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, November 10, 2009

Speaking of Pro-Life ...



BREAKING NEWS 9:18 PM ET

John Allen Muhammad, the Washington-Area Sniper, Is Executed

Virgina is now a better place, yes?  (Retribution.)

Well, at least now a safer place, yes?  (Deterrence.)

And the United States too, therefore, yes?

And "We, the People" are now a better (in some sense, surely) people, yes?

Praise the Lord!

A Victory (for the Moment) for Pro-Life Democrats

In recent years, at academic conferences, in faith-based circles, and on blogs such as this one, the question frequently has been posed whether political activists and politicians committed to the sanctity of human life can survive and play any meaningful role in the Democratic Party, given the national party’s commitments to an unlimited abortion license and even to government sponsorship and funding of abortions.  As some of our readers know, I have been among the skeptics.

A positive answer was delivered this past Saturday.  Pro-life Democratic Representative Bar Stupak of Michigan, supported by some 40 other pro-life Democrats, were willing to stand up against both party leaders in the House and President Obama and refuse to lend their support to the party’s highest priority legislation, the health care reform bill, without an amendment to prevent any use of government funding to promote elective abortions.  In sum, pro-life Democrats insisted upon a health care reform proposal that did not contradict the very premise of health by dealing death to unborn children.

By their courageous actions, these pro-life Democrats, joined by nearly all Republicans, forced Speaker Nancy Pelosi to allow a vote on an amendment to bar use of any government funds to finance abortions or to finance insurance that provides for abortions.  Sixty-four Democrats joined 176 Republicans in passing the amendment (link).  This is obviously is a major victory for Pro-Life Democrats (although of course it was a victory that depended upon the support of Republicans, who were virtually unanimous in their legislative witness for unborn human life).  For more on the story of Representative Supak standing up to Speaker Pelosi, see William McGurn’s Wall Street Journal column.

Sadly, the battle is not yet over for a health care reform bill that does not destroy the health of the unborn.  Democratic leaders in the Senate are expected to block full protection for the unborn in the Senate bill (link and link).  The House Democratic leadership that permitted a vote on the Stupak Amendment already is cynically planning to strip it out of the legislation in the eventual and secretive conference committee to reconcile the House and Senate versions of health care reform (assuming the Senate is able to pass any bill) (link).

Not surprisingly by this point, President Obama too has expressed his opposition to the Stupak Amendment, offering the disingenuous argument that government subsidies for private insurance that provide for elective abortions are not the equivalent of government funding of abortions (link).  Adding one more item to the growing list of pro-abortion actions by this Administration, the overtures of the Obama campaign last year to Catholics and pro-life Americans have long since been exposed as convenient and empty rhetoric.

Thus, Pro-Life Democrats in the House will have to make clear that their support of the final bill continues to be contingent on health care reform that does not destroy the health of the unborn.  (As an interesting side note, and supplement to Michael Perry’s posting about the sole Republican supporter for the bill in the House having been a former Jesuit seminarian, Republican Representative Joseph Cao of Louisiana has said that the Stupak Amendment made it possible for him to support the bill. (link))

As a sad reminder of where most Democrats stand on this matter, Democratic Representative Lynn Woolsey of California responded to the success of the Stupak Amendment by calling for the Internal Revenue Service to investigate the support of the Catholic bishops for this legislative protection of human rights for the unborn.  On behalf of the bishops’ conference, Kathy Saile responded:  We are very grateful for the courage of the Pro-Life Dems who helped lead this effort.  The most important thing is that the House passed a health care bill and that it included the Stupak amendment.   This was a true grassroots effort. There were too many people involved to try to list them all.  The USCCB met with whomever would meet with us and listen to our concerns.”

For now, we can congratulate Pro-Life Democrats in the House, thank God for their witness, and pray for their perseverance as the legislative battle continues.

Greg Sisk

A comment, and a question, from MOJ friend ...

... and Trinity College Dublin law prof Gerry Whyte:

I was intrigued by the apparent suggestion from Archbishop Burke that Ted Kennedy should have been denied a Catholic funeral. Throughout the years of the Troubles in N. Ireland, the Church never once denied a funeral to any republican paramilitary, even though republican violence was manifestly at odds with the Church's teaching. Nor was it ever suggested that, in permitting such funerals, the Church was backsliding from its persistent condemnation of republican violence.

But was Archbishop Burke objecting to the fact that Ted Kennedy received a Catholic funeral or to the fact that Cardinal O'Malley presided?

Justices Scalia and Breyer argue about originalism and Brown v. Board of Education

Interesting story, here.

How would *you* have voted in Brown, and on what basis?

Something else Robby and I can agree on (mirabile dictu)!

At least, I think we can:  namely, that John Allen's book will almost certainly be quite good! 

THE FUTURE CHURCH: HOW TEN TRENDS ARE REVOLUTIONIZING THE CATHOLIC CHURCH
By John L. Allen Jr.

Reviewed by John W. O'Malley
Perceptive, evenhanded, thought-provoking, horizon-expanding, remarkably well informed--words like these popped into my head as a read John L. Allen Jr.'s new book, The Future Church: How Ten Trends Are Revolutionizing the Catholic Church. I thought I detected in his introduction a note of apology for writing as "a journalist, not a priest, theologian or academic." His credentials, as NCR readers know, are just fine. If you had doubts, the book will dispel them. Read the review.

Looks to be of interest to many MOJ readers

Same-Sex Family Equality and Religious Freedom

Ira C. Lupu
George Washington University Law School

Robert W. Tuttle
George Washington University Law School


Northwestern Journal of Law and Social Policy, Forthcoming
GWU Legal Studies Research Paper No. 478
GWU Law School Public Law Research Paper No. 478


Abstract:     
In the spring of 2009, the legislatures of Connecticut, Maine, New Hampshire, and Vermont became the first in the U.S. to enact laws recognizing the legality of same-sex civil marriage. The legislation in all four states included provisions designed to protect the freedom of clergy and religious communities that do not want to recognize same-sex marriage. The legislation in several of the states also included provisions designed to insulate religious organizations from obligations that might arise from the legalization of same-sex marriage – for example, with respect to adoption or the provision of housing to married couples. Despite academic and political prodding, however, none of the states included provisions designed to exempt public employees, or private vendors in the wedding industry, from pre-existing legal obligations to serve without regard to the same-sex character of a marriage or family.

This paper develops a typology of conflict between same-sex marriage and religious freedom, and builds on that typology to analyze the issues raised by this new legislation. In particular, the paper defends constitutionally distinctive freedoms for clergy and houses of worship with respect to the celebration of marriages; analyzes and critiques proposals that would allow public employees and private vendors to assert conscientious objections to serving same-sex couples; and assesses the circumstances in which religious entities, including religious charities and educational institutions, should be obligated to serve same-sex families on equal terms.

[Downloadable here.]

Quick Thanks to Rick and Michael

Hello All,

Many thanks to Rick and Michael for their thoughts on the Pakistan post.  I'll respond to these helpful thoughts in full a bit later today.  For the moment, let me do three quick things: 

First, to reassure Rick and all other MOJ readers that I do not wish to analogize social conservatives to acid-throwers and so forth.  My concern, rather, is with paranoid radicals: the folk who continue to propagate birth certificate, Obama-is-a-vampire, his-wife-is-a-shemale, etc. etc. nonsense with abandon; who seek simply to stop their opponents even from speaking, rather than to refute them; and who seriously  threaten, I think, to oust sane Burkean conservatives (whom they lumb together with more "liberal" Republicans as "RINO"s) from a once venerable political party.  But more on this soon.

Second, to crow about having posted my remarks two days before Krugman's column!

And third, to commend to you, with expressions of humility, this recent piece on the health care reform debate -- http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1484768 -- which is soon to come out in the economic policy journal Challenge.

Thanks again and more soon,

Bob

The IRS must stop the Bishops from being political!

I expect to hear crazy calls for the IRS to investigate the U.S. Conference of Catholic Bishops for making their views known regarding the Stupak amendment.  I don't really expect to hear them from sitting members of Congress.  Representative Lynn Woolsey, displaying both political intolerance and ignorance of the law, laments:

When I visit churches in my district, we are very careful to keep everything “non-political” to protect their tax-exempt status. 

The IRS is less restrictive about church involvement in efforts to influence legislation than it is about involvement in campaigns and elections. 

Given the political behavior of USCCB in this case, maybe it shouldn’t be.

"The Summons of Freedom" conference

This weekend (Thurs.-Sat.) is the annual Fall Conference of Notre Dame's Center for Ethics & Culture.  "The Summons of Freedom:  Virtue, Sacrifice, and the Common Good" is the theme.  (The full schedule is here.)  This conference, for me, is always one of the highlights of the year. 

Many MOJ-ers and MOJ-friends will be on hand (including not just Michael Scaperlanda, but an additional complement of Scaperlandas!).  If you are around and awake on Saturday morning, my own lecture on "Religious Freedom in America today" starts at 10:45 a.m.  (Of course, those of you interested in hearing from a great scholar, instead of from me, will go hear Russ Hittinger at the same time.)

Come join the fun!  (Registration, etc., here.)

Interesting story NOT in TIME Magazine ...

Michael P. has linked to an article in Time magazine in which I am quoted by Amy Sullivan.  Readers might be interested in things that I said that the devoutly liberal religion writer chose not to share with her readers.  Lifesite news has the story here:  http://www.lifesitenews.com/ldn/2009/nov/09110703.html