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.

Monday, October 5, 2009

The Maine SSM/Religious Liberty Fight: Follow-Up Lawprofs' Letters

The tussle over the upcoming Maine ballot measure to de-recognize same-sex marriage, in which BC lawprof Scott Fitzgibbon has played a role, has also touched on the memo-letters that several of us lawprofs (including Rick and I) wrote back in the spring to legislative leaders and the governor.  We proposed meaningful religious-liberty protections to accompany any recognition of SSM, so as to reduce the conflicts between traditionalist believers and same-sex couples.  Our earlier letters have been used and criticized, respectively, by the two sides in the current all-or-nothing fight: those who want to eliminate SSM recognition for (among other reasons) religious-liberty concerns, and those who want to dismiss those concerns and keep SSM with the minimal religious-liberty protections that the state enacted in recognizing it.

We've now written another pair of memo-letters (here and here), among other things to (1) answer public criticisms of our claims that SSM recognition will conflict with religious liberty and (2) point out that it's still possible to address the concerns of both traditionalists and same-sex couples by adding meaningful religious-liberty protections to the SSM recognition law.  The bitterness of the all-or-nothing debate, we argue, is an indicator of the value of proposals like ours.

Tom

Miscellanea

Amen to the posts by Robby and Rob, immediately below.

And amen too to what Martin Marty has to say, here:

Sightings 10/5/09

 

Evangelicaldom

-- Martin E. Marty

 

Take one day, say Friday, October 2, in the life of what we should start calling “Evangelicaldom.”  One-fourth to one-third of Americans consider themselves “Evangelicals.”  Many are exemplary citizens and, let us say, exemplary Christians.  Somewhere along the way millions among them, however, sought what they would call “earthly power,” and won enough of it to dream of and work for “Evangelicaldom.”  That “-dom” signals “domain,” as in old “Christendom” and modern “Islamdom.”  In it, any hints of traditional “otherworldliness” were forgotten, and the once least-worldly sector among us came to be among the most driven by commerce, markets, media, and politics.

           

Regular readers know that Sightings does not target or heap on evangelicals.  But several media sightings on October 2 prompted and merit response.  The main story in the New York Times had to do with one of the several fallen born-again “Christian Right” valiants of the season, Senator John Ensign, adulterer and now alleged criminal in use of funds and power.  Atop a full-page story is a picture of the Senator and the cuckolded husband of Ensign’s mistress, autographed by Ensign to his “friend and brother, in Christ.”  The sinning senator issued the standard more-or-less apology with the more-and-more frequent substitute for reference to “sin:”  He made a “mistake.”  Enough.

           

The same day the Los Angeles Times published Neal Gabler’s absolutely pessimistic but relatively accurate assessment of the way the absolutist style of religious fundamentalism has found its place among the shouting populists who, while not necessarily always bannering “in Christ” – most of the signs at the shout-out rallies are quite secular – are always sure that they have no need for civility and thus for politics.  Gabler: “Those who oppose the religification of politics may think all they have to do is change tactics, but they are sadly, tragically mistaken. They can never win, because for the political fundamentalists, this isn’t political jousting, this is Armageddon.  With stakes like that, they will not lose, and there is nothing democrats – small ‘d’ and capital ‘D’ – can do about it.”  For the sake of the future, any kind of future, they have to try.

           

Fortunately for civil readers’ sanity, there was a relatively calm assessment in David Brooks’ same-day New York Times column in which he notices and reports on the political limits of those who goad and inspire the religified political troops, people named Beck, Limbaugh, Hannity, and O’Reilly.  They boast hugely huge audiences.  But, as Brooks chronicles, they have not converted those in their seething niche into real electoral dominance of the sort Evangelicaldom once had hoped it could produce.

           

Fortunately for Christian readers’ sanity, there is also a cover story in the October issue of Christianity Today, a magazine which represents evangelicalism when it was evangelical.  Its headline: “Evangelicals desperately need moral and spiritual renewal – on that everyone agrees. But what do we do about it?” Editor Mark Galli at length concentrates on evangelicals’ spiritual sins – not "mistakes" – in an analysis of the sort Catholics, Mainline Protestants, the Orthodox and others need to and often do make.

           

Until evangelicals can find ways to make clear to themselves, politicians, media, and publics that they are distancing themselves from the Armageddonist absolutism of the “religified Right,” they are more likely to look like and will be in danger of becoming like “the children of the world” against whom their spiritual forefathers creatively and courageously railed as they offered alternatives, not carbon copies.  


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

What do our Halloween costumes say about our society?

Today I took my daughter to shop for a Halloween costume.  I often wonder what a visitor from another society would conclude about our society by looking at our Halloween costumes.  The most obvious conclusion, I think, is that we value women primarily for sex.  Women's costume options generally derive from one "meta" costume: "naughty maid," "naughty soldier," "naughty firefighter," "naughty nurse," etc.  What struck me this year is that the genre is beginning to expand to the "tween" category.  As my daughter remarked, "Why are all the girls' costumes for Florida weather?  Don't they know we live in Minnesota?"  The sexualization of children does not take time off for holidays, apparently.

I also wonder what an outsider would conclude about our view of religion.  The costume store has a whole section of costumes mocking priests, pastors, nuns, and monks, including one called "naughty priest," which I could not even begin to describe without blushing.  (The costume includes a hand pump.  See?  I'm already blushing.)

So should we boycott Halloween?  Absolutely not -- it continues to be one of my favorite holidays, and since I'm a guy, I've got plenty of costume options.  (Though even fully clothed choices have been known to cause embarrassment to my family members.) 

Obviously, this issue is bigger than Halloween.  The sexual objectification of women (and girls) is not new.  Making fun of religious figures is not new.  It strikes me that mainstream, all-ages venues are becoming more blatant in their embrace of both themes, though.   
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Sunday, October 4, 2009

The Wisdom of a "Liberal with Sanity"

I once heard former New York City Mayor Ed Koch, a self-described "liberal with sanity," say that "the Hollywood elite would applaud Hitler if he showed up at the Oscars wearing a red AIDS ribbon."  At the time, even I--someone who, to say the least, is not much in sympathy with the "beautiful people"--thought that comment was a bit harsh.  I'm beginning to wonder, though.  I've been flabbergasted and appalled by expressions of support for Roman Polanski coming from the Hollywood elite.  Polanski drugged and raped a child.  There are worse crimes, but not many.  So what does Whoopi Goldberg say?  "It wasn't rape rape."  Well, as a matter of fact, it was rape rape.  To be sickeningly specific, it was rape, rape, rape.  He raped his thirteen year old victim in just about every possible way.  Goldberg is far from alone in supporting Polanski and opposing his extradition to face punishment that is, to say the least, long overdue.  Woody Allen, Martin Scorcese, Harvey Weinstein, and dozens of others have joined the chorus.  Yes, the crime was committed a long time ago.  Yes, Polanski was himself a victim of horrible things (under the Nazis and later at the hands of the Manson family).  Yes (I suppose) he is an "acclaimed artist."  Yes, the victim, now a grown woman, says that she has forgiven him.  Goldberg, Allen, Scorcese, and the rest make all these points.  But they are irrelevant.  Polanski drugged and raped a child.  If we as a society are ever to begin seriously facing up to the scandal of the sexualization of children, it is critical that acts such as those committed by Polanski be punished.  There must truly be a policy of zero tolerance--even for "acclaimed artists" who are members in good standing of the Hollywood elite.

A typical day on the Camino

In this post, I´ll give you a taste of the typical day of a pilgrim on the camino followed by my variations on the theme.  We sleep in pilgrim albergues (refugios or hostels).  The one in Roncesvalles (after our first day of walking) was one big room with bunk beds for 100 or so.  At this place (run by the Dutch confraternity of St. James) lights were turned off at 10pm and turned on at 6 am. The albergues are run by a parish, a country´s confraternity, an order of priests or nuns, the town, or private persons.  They  cost between a donation and about 8€.  Most of the alberques have several rooms with about 10 bunks each.

In the morning there are those who get up before the lights come on and attempt to pack their packs by flashlight.  We leave just before or just after daybreak and eat breakfast at a bar/cafe or food purchased the night before or in one case so far the albergue provided us breakfast.  After a day and a half of walking with others, I have walked alone with limited conversation during the day except to change pleasantry´s or to be checked on by others or to check on them.  By now, most of us have some ailment - blisters, bad knees, hurting shoulders, chafing.

I would guess that over half the people doing the Camino came alone ad walk alone.  Some walking groups have been formed here (like the one I had the first day and a half), there are some couples, some parents and adult children , cousins and friends.  Some have come just for a week or two and will complete the journey in future years.  Others as I mentioned have walked from their houses in Germany and France.  During the day, I´ll see people I know several times a day as I pass them or they pass me as we take different breaks.  Sometimes their will be a communal picnic of a small group or a small group will gather for coffee or lunch on they way.

For the first three days we walked in the Pyrannes through  fields, forests, and villages. (and Pamplona - the Univ. of Naverre is beatiful)  Two and a half of the last three days were through Oklahoma size mountains aand all of the last three days have been in vineyards, olive groves and ploughed fields.  The grapes, howevr, have yet to be harvested. 

When we arrive at our daily destination - sometimes exhausted - the routine is the same:  shower and wash clothes before anything else.  At a couple of alberques the folks running it offer medical treatment for feet - threading blisters bandaging people up.  After shower and clothes washing, some sit outside, some rest, some read, talk, journal, have a beer.  In the evening, most of us eat a local eater offering a pilgrims menu of an appetizer (salad, soupl, pasta), a main course (meat of some kind) wine, and desert for around 10€.  THe eating is done together and this is where most conversation takes place.  English, French and Spanish seem to be the most common languages at the table.  Many of the albergues have a kitchen and we have shared a common cooked meal, and I suspect we will do more of thesame.

As you might imagine we are a collection of characters on the Camin.  Maybe more on that latger.

An hour or two after I start walking, I usually stop take off my boots and pray morning prayer. Yesterday, I sat beside a Roman road just up from the Roman brdge we crossed, reminding me as I prayed that the pilgrims over the last 1000 years were traveling roads created by the Romans long before.  In the afternoon - usually when I am tired in the last 5K, I pray the rosary offer a decade for each of my four children and for my wife.  I have also started offering the day for a different people.  Yesterday it was my family of origin, today it was for a group of men and woman who suffer the terrible affliction of addiction.  I don´t know who or what will be pressed upon my heart tommorrow.

Finally, many towns we stay in offer mass at 8pm, and some - probabalbly less than half - take advantage.  After gtwo 30K days in a row, I am exhausted so I´ll sign off for now.

Saturday, October 3, 2009

Religious Life: Communio? or, Concilium? or, both?

  

 

Thanks to Michael Perry for thinking of me and bringing to the attention of the Mirror of Justice community the recent America essay by Sr. Ilia Delio, O.S.F. As one member of a religious order to another, I would like to respond to Sr. Ilia’s essay and the points she makes or implies about religious life. In particular, I suggest that when all is said and done the “communio” versus “concilium” distinction is untenable in any effort to be authentic to the Second Vatican Council’s aspirations, suggestions, and mandates. The fundamental justification for my position is that the Second Vatican Council’s Decree on the Appropriate Renewal of the Religious Life, Perfectae Caritatis, must be understood and applied in its entirety, not selectively. After having read Sr. Ilia’s interesting essay, I see that she chooses to follow some but not all of the Decree’s provisions. This is a mistake.

Before I offer a brief examination of the Decree that is essential to our understanding that one must subscribe to both “communio” and “concilium” if one wishes to be faithful to the Council, I have a few observations regarding some of Sr. Ilia’s claims. I do not disagree with the position she presents at the outset of her article: that women’s religious life is undergoing “a massive revolutionary change” which she describes as cataclysmic. But at the same time, Sr. Ilia does not offer a reason or theory why new communities that are more traditional are doing well, even prospering, with new vocations. Those who belong to many of the traditional orders have not had this experience of rejuvenation but are, from what Sr. Ileia states and others have demonstrated, suffering the cataclysm, a decline, and death. Could it be that those orders which are experiencing growth or rebirth are doing precisely what the Decree mandates but those which are in decline are choosing a path in which some of the Decree’s elements are followed but others ignored or dismissed?

Sr. Ilia speaks of the “spirit of Vatican II.” One often hears of the “spirit of Vatican II.” Well, the spirit is not some nebulous, self-manufactured hope; it is, rather, a reality that any of us can access should we choose to read and comprehend objectively the texts of the Council in their entirety. This is resourcement; this is what constitutes authentic aggiornamento. She also wonders if some women religious have misinterpreted the documents of the Council. The Spirit and the spirit of the Council are in the texts, and they are clear. So, I do not think it is so much a matter of misinterpretation as I think it is a matter of ignoring. And this is why it is essential to the task of “the spirit of Vatican II” to comprehend in its entirety what the Council had to say about religious life—both in men’s and women’s institutes—so that the Spirit can be followed, the spirit of the Council can be known, and the intent of the Council can be honored and observed. The Radcliffian thesis of “one or the other” that emerges from the “communio/concilium” distinction neglects what the Council intended as evidenced by the Decree’s text.

At the outset, the Council reminds one and all that to be in religious life—be it a male or a female order—one puts on Christ in an additional way (we all put on Christ at our baptism) through the evangelical counsels, i.e., poverty, chastity, and obedience. These counsels are not optional; they are constitutive of religious life. The Council acknowledged that the members of the religious institutes and the institutes themselves reflect a variety of gifts, and it asserted that each member and each institute lives “more and more for Christ and for His body which is the Church.” The greater the personal gift from the women and men religious, “the richer the life of the Church becomes and the more lively and successful its apostolate.” This is a “magis” that necessitates not only “concilium” but, simultaneously “communio.”

The Council was quick to point out the non-negotiable requirement that both adaptation and renewal of religious life must be faithful to sources of all Christian life and the original spirit or charism of the particular order. Of course, these may require some necessary adaptation of first principles but not abandonment. So, when Sr. Laurie Brink spelled out her “dynamic option” for religious life to be beyond Jesus, to be beyond institutional religion, and to be post-Christian, she offered a recipe that is in irreconcilable conflict with both the “spirit” and the intent of the Council’s Decree on Religious Life. [HERE]

One cannot discount the essential nature of what constitutes appropriate adaptation of which the Council speaks and to which Sr. Ilia alludes. The Council note that the ultimate norm of religious life is following Jesus Christ and the Gospels. To be beyond Jesus and to be post-Christian are problems of the highest magnitude. The Council, moreover, noted that all religious institutes must participate in the life of the Church, not beyond or outside of it. Regardless of the order—male or female; contemplative or apostolic), each shares in the principal mission of aiding its members to follow Christ, be united to God, and to remain faithful to the vows of poverty, chastity, and obedience.

While the Council recommended the possibility of prudent experimentation in adaptation, it clearly asserted that the approval of the Holy See or the local Ordinary must be obtained so that the experimentation is consistent with the Decree’s objectives. To pick and choose which practices and beliefs of the Church constitute acceptable adaptation of religious life would likely conflict with this vital element of the Decree. In this context, it is clear that each member of a religious institute is “dedicated to [the Church’s] service.” This essential communion with the Church requires daily prayer and “the holy sacrifice of the Mass.” In this regard, it would seem that the Benedictine Women of Madison, who reconstituted themselves as a secular corporation and piecemeally alienated ecclesiastical property and no longer have Mass at their Holy Wisdom monastery, are not in accord with the intent and “spirit” of the Decree. The mandated union with the Church has evaporated.

Sr. Ilia may consider that she follows the correct course in her effort to be faithful to the Second Vatican Council. But she has given us little to consider by way of pointing out that renewal, adaptation, or anything else that she offers draws from the Decree on the Appropriate Renewal of Religious Life. I trust that some of the relevant elements of the Decree that I have pointed out in this posting demonstrate convincingly that the Decree mandates both “communio” and “concilium”—you can’t have one without the other.

 

RJA sj

 

Friday, October 2, 2009

Robert Araujo & the C.M.S.W.R.: Communio Catholics?

For a very interesting essay in AMERICA, 10/12/09--by Ilia Delio, O.S.F., a Franciscan sister who is a professor in, and chair of, the Department of Spirituality Studies at the Washington Theological Union (D.C.)--subtitled The Vatican Visitation Prompts Reflections on a Religious Divide, click here.

George Weigel on "Caritas in Veritate"

From AMERICA, 10/12/09:

Proofreading the Pope

John F. Kavanaugh

The Tablet of London reported in early September that George Weigel has been bringing to Polish Catholics his criticism of the “incoherent sentimentalism” of Pope Benedict XVI’s new encyclical, Caritas in Veritate. Apparently Weigel claims that since the encyclical does not represent the pope’s views, Catholics should remain faithful to the “pro-capitalist teachings” of their countryman Pope John Paul II.

Weigel, of the Ethics and Public Policy Center, is the author of a massive biography of Pope John Paul II titled Witness to Hope. Though widely researched and respectfully praised, the book does not very successfully establish the “pro-capitalist teachings” of the pope who, as a Fortune magazine editor complained in November 1982, was “wedded to socialist economics and increasingly a sucker for third world anti-imperialist rhetoric.” Weigel acknowledges the harsh reaction of pro-capitalists to John Paul II’s encyclical On Social Concern, six years later, but in this case he proposes that the sections of the encyclical that clash with his own interpretation of John Paul were the result of committee work and Roman Curial politics.

George Weigel thinks that some liberal virus has infected the encyclical.
Weigel uses the same tactic in dealing with Pope Benedict’s new encyclical letter on charity, truth and social justice. But this time he is less gracious. With a conspiratorial tone worthy of Dan Brown’s novel The Da Vinci Code, Weigel suggests in an article in The National Review online edition of July 7, subtitled “The Revenge of Justice and Peace (Or So They May Think),” that some liberal virus has infected the encyclical. We are advised to read it armed with a gold marker and a red marker. The gold should highlight those passages that are authentically Benedict’s (that is, they agree with Weigel); the red is for the passages inserted by the pope’s evil peace-and-justice twin. Otherwise we are stuck with “an encyclical that resembles a duck-billed platypus.” The good Benedict is lucid and moving; the bad Benedict is “incomprehensible” and marked by “confused sentimentality.” Are these the passages that refer to world governance and the common good, the strategic importance of unions, the redistribution of wealth and governmental restraints on capitalism?

[Read the rest, here.]

New Pew Forum Survey on Abortion

Support for Abortion Slips

Issue Ranks Lower on the Agenda

Oct. 1, 2009

Overview

Polls conducted in 2009 have found fewer Americans expressing support for abortion than in previous years. In Pew Research Center polls in 2007 and 2008, supporters of legal abortion clearly outnumbered opponents; now Americans are evenly divided on the question, and there have been modest increases in the numbers who favor reducing abortions or making them harder to obtain. Less support for abortion is evident among most demographic and political groups.

[Read the rest, here.]

<p>Pope pushes Obama envoy on abortion, conscience protections</p>

Pope pushes Obama envoy on abortion, conscience protections