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.

Friday, March 5, 2010

Is Bart Stupak wrong?

I confess that I'm one of those Americans who really wants to understand health care reform, but every time I see a sustained adult discussion of it on a show like Charlie Rose, my eyes begin to glaze over and I switch over to watch people say dumb things on Jay Leno so that I can feel smart again.  Not surprisingly, then, I don't know whether the Senate health care bill ends up funding abortions or not.  Timothy Noah says it doesn't:

What really rankles Stupak (and the bishops) isn't that the Senate bill commits taxpayer dollars to funding abortion. Rather, it's that the Senate bill commits taxpayer dollars to people who buy private insurance policies that happen to cover abortion at nominal cost to the purchaser (even the poorest of the poor can spare $1 a month) and no cost at all to the insurer. Stupak and the bishops don't have a beef with government spending. They have a beef with market economics.

Is he right?

Does providing benefits to same-sex spouses legitimize SSM?

The Washington Post reports on a former executive of Catholic Charities, Tim Sawina, criticizing the decision to change spousal benefits policies in order to avoid legitimizing same-sex marriage.  A quote:

"Providing health care to a gay or lesbian partner -- a basic human right, according to Church teaching -- is an end in itself and no more legitimizes that marriage than giving communion to a divorced person legitimizes divorce, or giving food or shelter to an alcoholic legitimizes alcoholism."

The response from the Archdiocese of Washington -- at least the response reported by the Post -- was not exactly compelling:

The archdiocese responded to [Tim] Sawina's letter Thursday, calling it an inaccurate portrayal of the Church's position and saying that his appeal to the organization's board of directors would have no effect, because the board can't overturn the archbishop's decision.

For more analysis, check out Get Religion's coverage.  So what should the Archdiocese have said in response to Sawina's letter?

Challenges

Challenges was my first post on the new Law, Religion, and Ethics blog.  In that post, I posed some questions for both theists and secularists, concluding with:

Can and should theology and theologically informed philosophy provide a foundation for the rights, liberty, and equality we cherish (the inalienable rights mentioned in the Declaration) in our pluralistic society? Is Christian intolerance of difference a real concern? Is it any more of a concern that secularist intolerance of Christian belief? How do we achieve the right balance between communal needs – the common good – and individual freedom to diverge from communal norms? Is the right balance more likely to be achieved in a secularist state where religion is privatized and marginalized or in a theistically informed secular state where the ultimate questions are welcomed and robustly debated in the public square?

 

If you want to weigh in comments are open at the link above.

 

Thursday, March 4, 2010

Bill Stuntz: "You Will Call, I Will Answer"

Bill Stuntz, Harvard law professor, nationally recognized scholar, devout Christian, and friend to many in the Mirror of Justice community, is interviewed on the Patheos web site.  As another friend of Mirror of Justice said in passing this link on to me, this is a moving and inspiring account of a faithful and faith-filled person who is openly facing the end of his life.  Rather than attempt to provide a synopsis or excerpts below, I encourage everyone to read the full interview here.

Wolfe & Hirsch on our common culture

Alan Wolfe has an interesting review of E.D. Hirsch's new book, The Making of Americans.  Apparently Hirsch, as characterized by Wolfe, takes issue with school choice as a "conservative" movement:

School choice by its very nature militates against one of his major recommendations: the adoption of a common curriculum that all students must learn. Libertarianism, his analysis reminds us, is not the same as conservatism. Unquestioning reliance on the free market puts the individual and his or her immediate desires at the center of the moral universe, not unlike the cultural and moral liberationism celebrated during the 1960s. If the New Left was particularistic rather than universalistic, so are advocates of school choice. By contrast, Hirsch argues that we need more common space and not the invasion of the schools by consumer culture.

And then Wolfe adds:

[Religious schools] are not part and parcel of the common culture. Even if they are not narrowly sectarian, they still teach from a particular point of view. In doing so, their insistence on Christian or religious ways of knowing borrows from advocates of identity politics in the secular realm who insist that women or racial minorities have voices that must be heard in a multicultural curriculum. I for one do not believe that there would have been a religious revival in the 1980s without the countercultural revival of the 1960s as a model. If our common culture is fractured, religious communities must share the blame.

I agree that school choice need not be portrayed as "conservative," and that many Christians who are active in the public square today owe a lot to the identity politics of the past.  But the purported tension between the emerging pluralism in the educational sphere (of which I'm a fan) and a "common culture" is overstated, I fear.  There is a lot to say in response, but not having read the book yet, I'll limit myself to pointing out that a common culture is not a uniform culture, and that a shared civic culture is not necessarily precluded by a rich diversity of communities within that culture.  If we think of American civic culture as the lowest common denominator in terms of shared ideals about liberty, equality, and virtue, why would we need to discourage communities from inculcating values that transcend -- without necessarily defying or ignoring -- the lowest common denominator?  In that regard, does religious diversity itself threaten our common culture?

Wednesday, March 3, 2010

Sex offenders, public safety, and human dignity

The horrifying rape and murder of high schooler Chelsea King brings to mind one of the most vexing questions facing our criminal justice system: what should we do with sex offenders?  I don't have an easy answer, other than that we need to be careful not to expand the category of sex offenses to include folks who do not pose a significant risk of danger in the future.  But for those who fall squarely within that classification, how do we safeguard the community while respecting the dignity of the offender?  As science helps us identify tendencies, there will be a temptation to intervene earlier and more aggressively.  Chemical castration is a popular option, especially since life imprisonment for most sex offenses is not an option.  But as John Stinneford has argued in this excellent paper, chemical castration itself poses (or should pose) significant problems for those committed to human dignity. 

Rational thought and moral choice

If we have more time to think, are we more likely to make the selfless choice?  A new study of the sinkings of the Titanic and Lusitania seems to indicate as much.  Is this evidence of "the presence of the divine?"  Does it show that the intellect can be altruistic when it has a chance to trump instinct?  Or does it show that we're "hardwired for empathy?"  (Or maybe just that the men on the Titanic were more noble than the men on the Lusitania?)

Gay Marriage Comes to the United Kingdom

See this post by Steve Shiffrin, at ReligiousLeftLaw.

Commonweal's Paul Baumann on Archbishop's Chaput's Houston Speech

[Several comments on the speech here, including this by Paul Baumann, editor of Commonweal:]

I attended the Fordham conference on Kennedy’s speech, and remember well Shaun Casey’s rebuttal to those, such as Chaput, who insist that the speech was an effort to “privatize” religion. “After the [Kennedy] speech there was a question-and-answer period,” Casey said, “The transcript of the Q&A session is actually three times as long as the speech itself. The exchanges there, in particular, I think helped knock down the argument that somehow Kennedy was declaring his Catholicism to be purely private, and hence irrelevant. He embraces his Catholicism. He says he’s not renouncing his church. At the very end, he said, ‘I don’t think I made any converts to my church in the process of this meeting, but I don’t repudiate my faith.’”

So it seems clear to me that Chaput’s reading of the speech is anachronistic at best. Chaput’s talk is also studded with provocative but vague declarations about the false faith of others: “It’s a form of lying,” “They’re not optional,” “I wonder if we’ve ever had fewer of them who can coherently explain how their faith informs their work, or who event feel obligated to try,” “Too many live their faith as if it were a private idiosyncrasy—the kind that they’ll never allow to become a public nuisance. And too many just don’t really believe.” This doesn’t strike me as the kind of language one uses when trying to persuade those who might disagree with you, let alone fellow Christians. In any event, Chaput fails to make a plausible case that Kennedy’s speech “profoundly undermined the place not just of Catholics, but of all religious believers, in America’s public life and political conversation.” Even if you accept the notion that religious believers have been marginalize in this way—which I don’t—it’s quite a stretch to lay the blame at Kennedy’s door.

As many contributors to this blog know, long-time Commonweal columnist John Cogley was an important adviser to Kennedy and a speechwriter Ted Sorenson for the Houston address. Cogley concluded his 1973 book “Catholic America” as follows: “While Catholicism can coexist very well with separation of church and state, its best representatives will always refuse to separate religion and life. And that makes all the difference.”

Happy Anniversary, Front Porch Republic

If you are not reading the "Front Porch Republic" blog (here), you should be.