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.

Wednesday, October 20, 2004

Kerry and Abortion: A Look at Stark Reality Without Distractions

In her op-ed, “Rambo Catholics and John Kerry,” posted previously on this blog, Professor Cathleen Kaveny argues that the election of John Kerry as President would force his most stalwart Catholic critics either to respond with violent resistance or, as apparently would be her preference, be “reduced to silence,” having been revealed as posers. (While saying she opposes “every inflammatory thing the Rambo Catholics write,” Professor Kaveny’s own response struck me as saturated with petroleum-laced rhetoric, most egregiously by constructing and then indicting the strawman of violent threats or tendencies.) More recently, in another statement posted on this blog, Professor Kaveny qualified her earlier statements to say that she meant only to chastise Rambo Catholics who “bully” others. An appeal to the consciences of faithful Catholics and the argument that voting for Kerry would be a serious sin is thus said to be the verbal equivalent of intimidation.

By highlighting the truly remarkable extremism of Kerry on the foundational question of life and his considered choice over his entire career to affiliate himself with the very people who brutally tear unborn children from their mothers’ wombs, I don’t know whether I too will now count as a nascent violent revolutionary or as an ecclesiastical bully by Professor Kaveny’s lights. If that’s what it takes to be placed alongside Gerard Bradley and Robert George (as well as Archbishop Burke, Bishop Sheridan, Archbishop Meyers, etc.), then I must regard these as terms of endearment and ask where I too can enroll in the Catholic Rambo brigades. But it’s all mere distraction in any event, that is, a distraction from taking a clear and unvarnished look at the prospect of a pro-abortion extremist, professing a Catholic communion, being elected to the nation’s highest office.

Those who say they will hold their nose and vote for Kerry too often seem ready to close their eyes as well. John Kerry is not some misguided reluctant “pro-choice” politician who sincerely (if ineffectually) mourns the ever-growing toll of abortion on humanity. Through his career, Senator Kerry has been a calculating, premeditated pro-abortion warrior who has eagerly and warmly endorsed the abortionists themselves in his legislative votes, in his campaigns, and in his circle of political friends and colleagues.

As I’ve written in an article, Abortion, Bishops, Eucharist, and Politicians: A Question of Communion, shortly to be published in the Catholic Lawyer and available by link on this blog, the case of the Catholic communicant who holds political power but refuses to protect the life of the unborn calls upon the sensitive pastoral role of the bishop. Counseling, dialogue, and gradual formation of conscience ought to follow, with ecclesial sanctions being a last resort. At the same time, the bishop has a continuing duty to instruct the flock and protect it from harm. In that article, we offer the example of the Catholic politician who sincerely opposes abortion but has not yet developed the wisdom or summoned the the courage to stand forcefully against the culture of death. With respect to eligibility for the sacrament of Eucharist, we allowed that, while ultimately unsatisfactory and thus acceptable only as a provisional sign of gradual conversion, profession of personal opposition to abortion by a Catholic politician who combines that easily-made assertion with at least some actions to limit or reduce abortions may satisfy the interim predicates for continued admission to the altar. (Some have accused us of being too “soft” in making such an allowance for human weakness, even if regarded as a preliminary step in the road to conversion.)

However, we also emphasized that such preliminary steps toward the culture of life by a politician must be accompanied by frequent and unequivocal public condemnation of abortion and a refusal to collaborate with those performing such evils. At a minimum, we would expect that any Catholic politician claiming respect for unborn human life would turn away as tainted any political money emanating from the abortion practitioner and would refuse with disgust any invitation to appear at a convocation designed to promote the interests of the abortion industry.

Sadly, even among so-called “pro-choice” politicians, Senator Kerry has been an extreme outlier, given his opposition to even the most modest of limitations on the abortion license, his insistence that public funds be devoted to procuring abortions, his vote to permit minor girls to be taken across state lines for abortions without knowledge of their parents, and his regular, easy, friendly and approving liasons with abortionists. It is not for naught that Kate Michelman, president of the NARAL Pro-Choice America, says that “[e]ven on the most difficult issues, we’ve never had to worry about John Kerry’s position.” John Kerry’s miserable record has earned him the abortionist’s praise.

Has John Kerry ever rebuked his abortionist friends, calling upon them to renounce their daily participation in an intrinsicly evil act? Has he ever refused a single dollar of blood-money from the abortion mills and abortion practitioners? Has he ever declined an opportunity to cheer on the abortion-providers and assure them of his unswerving loyalty? Has he ever refused to participate in a rally to provide moral encouragement to the abortionists and their assistants in plying their deadly craft? Has he ever voted for any minimal restriction on abortion, even when that restriction is supported by the substantial majority of the other legislators of his own party?

The plain fact is that John Kerry is not a “pro-choice” politician. Much worse, John Kerry is the candidate of the abortion industry itself.

It is for these reasons, principled reasons far beyond those flowing from ordinary partisan politics, that I and so many others genuinely tremble at the prospect of a President Kerry. It is difficult even to contemplate the appalling spectacle of a professing Catholic who knowingly and freely and energetically gives financial and legal aid and moral comfort to those who daily add to our national holocaust. Watching the most powerful man in the country throwing his arms in a warm embrace around those who kill unborn children, while banishing from government and judicial office those who would promote life, would be heart-rendingly painful. That this same man then could claim communion with the Church of Life is astounding. Such unavoidably would be an act of fundamental dishonesty and contempt for the Church’s witness to life. The scandal that would be caused to the faithful and the injury to the Church’s credibility and voice on issues of life might reverberate for years.

In words expressed by many other bishops as well, although not targeted at Kerry in particular, Archbishop John J. Myers of Newark has explained that “Catholics who publicly dissent from the Church’s teaching on the right to life of all unborn” have thereby chosen to separate themselves from the Church and “in a significant way from the Catholic community.” He asked that such people should “honestly admit in the public forum that they are not in full union with the Church,” and that any attempt by such a person to “express ‘communion’ with Christ and His Church by the reception of the Sacrament of the Eucharist is objectively dishonest.” To emphasize the fuller meaning and the powerful meaning of communion is not bullying; it is a matter of simple integrity.

Finally, contrary to Professor Kaveny’s indictment, the prospect of a Kerry Presidency does not evoke in me any thoughts of violence or plans for revolution. Instead, if this tragedy should come to pass, my heart will be broken. Still, I would not accede to any demand that I withdraw into silence or enter into “a life of monastic prayer” (however much I value those fellow-believers with a vocation to the latter). No, I would not be quiet in my expressions of grief. And when an appropriate term of bereavement had passed, a return to hopeful action would follow. At that time, I would hope to rejoin, both in communion and in concerted action for life, those who had played a role in bringing this debacle to pass by foolishly casting a vote for a manifestly unworthy candidate. We all make mistakes.

But the time for mourning has not yet come. We still may be spared the occasion of such grief. To that end, we must continue to speak, forcefully and faithfully, the truth of life, including calling upon our fellow Catholics to consult a conscience properly formed in the teaching of the Church when casting a vote upon which the lives of the next generation of the unborn well may rest. That some seek to distract us from revealing the frailty or cowardice of politicians who deliberately accommodate evil, while cynically professing communion, is all the more reason to bear witness.

Greg Sisk

More from Cathleen Kaveny on Catholics, Abortion, and the Presidential Election

[Cathleen Kaveny asked me to post the message below, which I am delighted to do. This message is in response to some of the comments she has received--comments on her earlier piece, which I posted here on October 16. --mp]


Ecclesiastical Bullies

M. Cathleen Kaveny

My op-ed, Rambo Catholics and Kerry, has prompted some questions. Some
people wondered why I didn't directly respond to Gerry Bradley and Robby
George's piece, Not in Good Conscience, which was itself a response to Mark
Roche's essay, Voting Our Conscience, not Our Religion.. The answer is that I
was trying to change the subject, leaving it to Dean Roche to respond to the
substance of their criticisms. My topic was not the particular arguments in
the Bradley/George piece, but rather a broader rhetorical trend in some
conservative Catholic circles in discussing the obligations of Catholic
citizens with respect to their votes in the upcoming presidential election. In
my view, their piece constitutes but one example of that trend.

Who are "Rambo Catholics"? That is my name for those Catholics who are
trying to bully their fellow brothers and sisters in faith into voting for a
second Bush term. Why "Rambo Catholics"? Well, if I remember the movie
correctly, Rambo was a warrior whose motives were good, but whose means were at
times quite excessive, causing far more damage than necessary. Moreover , he
didn't hesitate to threaten harm to those who stood in the way of his
achievement of a just cause, even if their reasons for doing so were a
difference in judgment, not in goal. So I thought that was an apt--if
colorful--metaphor for the strategy of pro-life Catholics who make it clear
that they brook no political disagreement about how to achieve a world that
protects the most vulnerable, including the unborn. Rambo Catholics are those
who tell their co-religionists, that no pro-life Catholic can vote in good
conscience for Kerry--i.e., without committing a serious sin.

In my view, the moral problem with this strategy of Rambo Catholics in
the context of this election is that it amounts to bullying. What's bullying? In
general terms, a bully is someone who unjustly threatens harm to another party
if that party will not comply with the will of the first party. So, a
schoolyard bully threatens physical harm--to beat up other children if they
don't hand over their lunch money. We grown-ups are far more "civilized" in
our bullying--but no less effective. The type of harm grown-ups trade upon is
more frequently psychological than physical. It generally involves threatening
the loss of a key part of one's personal identity, which is often mediated by
social structures and relationships, some of which may be controlled or
influenced by the bully.

Now for devout Catholics, nothing is more essential to one's identity
than membership in the Church: the body of Christ. So if another Catholic
says to me, "You can't cast a vote for Kerry, no matter what your reasons,
without committing a serious sin, I take that as a threat. What that person
is telling me is that from their perspective, a vote for Kerry puts me outside
the fellowship of the body of Christ. Consequently, they intend to treat me as
if I am no longer a member of the body of Christ. From my perspective, and in
Augustinian terms, this will deprive me of the great good of their fellowship
as aspiring members of the Heavenly City as we sojourn together through the
City of Man. That is not a negligible harm. That is a horror.

One might respond that the threat is justified. But the trouble is, it
is not justified, on any fair reading of the tradition as a whole or recent
pronouncements of the magisterium. Cardinal Ratzinger is not a man known to
mince words. He simply didn't say that no American Catholic can vote for Kerry
in good conscience. He could have, but he didn't. He said that a Catholic can
morally vote for a candidate who supports abortion rights with, and only withm
proportionate reason. Even with full knowledge of the debate ranging in the
U.S., he did not impose a single assessment of proportionate reason on all
Catholics; in the end, he left it up to individual American Catholic voters to
evaluate the issues for themselves--and to evaluate the men running for
president themselves. And so, having formed their consciences, the members of
the body of Christ in America are each going to consider the reasons, and make
their minds--and disagree with one another.

Like Mark Roche, the rest of us pro-life Catholics who are going to hold
our noses and vote for Kerry believe we have proportionate reason for doing so.
Rambo Catholics can disagree with us--even vociferously--that's not bullying.
It's only bullying when they threaten to treat as if we are no longer members
of the body of Christ in good standing if we don't assess the proportionate
reasons in the same way they do--when they tell us, in other words, that we
are committing a serious sin by voting for Kerry, or that we are associating
with moral monsters like racists and Nazis. Notice that the threat isn't
parallel: no pro-life Catholic holding her nose and voting for Kerry is
suggesting that a Catholic who holds her nose and votes for Bush is
committing a serious sin.

So why is this type of bullying so troublesome? Well, bullying is
morally troubling because it demeans both the bullying and the bullied parties.
By bullying, a bully communicates to the bullied party, "I don't care what you
think. I just care that you do what I say--or at least that you shut up
about your disagreement with me and don't make trouble." Bullies aren't
interested in engaging in communication with another person as a person; they
are interested in using him or her to achieve a political objective. Any
interaction between two people in which one attempts to instrumentalize the
other is bad for them both, although in different ways.

Bullying is also morally troubling because it impedes a full discussion of the
issues at hand. Pro-lifers experience this phenomenon all the time. Consider
what happens if you are attending a work function where there are people of all
political and religious viewpoints, and someone says to you, "Any person who
opposes the creation of a right for terminally ill patients to determine the
time and manner of their death with the aid of medication prescribed by a
physician to is utterly insensitive to human suffering--a moral monster."

What are you going to do? On the one hand, you might decide not to speak up--
to preserve the peace, to protect your reputation. If your interlocutor is
nasty, or prone to personal attacks, this may well be a wise strategic
decision. Who wants to be abused or insulted? On the other hand, suppose you
muster the courage to challenge your interlocutor. In that case, your attention
will probably be divided. You will want to deal with the substance of his or
her position on euthanasia. At the same time, you will be unable to dedicate
yourself completely to this task because you will feel an equally strong need
to defend your identity as a merciful human being and not a moral monster,
which your interlocutor has directly challenged. You will want to prove to him
or her that your are a compassionate person, so you begin thinking of indicia of
your own compassion to bring to the fore. Inevitably, the discussion becomes as
much a trial of your character as a consideration of the issues at hand,
siphoning off energy that could have been better spent on the subject matter
itself.

Mark Roche and other pro-life Catholics have attempted to articulate why
they believe there is proportionate reason to vote for Kerry instead of Bush, all
things considered. These reasons might be misguided. Conversely, there might
be other reasons weighing in favor of Kerry that haven't been sufficiently
aired by Catholics (such as our views of their relative intelligence or
judgment of the two men or our relative confidence in their political judgment
to make thousands of important decisions, any one of which could be globally
disastrous). But we can't have a discussion about this in a context where
we're repeatedly told by our interlocutors that any vote for Kerry is a sin, or
even akin to a vote for Nazis or the slaveholders. Why not? Well, go back to
my example of the discussion of the pro-lifer caught in a discussion of
euthanasia at a work function. If I'm in a discussion where a fellow Catholic
who tells me that by holding the position I hold, I'm lumping myself in with
Nazis and slaveholders, well that's telling me I'm a moral monster. It
disrupts my ability to engage in a clear-headed treatment of the issues at hand
in precisely the same way that I described above. You just can't have a good
discussion of important issues with someone who's trying to bully you.

Finally, in the end, bullying is not a politically effective tactic. Most
people instinctively recoil from bullies. Even if we happen to agree with a
bully regarding ultimate ends, and even regarding the strategy they are
pursuing today, we recognize that we might not agree with them on strategy
tomorrow or the next day. And so we know that the tactics they are using
against other people today might soon be turned against us. Who wants to risk
that? Concretely, what this means is further division of the pro-life
movement, with a consequent weakening of its effectiveness. Think about it.
Mark Roche, the Dean of the College of Arts and Letters at the highest-ranked
Catholic university in the country, self-identified as pro-life in the
editorial pages of the New York Times. He also told us why he just can't bring
himself to vote for George Bush. Gerry Bradley and Robby George did not merely
address his arguments, they also questioned his integrity, portraying him as a
tool of the pro-abortion Times. In human terms, how likely is it that Roche,
Bradley, and George will be able to collaborate effectively on pro-life work at
Notre Dame or on the national stage in the future?

So, let's stop the bullying. It's not an appropriate way to treat anyone, let
alone one's fellow members of the body of Christ.

Human Rights for All

Letters from Babylon links to a manifesto titled "Human Rights for All" run in campus newspapers this week by pro-life student groups at America's leading universities.

Rob

Tuesday, October 19, 2004

A Lasting Lesson

Ten days ago my stepdad, Bob May, was killed when he fell from a light pole he was working on. Bob was an electrician and general handyman who never went to college, never read the great books, and never entered into the defining intellectual debates of our time. Nevertheless, he taught me countless lessons since he entered our family when I was ten years old. Many of them are personal, but one seems worth sharing in this forum, as it offers a needed reminder for those in the academy who seek to take faith seriously.

Growing up, my family talked endlessly about religion. We debated theology, explored Christian apologetics, and argued about the cultural implications of faith. Bob did not say much in these discussions, as his background did not give him a whole lot of insight on the intellectual issues that occupied our attention. But one on one, the story was different. Whenever I returned home from college or law school, one of the first questions he would ask was "Rob, how have you seen God in your life recently?" The question would take me aback -- I was perfectly comfortable talking about faith as an abstract concept, much less comfortable articulating my personal life of faith. Eventually, though, I came to see Bob's question as the centerpiece of any discussion that presumes to take faith seriously. We must never lose sight of the fact that, for the truth of faith to matter on the cultural, political, or legal stages, the truth of faith must matter to our daily existence. If we can't articulate that aspect of the faith, the big-picture debates are meaningless sideshows.

A couple of days after Bob died, I was cleaning out his truck and found his old, beat-up lunch cooler. Inside the cooler's lid, he had taped a piece of paper on which he had written the word "PRAY" in big letters. Whenever he opened the cooler, he saw that sign. Bob would not have had much to add to the discussions on Mirror of Justice, but his hand-lettered sign looms large as I contemplate the integration of faith with my intellectual pursuits. If I'm simply trying to sound more clever than the next person or using my God-given ability to grasp for more and more academic prestige, I've missed the point. The intellectual exploration of faith cannot be mistaken for the life of faith. Thanks, Bob.

Rob

Minority Religions and the Religion Clause

Professor Tom Berg, of the University of St. Thomas, has a new paper up on SSRN called "Minority Religions and the Religion Clause." Here is the abstract:

This Article explores a minority-protection approach to interpreting the First Amendment's Religion Clauses. Under such a theory, the Religion Clauses together should be read to protect minority religious beliefs and practices from government burdens, and to equalize the status of minority religions before the government with that of majority faiths. Protecting minorities is not the sole or overriding purpose of the clauses, but it is a significant one. I build on previous scholarly work concerning religious minorities, but in some respects I critique them and reach different conclusions about where a minority-protection approach properly leads.

Part I argues that protection of minority religions should be an important consideration in interpreting the Religion Clauses. Part II addresses difficulties and complications in the idea of protecting minority faiths. The constitutional text protects all religious faiths, not just minorities. In addition, defining which faiths are minorities is more complicated than previous commentators have allowed. Because of America's complex patterns of religious identities, who is a minority will often vary depending on the geographical location, on the institutional setting of a legal dispute, and on how one chooses the key religious differences that sort groups into different categories.

Given these complications, courts generally should refrain from singling out certain religious groups as minorities and treating them differently than other groups. Instead, courts should develop principles for various cases that are applicable to all faiths, but that tend to protect whoever happens to be a minority in the given geographical location, institution, or cultural atmosphere.

Part III develops such principles for the leading categories of Religion Clause disputes. As other commentators have argued, courts seeking to protect religious minorities should read the Free Exercise Clause expansively to exempt religiously motivated conduct from certain laws that impose significant burdens on the conduct. Likewise, the Establishment Clause should be broadly interpreted to restrict government-sponsored religious practices in public schools and other government institutions because of their inherent majoritarian bias.

However, contrary to the common strict-separationist wisdom, permitting government assistance for private religious education and social services can have positive aspects for many religious minorities. The Court's increasing approval of programs of aid is quite defensible under a minority-protection approach, if the program includes measures to protect children and families from being pushed into schools that teach a faith different from their own.

By the way, I'm blogging today from the new law school at the University of St. Thomas, in Minneapolis. Minnesota. The school's facility is fantastic, as is the community of scholars they have assembled in just a few short years. Here is the school's web site. I note that the school's "vision statement" includes the following: "The mission of the University of St. Thomas School of Law , as a Catholic law school, is to integrate faith and reason in the search for truth through a focus on morality and social justice."

Rick

"Free Preach" Rights

This op-ed by Maggie Gallagher includes some interesting anecdotes and observations concerning the rights of religious institutions to engage in "political" expression.

Rick

Disclosure Duties and the Sin of Omission

This paper (mentioned at Larry Solum's "Legal Theory" blog) looks fascinating: Kimberly Krawiec, "Common Law Disclosure Duties and the Sin of Omission: Testing the 'Meta-theories'".

Rick

Monday, October 18, 2004

The Bush Administration and the Estate Tax

Thought readers of this blog would be interested in what Martin Marty has to say about the effort to repeal the estate tax:


Sightings 10/18/04

Estate Tax: Repelling the Repeal
-- Martin E. Marty

November is approaching, which, in the Protestant/Evangelical half of America, is often "Stewardship Month." For those whose charities' fiscal year begins in January, it is also the month for budget-setting. As a former pastor of a congregation, I remain mindful of stewardship. As a former board member of a church-related college and employee of a faith-based, non-profit health care system, I am also mindful of the role of estate-planning, "planned giving," and the value of long-term gifts to colleges, hospitals, and social service agencies. So Sightings has me scanning the secular press for relevant material to pass on, with little need for comment in some cases.

For example, an October 7 column ("A Costly Free Lunch") by my favorite Wall Street Journal columnist -- yes, I have one! -- Albert R. Hunt, with whom I regularly disagree, spells out his viewpoint. "In 2000, individuals made $212 billion in charitable contributions. Much flowed out of generosity and genuine commitment. Some, however, was facilitated by tax planning, particularly the estate tax, where donors could provide for themselves in their lifetimes and their alma mater or charity after their death."

Now the administration wants the estate tax to be repealed, claiming that such a move would help farmers save their farms. "This may be good politics, but it's a fraud." An Iowa State University economist several years ago could not find a single true Iowa family farmer who had to sell the farm to pay estate taxes. (In fact, few Iowa farmers pay the tax at all.) Hunt cites economists who say the repeal will not affect 99 percent of the people. He disagrees; the "death tax," as would-be repealers have it, "is more than simply affirmative action for heirs of rich people." A repeal would mean the loss of $60 billion a year in revenues and it would also hurt state revenues, which piggy-back on them.

The "huge problem," however, is that "it would drain colleges, universities, hospitals, museum, and even churches [repeat: 'even churches'] of much needed funds." How much drop off is expected? The Congressional Budget Office (not "some soak-the-rich band of wealthy-hating lefties," notes Hunt) estimates that overall charitable giving would decline between 6 and 12 percent, from $13 to $25 billion a year. "Charitable bequeaths would suffer even more."

The administration's goal is to eliminate the whole estate tax program by 2010. Why didn't more colleges and hospitals fight against the tax votes of recent years? "There is a ... sinister explanation. Many of these institutions have wealthy trustees who would personally benefit from a measure that would hurt the institution they're supposed to be serving."

Forget "small businessmen and farmers" and entrepreneurs, who, it is alleged, suffer because of the estate tax. In Hunt's eyes, that claim is a "fraud" and a "sham." Join Bill Gates and Warren Buffet, who have given economic reasons not to have the tax repealed. A repeal would put "$60 billion a year back in the hands of mostly wealthy Americans while further squeezing middle-class Americans and some of the institutions that bring the greatest value to our lives." Like colleges, universities, hospitals, cultural institutions, and, yes, "even churches."

----------

Sightings comes from the Martin Marty Center at the University of Chicago Divinity School.

Sunday, October 17, 2004

Catholics, the Presidential Election, and the Bradley/George Jeremiad

In a posting on October 12, Rick Garnett provided a link to a piece that Gerry Bradley (Notre Dame) and Robby George (Princeton) published in National Review Online earlier this week. (If you haven't read the Bradley/George piece, please do so.) Cathy Kaveny has written a Op-Ed piece in response. I asked Cathy for permission to share her piece with the readers of this blog, and she agreed. For those of you who aren't familiar with Cathy, who holds a joint appointment at Notre Dame--law and theology--here are some relevant facts:

Professor M. Cathleen Kaveny, a scholar who focuses on the relationship of law and morality, was named the John P. Murphy Foundation Professor of Law in 2001. She earned her A.B. summa cum laude from Princeton University in 1984, and holds four graduate degrees from Yale University including her M.A. (1986), M.Phil (1990), J.D. (1990) and Ph.D. (1991). A member of the Massachusetts Bar since 1993, Professor Kaveny clerked for the Honorable John T. Noonan Jr. of the U.S. Court of Appeals for the Ninth Circuit.

Professor Kaveny has published over forty articles and essays, in journals and books specializing in law, ethics, and medical ethics. She has served on a number of editorial boards including The American Journal of Jurisprudence, The Journal of Religious Ethics, the Journal of Law and Religion, and The Journal of the Society of Christian Ethics. She has been a Senior Fellow at the Martin Marty Center at the University of Chicago (2002-2003) and the Royden B. Davis Visiting Professor of Interdisciplinary Studies at Georgetown University (1998). Professor Kaveny is a member of the Steering Committee of the Catholic Common Ground Initiative, which was founded by the late Cardinal Joseph Bernardin to help overcome polarization within the Catholic Church. She also serves on the advisory board of the University’s Erasmus Institute, created in 1997 to focus on reinvigorating the role of religiously-based intellectual traditions in contemporary scholarship.

Now, here is Cathy Kaveny's Op-Ed:

Rambo Catholics and John Kerry

A few members of the American hierarchy and a number of influential and aggressive conservative lay Catholics are trying to bully their fellow American Catholics into voting for George Bush. See, e.g., Robert P. George and Gerard Bradley, "Not in Good Conscience," http://www.nationalreview.com/comment/george_bradley200410120849. From the perspective of these "Rambo" Catholics, it's not enough to be convinced that abortion is intrinsically wrong: One has to believe that the only acceptable remedy for the social evil of legalized abortion is a second Bush term no matter what its cost in other matters of the common good, and no matter what its likely effectiveness in reducing the incidence of abortion. No Catholic, according to this group, could possibly cast a vote in good conscience for Kerry; it's akin to a vote for slaveholders or Nazis.

The inflammatory rhetoric demonstrates that this is a high stakes poker game: everything is on the line here for the political fortunes of the Rambo Catholics, that is. To see why, ask yourself what their rhetoric commits them to doing if Kerry wins.

Will Rambo Catholics turn against the American government? In a notorious article in First Things (1996), Robert P. George, the McCormick Professor of Jurisprudence at Princeton University (and a member of the President's Council on Bioethics), argued that the very legitimacy of the American government is hanging by a thread because of Roe v. Wade. While we can buy some time by arguing that Roe is bad constitutional law, he tells us that ultimately we have to face the fact that it is the province of the judiciary to interpret the Constitution. It seems to me that George would have to consider the election of Kerry, who could appoint as many as four Supreme Court Justices, to be the last straw: He writes, "If the Constitution really did abandon the vulnerable to private acts of lethal violence, and, indeed, positively disempowered citizens from working through the democratic process to correct these injustices, then it would utterly lack the capacity to bind the consciences of citizens. Our duty would not be to accept a common mandate, but to resist."

What form would that "resistance" take? Surely not just normal political protest. Would Rambo Catholics pressure the US Bishops to bless an armed revolution against the American government? Would their call now be for faithful Catholics to secede from the United States, to form another Holy Roman Empire? Are they really ready to lead us into another Civil War? Or if they are not ready, would the only reason be the prudential consideration that they are not likely to win? If they don't advocate full scale revolution, what forms of guerilla tactics will they allow to disrupt the workings of the government? Taken at face value, it is hard to see where else this logic and their rhetoric could lead.

As long as Bush remains president, the full force of their position is blunted: no need to engage in resistance, because the hope of overturning Roe by changing the composition of the Supreme Court remains alive. If Kerry is elected however, the radical--and potentially violent--implications of their rhetoric will be unmasked for what it is: an outrageous verbal bluff. They ought to be reduced to silence, because they have given themselves no verbal space for working within the system for incremental change, and because the revolutionary alternative they have left for themselves is preposterous. Silence does seem to be a fitting consequence for making an outrageous verbal bluff, and a fitting penalty for ecclesiastical bullies (particularly, in my view, if combined with withdrawal to a life of monastic prayer).

Will Rambo Catholics pressure the Vatican to cut off diplomatic relationships with the United States if Kerry wins? Will they demand that the Pope refuse to accept the credentials of a Kerry ambassador to the Holy See? What will they say if the Vatican decides to cultivate, as best it can, a candid and open relationship with the only remaining superpower in the world, led by a practicing Catholic? If challenged, the Vatican would likely say that it is maintaining diplomatic relations with Kerry, not because it supports his position on abortion, but because it believes that doing so is necessary for the common good, to advance the interests of the weakest and most vulnerable around the world (including the unborn). In technical terms, any appearance of legitimacy they unintentionally lend to Kerry's abortion policies is called permissible material cooperation with evil. But the Vatican's reasons for maintaining diplomatic relations with Kerry wouldn't be different in kind from the reasons that faithful Catholics might vote for him instead of Bush. Indeed, Cardinal Ratzinger has recently clarified that it is not always wrong for a Catholic to vote for a politician who supports legalized abortion, provided that she does so not in order to support abortion, but in order to achieve other essential aspects of the common good.

So will the Rambo Catholics apply the same bullying tactics to the Vatican that they have applied to their fellow Catholics in the United States? Will they accuse Rome of giving scandal by cooperating with a leader they have lumped in with the Nazis? Will they set themselves firmly against Vatican policy, bemoaning the Church's lack of fidelity to the purity of divine moral teaching? Will they go into schism, like Archbishop Marcel Lefevre, who rejected the Second Vatican Council as inconsistent with the true Catholic faith? Not very likely in my view. But how, then, can they escape the charge of a cynical and abrupt about-face in their position?

Never bet against the "house"--especially in a high stakes poker game. And in the Catholic Church, the "house" does not belong to the Rambo party. It belongs to the party of the "poor banished children of Eve." I have taken the name from a prayer addressed to Mary, the mother of Jesus (said after Mass in the old days for the conversion of Russia): "Hail, Holy Queen, Mother of Mercy, our life, our sweetness and out hope! To you do we cry, poor banished children of Eve; to you do we send up our sighs, mourning and weeping in this valley of tears." The "poor banished children of Eve" are trying to make their way the best they can in the shadows of a world still marred by sin.

What are the "house rules" of the Church belonging to the "poor banished children of Eve"? One was set long ago by St. Augustine. The faithful, the members of the City of God, cannot expect to set up a political government on this earth that is free from injustice, even gross injustice. Augustine argues that political life East of Eden will inevitably entail an admixture of good and evil, by divine design. God suffers the wheat and tares to grow alongside one another in the City of Man until the end of time; to attempt to uproot the tares, particularly by violence, may well inflict untold harm upon the wheat. If Kerry is elected, it will become abundantly clear that the articulated strategy of the Rambo Catholics involves burning down the entire field. Such blatant violators of house rules should turn in their chips.

What happens if Bush wins? As they consider how to vote, Catholics counting themselves among the "poor banished children of Eve" should ask themselves this question. Would the most vulnerable members of our society really be better off if the world's only superpower were governed by Bush and his allies, or by John Kerry and his? In my view, the answer to that question is becoming clearer with every inflammatory thing the Rambo Catholics say and write.

Saturday, October 16, 2004

"Being Faithful"

I want to pursue one point in John Breen's response to my earlier posting becuase I think it addresses a fundamentally important question. John says, "isn't it more important to be faithful than to be effective? That is, because we are dealing in the case of abortion with the foundational issue of who counts as a member of our society (i.e. who is a person) perhaps our vote should stand on the principle of the matter rather than on causal arguments open to serious challenge."
I think the question is what does it mean to be faithful in this case. That is, is an act of greater faithfulness for one who is morally opposed to abortion to vote for (i) a candidate who says he is against abortion if one believes the candidate's policies are not the most condusive to eliminating abortion or to promoting the sanctity of life from conception to death; or (ii) a candidate who says he is pro-choice but whose social welfare policies (access to health care, minimum wage, etc) one believes are more likely to create a situation where fewer people feel trapped into having an abortion and whose policies one believes are overall more promotive of sanctity of life. (I recognize that at some level this is too simplistic - there is a lot else that is required to try to eliminate abortions, and whoever is elected those things need to be done.)
As I was thinking of this the other day, what came to mind was the parable of the two sons in Matthew. A man asked his two sons to go and work in the vineyard. One told the father no, but afterward changed his mind and went. The other said yes, but did not go. The answer to Jesus question of which did the will of the father was the first, not the second. (Jesus went on to tell his followers that tax collectors and prostittues are entering the kingdom of God before them.)
I struggle with this issue and would be happy to hear from others (assuminmg there are people not yet tired of this thread).
--Susan