Monday, January 18, 2010
Home Schooling
Garvey on Conscience
As I read John Garvey, I believe he is contending that the Hyde Amendment is based on Madisonian principles. He is suggesting that persons should not be compelled to support ideologies to which they are opposed. I doubt this is defensible. My tax dollars are used to support wars to which I am morally opposed and a defense department that has supported American materialism and exploitation. I resent this, but I do not think it violates Madisonian principles. The Madisonian principle applies to support of religion, not to activities that a segment of the population regard as immoral.
If the Hyde amendment is defensible, it is because there is a significant difference between precluding the criminalization of abortions and subsidizing them. One can not criminalize the making of most movies, but this does not mean they deserve a subsidy. On the other hand, if the decision whether to have an abortion is best left to a women's decision (an assumption most people on this site deny) and not merely the absence of a significant enough state interest to justify criminalization (an assumption also not shared by most on this site), denying the option to poor women by refusing to subsidize is to my mind not well supported by the existence of moral opposition, but the question whether to defer to that opposition is only confused by calling it Madisonian.
"Virtual" March for Life
A new bishop for Ft. Wayne-South Bend
Welcome to Bishop Kevin C. Rhoades, the recently installed ninth bishop of the Diocese of Ft. Wayne-South Bend! Rocco (no surprise) has details on the installation, and also the full text of Bishop Rhoades' homily. Here's a bit:
As I begin my ministry as Bishop of Fort Wayne-South Bend, I wish to reaffirm my commitment to my episcopal motto, “to proclaim the truth in charity.” These words come from St. Paul's letter to the Ephesians where he writes: “Let us, then, be children no longer, tossed here and there, carried about by every wind of doctrine that originates in human trickery and skill in proposing error. Rather, let us profess the truth in charity and grow to the full maturity of Christ the head. Through him the whole body grows, and with the proper functioning of the members joined firmly together by each supporting ligament, builds itself up in love.” — Ephesians,: 4:14-16.
These words of St. Paul remind us of our mission: to profess the truth in charity. In his trial before Pontius Pilate, Jesus himself proclaimed that “(he had) come into the world to bear witness to the truth.” — Jn 18:37. We carry on this mission. Our duty is to bear witness to the truth of the apostolic faith we have received and to act as witnesses of the Gospel in word and deed. I am reminded of the words of the Apostle Paul to one of his successors, one of the first bishops of the Church, St. Timothy: “Never be ashamed of your testimony to our Lord.”
This is an important exhortation for us today, living in a culture of increasing secularism and relativism, a society in which the Catholic faith is increasingly counter-cultural. “Never be ashamed of your testimony to our Lord.” At Baptisms and Confirmations, after the baptismal promises are made or renewed, the bishop or priest says: “This is our faith. This is the faith of the Church. We are proud to profess it in Christ Jesus our Lord.” My brothers and sisters, we should always be proud to profess our Catholic faith, doing so with courage and without equivocation.
My episcopal motto, “veritatem in caritate” (“truth in charity”) is a reminder that truth and charity must always go together. Love and truth are “the vocation planted by God in the heart and mind of every human person.” — “Caritas in Veritate” No. 1. Human beings are created in the image and likeness of God who is “Eternal Love and Absolute Truth” (ibid).
One of the greatest challenges we face in our culture today is relativism, the denial of the existence of objective truth. As we heard, St. Paul wrote to the Ephesians about the danger of letting oneself be tossed and swept along by every wind of teaching. The day before his election as pope, Cardinal Ratzinger said in a famous homily that “we are moving toward a dictatorship of relativism that does not recognize anything as certain and has as its highest goal one's own ego and one's own desires.”
Nancy Pelosi, Scott Brown, 'Free Will,' & Abortion
Hello All,
A couple of quick comments occasioned by our recent posts on Ms. Pelosi and Mr. Brown.
First, on Archbishop Neiderauer's response to Speaker Pelosi's mourning her difference of opinion with the American bishops, it's not clear to me that the Speaker is guilty of the conflation of which the Archbishop appears to accuse her. It would indeed have been loose -- and indeed incoherent -- of her to confound (a) a moral or natural right to be legally free to make choices that might prove to be morally wrongful, with (b) a moral right to make morally wrongful choices. (Were this identification sound, then it would be difficult indeed to make sense of the concept of moral wrongfulness.) But no such conflation need follow, it seems to me, from what Speaker Pelosi is quoted here as saying. Perhaps in her fuller set of comments (which I've not seen) she fell into some such blunder, but in the quoted language she can readily be interpreted as making the unobjectionable point that one has a natural right not to be civil-legally prevented from making at least some choices that might turn out to be morally wrongful. That point seems to me to be logically impeccable. Of course, it still leaves open the obvious truth that there also are many morally wrongful choices -- notably those that involve harm, including death, to others -- that one has no natural right to be civil-legally free to make. (There are of course very firm natural law foundations for civil laws that protect lives from harm.) And so it seems to me that it is there that Archbishop Neiderauer should fix his aim if he wishes to challenge Speaker Pelosi. Let me also applaud, while I'm at it, the Archibishop's cite to Fyodor D, whose splendid Karamazov is worth reading in full at least once per year in this poster's humble opinion.
Next, on Scott Brown, I think it worth noting that, notwithstanding the ad run by some of Ms. Coakley's supporters aiming to tar him as a 'pro-life extremist,' Mr. Brown apparently identifies himself, as do sundry 'tea party' sorts, as a 'pro-choicer' well to the 'left' of the 'RINOs' whom they deplore. See, e.g., this site, which I hope I may be forgiven for having read!: http://www.thenewamerican.com/index.php/usnews/politics/2767-coakley-brown-race-offers-poor-ideological-choice.
All best,
Bob
Perry v. Schwarzenegger: questions from a reader
A reader of the Mirror of Justice has posed three questions to me regarding the challenge to California’s Proposition 8 that is currently being challenged in Federal District Court in San Francisco. The three questions are these:
1. Is there a right to marriage? (Loving v. Virginia recognized a civil right to marriage, but is there a difference between a civil right and a natural right to anything?),
2. Is there such thing as marriage equality?, and
3. How are we supposed to understand equality, and the Equal Protection Clause of the 14th Amendment of the US Constitution?
I have discussed the relationship between Loving v. Virginia and the claims seeking the recognition of same-sex marriage here at MoJ and elsewhere. My efforts in discussing this pressing issue are based on the view that Catholic legal theory has something to say on the matter and that its perspective is applicable to the general public, Catholic or not, in furtherance of the common good. Here are some preliminary responses to our reader’s questions on the general issue of same-sex marriage and a few particulars about the Perry case.
1. In Loving the Supreme Court of the United States held that the laws of the Commonwealth of Virginia prohibiting marriage between a man and a woman of difference races violated the Constitutional rights of interracial couples consisting of one man and one woman. Does this mean that all prohibitions against marriage between two people come under the purview of Loving? I think that common sense, biological facts, general Constitutional doctrine, and Catholic legal theory would say no to this question: not all prohibitions against marriage infringe on the rights conferred by Loving on interracial couples. By way of illustration: polygamous groups, couples where one or both persons is or are young minors, and couples who are closely related by blood cannot claim the right conferred by the Loving doctrine. I contend that Catholic legal theory supports the argument that same-sex couples are in the same boat as polygamous groups, minors, and closely related blood relatives. Why? The claims made by an interracial couple are substantively different from those made by a same-sex couple—just as they are different from those of polygamous groups, young minors, and close blood relatives. I further contend that civil and natural rights must have some basis in facts that permit some distinctions but not others between or among people. This is why Catholic social thought relies on the distinction between “discrimination” and “unjust discrimination.”
2. The question “is there such a thing as marriage equality?” is too broad for a prudent answer without examining contexts of application. As my response to the first question suggests, there are some important facts that can justify distinctions that need to be considered regarding claims to “marriage equality.” Having read the Complaint in Perry v. Schwarzenneger, I acknowledge that the claim to equality is vital to the case which the plaintiffs present. But, are they in fact truly equal to opposite-sex couples? Let me pose a hypothetical to which I think both the civil law and Catholic theory would have the same response regarding the Complaint’s allegations about equality: two planets capable of sustaining human life are colonized by human beings from earth. To the first planet only opposite-sex couples who are “married” are sent. To the second planet, only same-sex couples who are “married” are sent. Let us assume that there are no sexual relations in either grouping outside of the partnership established by the “marriage” and that neither planet has the capacity for technology-assisted births. Assuming no further contact with the planet Earth and its inhabitants, in one hundred years which planet will likely still have human life? The answer should be clear. It is easy to declare something equal with something else, but in fact it may well be not.
3. I submit at this point that my responses to the first two questions shed some light on how the third is and must be addressed. However, I will offer this thought here: the law restricting marriage to opposite-sex couples applies equally to all people regardless of their sexual orientation. Any man can marry any woman—taking into consideration such factors as age and blood relation—and, any woman can marry any man taking stock of the same considerations just mentioned. This norm applies across the board equally. This is an important point that the Complaint does not choose to acknowledge. It insists, however, that “gay and lesbian individuals are therefore unable to marry the person of their choice.” Yet the same prescription applies to close relatives and to persons below a certain age who are also denied marrying “the person of their choice.” The further claim that California law “treats similarly-situated people differently” is false because opposite-sex and same-sex couples are not and never will be similarly-situated notwithstanding claims to the contrary. In this regard, all share the same rights and face the same prohibitions. This is equality pure.
RJA sj
Dean John Garvey on Conscience
BC's dean, John Garvey, has this to say on conscience rights in the context of tomorrow's U.S. Senate race in his state.
Allen’s “The Future Church” – Trend One – “A World Church”
Allen’s first trend describes how over the course of the 20th century a “tight identification between the West and Christianity” has “disintegrated” and Catholicism has been turned “upside-down.” In terms of numbers, at the beginning of the century, only 25% of the Catholic population lived outside of Europe and North America; by century’s end, 65.5% of the Catholic population was found in Africa, Asia and Latin America. (15) Allen quotes Rahner’s observation that as a theological matter, Catholicism as a theological has always been a “World Church” in principle, but “now that identity is being realized as a sociological fact.” (16)
After recounting some of the reasons for Catholic growth in the global south, he then denotes some of its characteristics, including: “morally conservative, politically liberal;” a comfort level with “miracles, healing and the supernatural;” institutionally, grappling with problems of growth—eg, infrastructure and staffing—rather than problems of decline; and several positive examples of the Church playing a strong role in political life. (23-32)
Throughout the book, Allen’s reflections on what a given trend means for the future church are mapped out on a spectrum of near-certain, probable, possible and “long-shot” consequences. Near -certain consequences of a World Church include increasing attention to matters of pastoral concern in the South (such as polygamy and witchcraft); and a gravitational pull away from internal “inside baseball” questions (such as how power is distributed in the Church) toward “ad extra” question of mission.
Allen also predicts that Southern influence will bring an injection of “turbocharging orthodoxy” on sexual morality, with simultaneously stronger support of “left” leaning policies on economic justice and war. (32-42) Attitudes toward ecumenical and interreligious dialogue (discussed with more depth in later chapters) might see a slightly tougher stance in light of Southern experience. As the head of a Nigerian league formed in defense against anti-Christian violence by Islamic radicals put it: “You can’t turn the other cheek is you’re dead.” (46).
What might this trend mean for Catholic legal theory and Catholic legal education? In my own teaching and scholarship, working with the genre of the encyclicals, I have often struggled with the profound cultural differences between the European and North-American mind-frames: eg, the European tendency to articulate highly abstract principles, and only eventually work its way down to a more concrete discussion, in tension with the more pragmatic problem-solving leanings of North-American culture. I believe these perspectives have a profound impact on how we understand the mesh between law and church teaching, and on how we articulate how moral principles can inform their daily lives. Reading Allen’s analysis, I have the sense that an “upside-down” World Church will present an even more interesting set of dynamic tensions which will require a much more complex exploration of how cultural attitudes toward law and social structures inform how we think about the Church’s social teaching—based not just on how the US interfaces with Europe, but on a richer, thicker interaction among the variety of legal cultures in the global South.
In my seminar on CST & Economic Justice, when we have tackled portions of the US Bishop’s letter, “Economic Justice for All,” I have always gotten slightly stuck on the extent to which the CST principle and value of participation is in tension with a robust sense of global solidarity. With Catholicism turned “upside-down,” and with the hope of becoming more aware of and sensitive to perspectives from the global South, I wonder how this might challenge and change how I think about advocacy for the kind of wages, healthcare and basic services which enable full and dignified participation in our industrialized nation?
Finally, in light of Allen’s account of the challenges and tensions which emerge with the South-North movement of priests (45), I wonder what kind of institutional structures might help my students, and US Catholics generally, open up to the beauties and possibilities of a World Church. In his introduction, Allen observes: “It sometimes comes more naturally for Catholics elsewhere to connect what’s happening in Congo, or Colombia, or Cambodia to their own fate. A largely benign form of national parochialism is in some ways the original sin of much Catholic conversation in the United States.” (12) Perhaps those grassroots components of the Church that already thrive within the structures of international staffing and exchange—religious orders, international service programs, and many of the new ecclesial movements—could be of service. Reading Allen’s account, I realized that one of the reasons I am not afraid of the changes that an “upside-down” Catholicism presents is because I have before me the names and faces of women and men from Brazil, Argentina, Hong Kong, Korea, Thailand, Mexico, Uruguay, and the Dominican Republic, whose personal background, cultural heritage, and experience of the Church in their own country, have greatly enriched the Focolare communities where I have lived and worked.
I believe I have "opened" the comments section (and will get some technical help if I haven't!) - I look forward to further discussion of this chapter and the book generally.
MOJ Discussion of John Allen's "The Future Church" Begins Today
Today we are opening our focused discussion of John Allen's new book, "The Future Church." Ten of us have signed up to post the lead blog on different chapter each week (for the most part in order, but note the switch on the last two), with an effort to include our thoughts on the implications of the particular “trend” for Catholic legal theory and Catholic legal education. And with this discussion we'd also like to experiment with direct comments from readers, we'll see how that works. Here is our schedule:
Week of 1/18 - A World Church - Amy Uelmen & Rick Garnett
1/25 - Evangelical Catholicism - Rob Vischer
2/1 - Islam - Russ Powell
2/8 - The New Demography - Michael Scaperlanda
2/15 - Expanding Lay Roles - Lisa Schiltz
2/22 - The Biotech Revolution - Robert George
3/1 - Globalization - Kevin Lee
3/8 - Ecology - Bob Hockett
3/15 - Pentecostalism - Greg Sisk
3/22 - Multipolarism - Tom Berg
Saturday, January 16, 2010
More on the increasing (and troubling) hostility to home-schooling
Rob shared an (appropriately critical) post recently on Martha Fineman's new paper, Taking Children's Interests Seriously. As he (rightly) points out, the hostility toward private education and homeschooling, and Fineman's view that "public education should be mandatory and universal," rest on (to put it mildly) debatable factual premises (i.e., that public education clearly serves children's interests better than private education, religious education, or homeschooling) and on (to me) deeply troubling views about the state's authority over child-rearing, education, and formation.
Now, add to the mix this, "The Harms of Homeschooling," by Prof. Robin West. As Joe Carter reports, over at First Things, it is not a stretch to say that West's claim is that "poor, overbreeding, fundamentalist Christian families are destroying the tax base?" (Even worse, apparently, they are creating future Republican voters!)
It would be one thing -- a "same ol', same ol'" kind of thing -- if these kinds of diagnoses and prescriptions were appearing in teacher-union mailings, or the blog of the latest hipster-atheist practitioner of epater le-fundamentalists. But Profs. West and Fineman are accomplished, important scholars. Engagement, and vigilance, is warranted.