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, January 8, 2013

Planned Parenthood: A Record Year

Requests for contraceptive services apparently are in decline at Planned Parenthood.  And Planned Parenthood has decreased its cancer screening services by nearly a third. But public funding for Planned Parenthood continues to go up.  As do abortions.

While Planned Parenthood set a record for the last fiscal year in pulling in half-a-billion dollars from the taxpayers -- amounting to nearly half of its funding -- it has been downsizing services other than termination of pregnancies (here).  During the past three years alone, the nation's largest abortion provider has snuffed out the lives of a million unborn babies.

The Pro-Life movement may be winning hearts and minds (here).  And praise God for His mercy in drawing the young people to Him.

In the meantime, we must not forget the grim reality that daily "terminates" innocent lives in abortion clinics around this country -- nearly a thousand littles ones destroyed each day in Planned Parenthood clinics, as that organization draws in hundreds of millions in taxpayer funds with the support of its primary patron in the White House.  The Obama years are proving to be the most lucrative for the abortion industry.

Mary, Mother of God, pray for us.

Monday, January 7, 2013

G.K. Chesterton on Notre Dame football

In honor of the national title game.

On Saturday, Oct. 11, 1930, the Irish beat Navy, 26-2.  What follows is Chesterton's poem commemorating the occasion:


 

 

The Arena

Causa Nostrae Laetitiae

(Dedicated to the University of Notre Dame, Indiana)

 

 

There uprose a golden giant
                      On the gilded house of Nero
Even his far-flung flaming shadow and his image swollen large
                     Looking down on the dry whirlpool
                     Of the round Arena spinning
As a chariot-wheel goes spinning; and the chariots at the charge.

 

                        And the molten monstrous visage
                        Saw the pageants, saw the torments,
Down the golden dust undazzled saw the gladiators go,
                        Heard the cry in the closed desert
                        Te salutant morituri,
As the slaves of doom went stumbling, shuddering, to the shades below.

                         “Lord of Life, of lyres and laughter,
                         Those about to die salute thee,
At thy godlike fancy feeding men with bread and beasts with men,
                        But for us the Fates point deathward
                        In a thousand thumbs thrust downward,
And the Dog of Hell is roaring through the lions in their den.”

 

           I have seen, where a strange country
                      Opened its secret plains about me,
One great golden dome stand lonely with its golden image, one
                      Seen afar, in strange fulfillment,
                      Through the sunlit Indian summer
That Apocalyptic portent that has clothed her with the Sun.

 

                         She too looks on the Arena
                         Sees the gladiators grapple,
She whose names are Seven Sorrows and the Cause of All Our Joy,
                         Sees the pit that stank with slaughter
                         Scoured to make the courts of morning
For the cheers of jesting kindred and the scampering of a boy.

                        “Queen of Death and deadly weeping
                        Those about to live salute thee,
Youth untroubled; youth untutored; hateless war and harmless mirth
                        And the New Lord's larger largesse
                        Holier bread and happier circus,
Since the Queen of Sevenfold Sorrow has brought joy upon the earth.”

 

                        Burns above the broad arena
                        Where the whirling centuries circle,
Burns the Sun-clothed on the summit, golden-sheeted, golden shod,
                        Like a sun-burst on the mountains,
                        Like the flames upon the forest
Of the sunbeams of the sword-blades of the Gladiators of God.

                        And I saw them shock the whirlwind
                        Of the World of dust and dazzle:
And thrice they stamped, a thunderclap; and thrice the sand-wheel swirled;
                        And thrice they cried like thunder
                        On Our Lady of the Victories,
The Mother of the Master of the Masterers of the World.

                        “Queen of Death and Life undying
                        Those about to live salute thee;
Not the crawlers with the cattle; looking deathward with the swine,
                        But the shout upon the mountains
                        Of the men that live for ever
Who are free of all things living but a Child; and He was thine.”

HT: Chris Scaperlanda

 

Tiebout Sorting and Public Education

In addition to the concerns voiced below by Rick and Marc to what was (apparently) Dean Chemerinsky's suggestion at the AALS session on education law that we should address inequality and segregation in K-12 education by creating large metropolitan-wide school districts, I would note that there is an at least debatable question about whether creation of metro districts would solve the problems of public schools (apart from the issues about private education that Rick and Marc have talked about already). For reasons I vividly recall studying in a seminar with Rick Hills and as summarized in this NBER research abstract by Caroline Minter Hoxby, there are substantial public finance arguments based on the Tiebout model that higher levels of geographic and financial centralization of public education make everyone worse off (subsidiarity!). See also the discussion of school finance in William Fischel's The Homevoter Hypothesis: How Home Values Influence Local Government Taxation, School Finance, and Land-Use Policies about why de-linking property values and public education spending has not turned out well (California is Exhibit A). I don't doubt that reforming K-12 education should be a social justice priority, only that some of the usual easy solutions (centralized state funding for education, larger districts) would be successful. Here is a bit from Hoxby's paper (though I gather part of Dean Chemerinsky's argument is that overruling Milliken v. Bradley and engaging in widespread busing would address some of what Hoxby argues here):

Choice among districts turns out to have little effect on the degree of segregation among students. The reason is that, empirically, the degree of racial, ethnic, and income segregation that a student experiences is related to the degree of choice among schools in a metropolitan area, but not to the degree of choice among districts. In other words, students are just as segregated in metropolitan areas that contain few districts as they are in metropolitan areas that contain many districts. Households sort themselves into neighborhoods inside districts; neighborhoods and schools are small enough relative to districts that district boundaries have little effect on segregation.

This result demonstrates how important it is to compare realistic alternatives. The realistic alternative to a metropolitan area with a high degree of choice among districts is not a metropolitan area in which all schools are perfectly desegregated and every student is exposed to similar peers. The realistic alternative is a metropolitan area with a low degree of choice among districts and a substantial degree of segregation among schools.

What Was Mary Thinking?

The Catholic Bishops will not endorse the theology embedded in Colm Toibin’s novel, The Testament of Mary. Nor will any Protestant bodies. Indeed, religious conservatives such as Mark Shea (see here) are particularly defensive about the book’s depiction of a decidedly non-traditional Mary. He derides the book as “Catholic-hating detritus,” a “viciously dishonest little screed,” “a torrent of invective against the gospel through his Marian sock puppet,” that does for Mary what Dan Brown did for Jesus.

The comparison with Dan Brown is inapt in many respects. Most significantly, Toibin is an outstanding writer, twice shortlisted for the Man Booker prize, not the kind of writer who produces one-damn-thing-right-after-another page turners, however inventive.

I would think that anyone less defensive than a Christian conservative would recognize that the book’s heretical views make for a better novel: surprising, independent, unpredictable, and fresh.

Most important as Susan Stabile argues in an excellent review of the book (see here), “I like the encouragement to try to go beyond the little we have in scripture about many figures – including Mary – to try to understand what they must have been feeling. The book is a reminder that the figures about whose lives we read only snatches in the Gospels were real people with real – and complex – emotions.”  That is exactly right. A preoccupation with heresy misses the invitation to think about the humanity of Mary and the provocation to think about how she experienced the life of her son, especially the crucifixion.

Indeed, I would argue that reading The Testament of Mary is a form of prayer. It is not possible to read the book without wondering what Mary was really thinking. When Jesus was 12 and Jesus told her he was to be in his Father’s house, she did not understand. How did she understand the crucifixion? As a mother, did she come to think it was worth it?

There is a wonderful prayer site, sacredspace.ie (run by the Irish Jesuits but useful for Catholics and Protestants alike) which in addition to encouraging meditation and dialogue with Jesus, and commenting on gospel passages, promotes the kind of reflections of time, place, and emotions that inhabit Toibin’s book. It is ordinarily not easy for many of us to do. Insofar as Mary is concerned, Toibin’s book makes it impossible not to think about the life experience of Mary during a time period in which she is given Biblical short shrift.

 

St. Andre Bessette says . . . Go Irish!

Catholic education "in need of salvation"

In today's New York Times, Patrick McCloskey and Joseph Claude Harris have an op-ed that connects nicely with Marc's post, below, on Erwin Chemerinsky's recent misguided (and morally repulsive) proposal to "require all children to attend public schools and to require that they do so within districts made up of metropolitan areas."   The authors are, I think, quite right that, insofar as the Church has de-emphasized parochial education as an essential aspect of her mission, she has "lost her way."  They stop short, though, in their recommendations, of an essential point:  It is not enough that the Church prioritize parochial education, it is also necessary that the political community provide equitable support for the very public work of Catholic schools.  These schools provide a "public service", and are morally entitled to public support for doing so.   

Sunday, January 6, 2013

Chemerinsky Urges Compulsory Public Schooling and the Elimination (and Unconstitutionality?) of Private Schooling

I am not attending the AALS conference this year, but I thought to reproduce (with permission) a message on a constitutional law listserv that I'm on, written by Pepperdine law professor Mark Scarberry.  Mark reports his impressions of a presentation by UC Irvine law dean Erwin Chemerinsky:

Dean Chemerinsky stated, if my memory is correct, that the only way to deal with educational disparities and the problem of (de facto) resegregation of public schools is to require all children to attend public schools and to require that they do so within districts made up of metropolitan areas. That would include suburbs along with inner cities, so that racial integration by busing will be possible. He stated that Milliken v.  Bradley should be overruled, so that suburban school districts could be, for these purposes, combined with inner city school districts to allow integration. He also stated that Pierce v. Society of Sisters should be overruled, so that all children could be required to attend these racially mixed public schools. As I understand it, he thinks that only if whites are required to put their children in the same schools as those attended by racial minorities will there be the political will to provide the resources so that minority students can receive a quality education. He said that parents who wanted to have their children receive religious education or other forms of education could have them receive it after school or (I believe he said) on weekends.

I don’t think he meant to say that the right of parents to control their children’s upbringing and education would be eliminated, but that the right should be overridden by a compelling state interest in providing an adequate education to all students. It wasn’t clear to me whether he wanted all the work to be done by the courts, with courts holding that the Constitution requires that all students attend schools on such a metropolitan-area racially-mixed basis (either as a matter of equal protection or as a matter of a fundamental right to an adequate public education) --- or, alternatively, that the Court should allow Congress or states to impose this scheme.

I thought this proposal might be of interest to MOJ readers, and I am opening comments -- though in the comments, it would be best either to get (a) confirmation and/or further elucidation of Dean Chemerinsky's remarks; or (b) analysis of the legal implications of compulsory public education and the overruling of Milliken v. Bradley and/or Pierce v Society of Sisters.  There is certainly a pressing need to take seriously the problem of grossly undereducated children in urban and poor areas, and the consequences of Milliken were pretty awful, though what exactly is to be done about that is obscure, at least to me (this is not my area of expertise).  But this proposal seems, as Mark later notes, rather illiberal.  It also doesn't quite do justice to the reasons for attending a religious school, or any private school for that matter (admittedly, my own educational experience has been entirely within such schools).  I also wonder whether Dean Chemerinsky, as part of his proposal, would be favorably disposed to overruling McCollum v. Board of Education, in which the Court in 1948 held that it violated the Establishment Clause for public schools to release students for religious instruction on school premises, taught by teachers outside the public school system.  It seems to me that Dean Chemerinsky would probably approve of Zorach v. Clausen (but maybe not, because the released time program was being conducted during regular school hours, let alone all of that “Supreme Being” stuff), where the Court in 1952 approved released time religious instruction off school premises.  In conjunction with the (constitutionally mandated?) elimination of private schools, does he envision a larger role for the state (financial or otherwise) in religious education?  If not, after private and religious schools are effectively closed down by the state (whether by judges or by legislators), where would students receive the education that their parents, and they, actually want? 

Pedophilia as a "sexual orientation"

The logic of expressive individualism and sexual revolutionary ideology relentlessly plays itself out.  Is it 1967 for pedophilia?  From the British newspaper The Guardian:

http://m.guardian.co.uk/society/2013/jan/03/paedophilia-bringing-dark-desires-light

It's worth reading the whole thing, but here are some key quotations:

"There is, astonishingly, not even a full academic consensus on whether consensual paedophilic relations necessarily cause harm."

"In 1976 the National Council for Civil Liberties, the respectable (and responsible) pressure group now known as Liberty, made a submission to parliament's criminal law revision committee. It caused barely a ripple. 'Childhood sexual experiences, willingly engaged in with an adult,' it read, 'result in no identifiable damage … The real need is a change in the attitude which assumes that all cases of paedophilia result in lasting damage'."

"There is much more we don't know, including how many paedophiles there are: 1-2% of men is a widely accepted figure, but Sarah Goode, a senior lecturer at the University of Winchester and author of two major 2009 and 2011 sociological studies on paedophilia in society, says the best current estimate – based on possibly flawed science – is that 'one in five of all adult men are, to some degree, capable of being sexually aroused by children'."

"A Dutch study published in 1987 found that a sample of boys in paedophilic relationships felt positively about them. And a major if still controversial 1998-2000 meta-study suggests – as J Michael Bailey of Northwestern University, Chicago, says – that such relationships, entered into voluntarily, are 'nearly uncorrelated with undesirable outcomes'."

"But there is a growing conviction, notably in Canada, that paedophilia should probably be classified as a distinct sexual orientation, like heterosexuality or homosexuality. Two eminent researcher testified to that effect to a Canadian parliamentary commission last year, and the Harvard Mental Health Letter of July 2010 stated baldly that paedophilia "is a sexual orientation" and therefore 'unlikely to change'."

"Some academics do not dispute the view of Tom O'Carroll, a former chairman of PIE and tireless paedophilia advocate with a conviction for distributing indecent photographs of children following a sting operation, that society's outrage at paedophilic relationships is essentially emotional, irrational, and not justified by science. 'It is the quality of the relationship that matters,' O'Carroll insists. 'If there's no bullying, no coercion, no abuse of power, if the child enters into the relationship voluntarily … the evidence shows there need be no harm'."

"For Goode, though, broader, societal change is needed. 'Adult sexual attraction to children is part of the continuum of human sexuality; it's not something we can eliminate,' she says. 'If we can talk about this rationally – acknowledge that yes, men do get sexually attracted to children, but no, they don't have to act on it – we can maybe avoid the hysteria. We won't label paedophiles monsters; it won't be taboo to see and name what is happening in front of us'."

"'We can help keep children safe,' Goode argues, 'by allowing paedophiles to be ordinary members of society, with moral standards like everyone else', and by 'respecting and valuing those paedophiles who choose self-restraint'. Only then will men tempted to abuse children 'be able to be honest about their feelings, and perhaps find people around them who could support them and challenge their behaviour before children get harmed'."

Friday, January 4, 2013

Illinois Letters re. Same-Sex Marriage and Religious Liberty

Illinois is considering and seemingly moving toward (although perhaps more slowly than expected) recognizing same-sex marriage.  Latest letters from two groups of academics, arguing for religious-liberty provisions, are here, here, and here.

Movsesian on Concerning Developments in the UK

My colleague, Mark Movsesian, has a very worthwhile post on a couple of cases in Great Britain involving several infringements of religious liberty that have recently been ratified by the government.  Here's a chunk from Mark's post:

In England, a High Court judge recently ruled that employers may discipline observant Christians who refuse to work Sundays.

The case involves Ms. Celestina Mba, who worked as a caregiver in a government-run children’s center. A devout Baptist, she goes to church every Sunday and does not wish to work on that day. When her employer — a government agency, note, in a state with an established church — pressured her to work Sundays, she quit and sued for employment discrimination. She lost at trial and, last month, in the High Court as well.

Why did she lose? English law allows employers to require employees to work Sundays if there is “a legitimate business need.” According to press reports, though, the High Court did not rely on that principle in Ms. Mba’s case. Rather, the court reasoned that Christianity did not require Sabbath observance in the first place. Plenty of Christians work Sundays, the court noted; only a few, like Ms. Mba, see it as a problem. As a result, religious freedom was not seriously implicated by requiring her to work. Employers, the court reasoned, do not need to accommodate outliers like Ms. Mba.

Now, this reasoning is very odd. The fact that some of those Christians who work Sundays might be doing so because they have to — that is, because otherwise they would lose their jobs — apparently did not occur to the court. Moreover, the fact that many Christians see no problem with working Sundays doesn’t mean that other Christians cannot have a legitimate religious objection. Courts don’t usually require that practices be “mainstream” within a religion in order to receive legal protection. Besides, attending church on Sundays is hardly an esoteric practice in Christianity. Many Christians are known to do it — though not in today’s England, I guess.