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.

Saturday, May 21, 2005

SHOULD STATES ABOLISH MARRIAGE--CIVIL MARRIAGE, THAT IS?

Readers of this blog may be interested in a debate about civil marriage that was took place this past week over at Legal Affairs.  The two debaters:  Mary Lynn Shanley, professor of political science at Vassar College, and Linda McClain, professor of law at Hofstra University.  Here is Legal Affairs' introduction to the debate:

Marriage comes with legal benefits, like the right to visit a partner in the hospital. Opening civil unions to same-sex partners would offer such legal benefits to homosexual couples, while reserving the word "marriage" for unions between heterosexuals. But some people suggest that, instead, the state should do away with marriage as a legal category altogether and adopt a universal system of civil unions open to all couples, while leaving marriage to churches, mosques, and synagogues.

Should states abolish marriage?


To print out and/or read the debate, click here.
_______________

Michael P.

Friday, May 20, 2005

WHERE DO I SIGN UP TO BECOME ORTHODOX?

[From the May 20th Commonweal.  To read the whole piece, click here.]

The New Pope
An Orthodox View
John Garvey

[I]n the attitudes of [John Paul II and Benedict XVI] toward internal Catholic matters there is something many Orthodox find a bit disturbing. While the outreach to other religions is most welcome, the style of internal church governance is less so. The emergence of the idea of collegiality during the Second Vatican Council struck a sympathetic chord in many Orthodox observers. Orthodox governance is conciliar, as was governance in the ancient church, and a return to this sensibility after a millennium of Roman centralization was promising, as was a return to patristic sources and a turning away from an almost exclusively Thomistic official Catholic theology. And John Paul II, with his knowledge of contemporary philosophy, seemed committed to learning from (for example) twentieth-century phenomenology, even as he respected the ancient and medieval sources. But under John Paul the Catholic Church moved away from the conciliarity that had shown signs of development under Paul VI; authority was recentralized, and there was a move away from the authority of bishops, and of bishops’ councils. Collegiality was a principle, but not really a practice.

Then there was the way in which theological controversies were handled. Catholics were told that the idea of women’s ordination could not even be discussed: it was not, Rome said, in the church’s power to make a change in that direction. I can’t help contrasting this with the atmosphere in Orthodoxy. While women are not about to be ordained by any Orthodox bishop, and I have little doubt that the majority of our bishops would oppose the ordination of women, such prominent Orthodox as the late Metropolitan Anthony of Sourozh (Anthony Bloom) and Bishop Kallistos of Diokeleia (Kallistos Ware) have said in recent years that Orthodox must face this question seriously, and Metropolitan Anthony made it clear that he was in favor of women’s ordination.

I understand what John Paul and the then Cardinal Ratzinger thought they were up against. The latter got much negative press when he spoke about the dangers of relativism in his homily at the beginning of the conclave. He has a point, one also made in the Congregation for the Doctrine of the Faith’s 2000 statement Dominus Iesus, a document he had much to do with. The tone of that statement was unduly negative. Still, it was right to say that theologians move away from Christian orthodoxy when they suggest that salvation can be found independently from Christ-which is not to say that only Christians or only Catholics can be saved, as some newspaper accounts wrongly suggested Dominus Iesus had said. It is rather to say that if anyone is saved, it is because of what Jesus did on the cross and in rising from the dead. If he did not save everyone, he did not save anyone. The tone, though, of Dominus Iesus was unnecessarily condescending toward other Christian traditions and to non-Christian religions. And then there is the way some theologians were handled: silencing and excommunication (in the case of the Sri Lankan theologian Tissa Balasuriya, who was reinstated a year later) could have been avoided. It should be enough simply to say that such and such is not Catholic theology, and it does not seem unreasonable to say that it may not be represented as such. To Orthodox and other observers, the Vatican’s “shut up and submit” attitude looks too much like the authoritarianism anti-Catholics have always charged the Roman church with.

The question raised by John Paul II in Ut unum sint-is there a way the Petrine ministry could be exercised that would be acceptable or of some service to Orthodox and other Christians?-is an important one. A couple of answers: as long as it includes the idea that all power flows from Rome, and that all power to appoint or remove bishops is centered there, and none is based in local churches, no. As long as the idea of papal infallibility is in place, with its implication that the pope is a bishop uniquely unlike any other bishop, no. An authority which simply hands things down is not authoritative but in fact truly irresponsible. Persuasion is essential in a world where people increasingly leave Christianity, not usually for some other religion (though the movement of many Latin Americans from Catholicism to Pentecostalism is a serious challenge), but more often for nothing at all. There are depths beyond dogma; there is a profound, divine silence from which dogma is born, and it is also the place from which a deep listening may be done. A pope who could listen, who could truly understand (even as he disagrees with) the many currents of thought in the whole of the Christian tradition, would be helpful, would be exercising the ministry of the servant of the servants of God. He has to do more than listen, of course, but that deep listening-to which Benedict XVI alluded in his first homily as pope-is an essential beginning.
_______________

Michael P.

"Religious Objects as Legal Subjects"

Here is a link to the abstract of an interesting new paper by Professor Frank Ravitch, and law-and-religion expert at Michigan State:

Courts have repeatedly struggled with issues raised when the government displays religious objects and symbols or such objects are displayed by others on government property. Cases have involved objects such as Ten Commandments displays, creches (nativity scenes), Latin crosses, menorahs, and Christmas trees. The results in these cases, especially in cases decided by the United States Supreme Court, have been the subject of a great deal of criticism. The criticism has often focused on the desacrilization of religious objects or on the failure to evaluate the impact such objects have on religious outsiders. This article asserts that the courts and those criticizing them have generally overlooked or undervalued the significance of treating religious objects as legal subjects in the first place.

Religious objects and religious symbolism generally do not lend themselves well to analysis under any of the legal tests developed by the Supreme Court, but of course, courts do not have the luxury of ignoring issues related to religious symbolism when such issues are appropriately raised by parties. Nor should they. Both the courts and their critics would face an easier and more fruitful task if they more carefully considered the objects addressed in religious symbolism cases.

When a court evaluates a case involving religious objects it must subject those objects to the prevailing legal rules, norms, and analysis. It thus makes them legal subjects. This creates interpretive problems because of the potentially varied symbolic meaning of many religious objects and the various messages such objects can hold for various groups. It also raises questions regarding the nature of "religious objects" since many symbolism cases involve objects that courts suggest exude varying levels of religiosity depending on their context, and which some critics suggest may or may not be perceived as religious depending on the perceiver's interpretive presumptions. This article directly confronts these concerns and provides a workable framework for addressing the interpretive difficulties raised when courts must treat religious objects as legal subjects.

A very quick question:  I wonder if we need to distinguish religious "symbols" from religious "objects"?  A consecrated Host is different from a creche, after all.  Can the law take account of this difference?

Rick

Archbishop Chaput on Faith and Politics

Here is a transcript of Archbishop Chaput's remarks, delivered today at the National Catholic Prayer Breakfast, on the place of religious believers and claims in public and political life:

Catholics see politics as part of the history of salvation. For us, no one is a minor
actor in that drama. Each person is important. And one of the most important duties we have is to use our gifts in every way possible for the glory of God and for the common good. That's why Catholics and other Christians have always taken an active role in public life. What we believe about God shapes how we think about men and women. It also shapes what we do about promoting human dignity.

Today's national discussion about religion and politics is sometimes so very strange. If God is the center of our lives, then of course that fact will influence our behavior, including our political decisions. That's natural and healthy. What's unnatural and unhealthy is the kind of public square where religious faith is seen as unwelcome and dangerous. But that seems to be exactly what some people want: a public square stripped of God and stripped of religious faith.  Our duty, if we're serious about being Catholics, is to not let that happen. But our work as citizens doesn't end there. Our bigger task is to help renew American public life by committing ourselves ever more deeply to our Catholic faith -- and acting like we really mean it.

Here's another bit, that reminded me of some things that Michael Perry has written, and also Notre Dame's Paul Weithman:

Democracy and pluralism depend on people of conviction fighting for what they believe through public debate - peacefully, legally, charitably and justly; but also vigorously and without excuses. Divorcing our personal convictions from our
public choices and actions is not "good manners." On the contrary, it can be a very serious kind of theft from the moral treasury of the nation, because the most precious thing anyone can bring to any political conversation is an honest witness to what he or she really believes.

Rick

ONE OUT OF TWO AIN'T BAD

Now that President Bush has condemned what the scientists in South Korea are doing, how about a condemnation of what happened in Afghanistan?

I was struck by this juxtaposition of headlines in the online New York Times.

White House Condemns Korean Research on Cloning Embryos

Michael P.

NEWS FLASH: CATHOLICS ELECTED TONY BLAIR

[From the May 21st issue of The Tablet:]

Catholics secured Blair’s third term

Robert Worcester and Roger Mortimore

Tony Blair’s majority might have disappeared at the election if Catholic voters had not remained loyal to Labour. The results of a MORI survey for The Tablet reveals the role of religion at the ballot box.

Britain might be one of the most secular nations in Europe, but the religious vote still plays a powerful part in the life of the country. According to MORI surveys conducted for The Tablet the votes of Catholics gave Tony Blair the edge in Labour’s narrow victory.

[To read the whole piece, clicke here.]

_______________

Michael P.

Thursday, May 19, 2005

Lauren Winner on Chastity

At Christianitytoday.com, Lauren Winner has an article, excerpted from her new book, on "chastity."  She cites the prevalence of premarital sex and extramarital affairs among evangelical Christians and writes:

All this suggests to me that our usual strategies for helping people cope with sexuality are not working. Repeating biblical teachings about sex is simply not enough. Urging self-discipline isn't enough. Reminding people of the psychological cost of premarital sex or infidelity is not enough. What we need is something larger and deeper: a clear vision of what chastity ultimately is and the most important context in which it is practiced.

Discipled Sex
What is chastity? One way of putting it is that chastity is doing sex in the body of Christ—doing sex in a way that befits the body of Christ, and that keeps you grounded, and bounded, in the community.

Winner's book is called Real Sex:  The Naked Truth about Chastity (Brazos Press 2005).  In a brief note in the new issue of First Things that I just received (but is not online yet), Richard Neuhaus sees some overlap between the discussion of sex in Winner's book and the "theology of the body" articulated by John Paul II.

Tom B.

Baptists and Kerry Voters

MOJ readers may know that Southern Baptists have recently had their own dispute over a church leader excluding those who voted for John Kerry from significant activities or communal relations within the church (in this case, pastor expelling them from membership in a local congregation).  Christianity today.com collects the latest on the story here.  You might compare -- and contrast -- the details to the flap last year over the Catholic bishop or two who went so far as to state that communion should be refused to any voter for pro-abortion candidates (not just to the candidates themselves).

Tom B. 

"Debate Club" on Abolishing Marriage

Legal Affairs magazine's series, "Debate Club," currently features a debate between Mary Lyndon Shanley, of Vassar College, and Linda McClain, a law professor a Hofstra.  Here is the question presented:

Marriage comes with legal benefits, like the right to visit a partner in the hospital. Opening civil unions to same-sex partners would offer such legal benefits to homosexual couples, while reserving the word "marriage" for unions between heterosexuals. But some people suggest that, instead, the state should do away with marriage as a legal category altogether and adopt a universal system of civil unions open to all couples, while leaving marriage to churches, mosques, and synagogues.

Should states abolish marriage?

Rick

Wednesday, May 18, 2005

The Cultural Meeting of East and West

This new association of scholars may be of interest to some of our readers.

You are invited to join a newly founded society

THE CULTURAL MEETING OF EAST AND WEST:

THE OCCIDENT AND ISLAM

INTERNATIONAL ASSOCIATION OF SCHOLARS

MISSION STATEMENT:

“Human Interests, progressively globalizing, call for breaking the barriers and bridging the gaps between the great cultures – especially the Occident and Islam - toward harmonization of existential concerns while preserving cultural identity. 

The aim of our association of scholars from various fields of inquiry is to elaborate the foundation for such a cultural harmonization and to establish new links of communication.  The reaching of common roots in the Human Condition in-the-unity-of-everything-there-is-alive* may set us on the way. 

            All scholars interested in participating in this enterprise are invited to join.” 

Founding Committee:

Acting Director:  Dennis Logue, Professor of Economics, Dean, University of Oklahoma, Norman

Associate Director:  Alexander W. Schimmelpenninck, Publisher, Vice President, Springer-Verlag, The Netherlands

Program Coordinator:  Anna-Teresa Tymieniecka, Professor of Philosophy, President, World Phenomenology Institute

Honorary President:  Seyyed Hossein Nasr, University Professor, George Washington University

Assessors: 

-Grahame Lock, Professor of Political Science at Queens College, Oxford and

Radboud University Nijmegen, The Netherlands

-Salahaddin Khalilov, Professor of Philosophy, Rector, Azerbaijan University

-Hendrik S. Houthakker, Professor Em. of Economics, Harvard University

For all information please contact:

The Executive Committee of CMEW

1 Ivy Pointe Way

Hanover, New Hampshire  03755, USA;  Fax: 802-295-5963

* Cf. The introduction to The Passions of the Soul in the Metamorphosis of Becoming, the first book of the book series: ISLAMIC PHILOSOPHY AND OCCIDENTAL PHENOMENOLOGY IN DIALOGUE, Springer, 2003.