done by fellow followers of Christ.  In this regard, check out Joe Carter's long overdue "Christian Critique of Swearing."

Certainly my sensitivity has dulled over the years since a childhood when I would equate a stray four-letter word with a greased chute to Hell (especially since one of the coolest Christians alive does it), but the question persists: is it OK for Christians to swear?  Is opposition to swearing tied up in a legalistic approach to faith?  Should the ongoing cultural engagement project challenge the rapidly loosening standards of proper speech in our public life? 

Rob

Are the Catholic Justices "Economic Libertarians"?

Rick asks a fair question in response to my post on the SCOTUS Catholics: where's my data re whether they in fact follow the Novak line on the relationship of Catholicism to the market? Well, neither Kennedy, Thomas or Scalia have quoted either Novak or Fr. Neuhaus (far as I know), and their attitudes toward government regulation probably have as much to do with their (secular) conservatism as their religious beliefs. And we don't know much yet about Roberts and Alito, although it does seem that Robert's approach may reflect the pro-business philosophy of Republicans who have spent much of their career in large law firms. Does that make them "economic libertarians" as Foer describes them? Thomas seems close to that description, Scalia seems mostly preoccupied with originalism rather than economic theory, Kennedy has always struck me as a kind of country-club Republican,and we don't know enough yet aboutt Roberts and Alito.  That being said, if I had to predict how they will behave as judges, I would predict that they would cleave much closer to the Novak line than to the mainstream Catholic tradition of profound ambivalence about the virtues of the market.

--Mark

More on Gays in the Priesthood

For an excellent statement on the Church’s position on gays in the priesthood, see Father Gerard Thomas, A Source of Scandal, http://www.beliefnet.com/story/179/story_17969_1.html#cont. Among other things, he says: “[T]he document statement that gay men per se are incapable of relating to men and women is one of the most offensive things I have ever read in any church document about homosexuals. It says to gay men--and by extension, celibate gay priests who have long been in ministry--that they are simply unable to relate to their fellow human beings. After years of dedicated service--after hearing confessions, baptizing infants, preparing people for marriage, sitting by the beds of the sick and dying, and counseling people in trouble--the gay priest is told he doesn't understand people and cannot relate to them. The recent Instruction is breathtaking in its lack of understanding of the lived experience of celibate gay priests and of gay men and women. It is, to use some official church terminology, a cause for "scandal," something that will cause people to lose heart in the church. And sometime in the future the Catholic [C]hurch will find itself having to apologize for speaking so callously about an entire group of people. Where, in the end, is the message of Jesus in this document? Where is his message of inclusion and encouragement and love? It is nowhere.”

Sunday, November 27, 2005

Welcome back, Mark

Mark's sojourn in the land of la dolce vita has wound down, and we're pleased to have him back in full-on-MOJ-posting mode.  He notes (nicely):

The latest issue of issue of Commonweal contained Rick's characteristically insightful review of three relatively new books on Church/State, including Noah Feldman's, which was discussed at length here on MOJ, and Marci Hamilton's GOD VS. THE GAVEL, which we did discuss, although not at as great length. I suspect that the strict limits on the length of reviews in my favorite mag kept Rick from a longer critique of Marci's book (Rick -- am I wrong?).

No, Mark is not wrong.  I share Mark's affection for Marci Hamilton, and also his concern that she goes too far "in her willingness to chop back constitutional protections for religious practices."

A question for Mark, who observes:

[Foer] emphasizes the political implications of this convergence by pointing out the increased use of Catholic CST rhetoric in Bush's last presidential campaign (solidarity, the common good, protecting the weakest member of society, etc.) I'll let the readers decide for themselves whether that use of this rhetoric meant anything or whether it was just cant --you can imagine where I stand on that.)

Actually, Mark . . . where do you stand on that?  Do you think that Bush's use of "CST rhetoric" was entirely or "just cant"?

I also think Foer goes astray (in his very good piece) in characterizing the (soon) five Catholics on the Court as "economic libertarians."  There is simply no evidence that these Justices are "economic libertarians"; that they interpret and apply laws enacted by a Congress that has long been "pro-business," or that they interpret and enforce constitutional provisions that reflect a (perhaps) "libertarian" desire to protect individual rights by constraining government power, does not make them "economic libertarians."  Similarly, I think Mark missteps when he refers to the "highly tendentious and contested nature of [the Justices'] Catholicism, particularly with respect to the social and economic issues" or to "their Novak-inspired 'Catholic' view of the proper relationship between the market and the state[.]"  My own views, as Mark knows, are closer to Neuhaus's than his are -- and are, as I'm sure Mark would concede, "Catholic" without the scare quotes -- but still:  I do not believe there is data from which Mark could fairly draw conclusions about the "tendentious and contested nature" of the Justices' Catholicism on "economic issues" (or, for that matter, "social issues").

In any event, welcome home!

U.S. Catholics and the Death Penalty, Abortion, Etc.

[From The Tablet, Nov. 26, 2005.]

Catholic support for death penalty grows in US
. NEARLY FOUR years of sexual abuse scandals in the United States have had little impact on the belief patterns of American Catholics, according to a new survey.

The research, which has been carried out every six years since 1987 by a group of sociologists at the Catholic University of America in Washington, DC, also shows that Catholic support for the death penalty has risen and an increasing number of Catholics disagree with church teaching on abortion.

Dr William D’Antonio, of the Life Cycle Institute at the university, said he had expected there to be a significant decline in church attendance in response to the scandals.

“We were surprised because we thought that if the impact had been deep there would be a greater drop in church attendance,” Dr D’Antonio told The Tablet. Since the last survey in 1999 weekly churchgoing had declined by 4 per cent among Catholics over 65, by 8 per cent among 45- to 64-year-olds and by 1 per cent among those under 44.

Dr D’Antonio added that the drop had been less among those who went to church once a month. “The theory is that if a person is hugely committed and the organisation betrays them they will struggle to change the organisation rather than leaving it,” he said. “People with low commitment require less of the organisation and so long as it fulfils the criteria of birth, marriage and death they will never leave.”

Meanwhile, the percentage of people who believed they could be a good Catholic without agreeing with the Church on abortion rose from 39 per cent when the first survey was carried out in 1987 to 58 per cent this year. Catholics also disagreed with the Church on the death penalty, with 57 per cent supporting its stiffer enforcement.

The survey also examined political affiliation, finding that 41 per cent of Catholics, the majority of them women, declare themselves Democrat and 37 per cent are Republican. However, 62 per cent of 18- to 24-year-old Catholics had voted for the Democrat challenger John Kerry in the last election.

The research was carried out by Gallup using a random sample of 875 practising Catholics.
Isabel de Bertodano, Washington, DC