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, August 24, 2009

"Judge Upholds Law Requiring Doctors to Tell Women Abortion Ends Life"

According to the Catholic Spirit (Archdiocese of St. Paul and Minneapolis):

A federal judge in South Dakota ruled Aug. 20 that a 2005 South Dakota law requiring doctors to inform patients that abortion kills a human being is constitutional.

U.S. District Judge Karen Schreier handed down the decision in a lawsuit filed against the state by Planned Parenthood Minnesota, North Dakota and South Dakota.

Schreier said that although doctors must use the term "human being," it can be used in a "biological sense" and not an "ideological" one. The law specifies that a woman must be told that abortion "will terminate the life of a whole, separate, unique, living human being."

In the same ruling she overturned a requirement in the law that women be informed that abortion can spur suicidal thoughts, increasing the risk of suicide. She termed such disclosures "untruthful and misleading."

Lay Authority

I share Susan's puzzlement over why restricting the governance authority of the laity is considered necessary to "preserve the distinctiveness of the ordained priesthood."  Why are attempts to strengthen the authority of lay people in the Church almost invariably seen as challenges to the distinctiveness of the priesthood?  Are challenges to the "authority" of priesthood necessarily challenges to its "distinctiveness"?  While they might often be, in practice, I don't think they necessarily always are.  Like Susan, I have trouble understanding why this election is perceived as a threat to the distinctiveness of the priesthood.

As I was thinking about this today, I just happened to come across this quote from Hans Urs von Balthasar, in a footnote to an article I'm editing right now.  Seems pertinent to this discussion:

The realized Idea of the Church comes at the beginning; everything subsequent, even ecclesiastical office with its sacred functions, is secondary, if not unimportant, in comparison.  After all, the Church exists to serve the ransom and retrieval of the sinful world.  In Mary, the Church is embodied even before being organized in Peter.  The Church is first -- and this first is permanent -- feminine before she receives a complementary male counterpart in the form of ecclesial office.

(The Marian Mold of the Church, in Mary: Church at the Source (1997), at p. 49.

Why Does Fostering a Strong Sense of Catholic Identity Require A Restrictive View of the Role of Lay Persons?

NCR reports today on the Vatican's decision to veto an election by the Maryknolls that would have resulted in a religious brother holding the position regional superior of the United States for the Maryknolls.  The Vatican directed thata priest be chosen for the role.  What prompts my post is the following:

"More broadly, the reluctance to see religious brothers elected to positions of authority over priests is part of a long-simmering debate in the church over how much power a lay person may exercise. ... The Vatican's tendency towards a restrictive view of the capacity of lay persons to exercise governance is generally understood as part of an effort to preserve the distinctiveness of the ordained priesthood, which in turn is driven by a desire to foster a strong sense of Catholic identity in contrast with secularism... " 

My post title poses the question I have in reading this: why does the desire to foster a strong sense of Catholic identity require that we have a restrictive view of the role of lay persons to exercise governance?  We can certainly "preserve the distinctiveness of the ordained priesthood" (who, after all, are the only ones with certain authority, such as their role with respect to the sacraments of the Eucharist and Reconciliation), without saying lay persons can not exercise any governance authority.  In what sense would appointment of a brother who has held various positions of authority and who was elected by a group primarily composed of priests fail to foster a strong sense of Catholic identity?


 

Imaging a post-gender world

Bennett Capers looks at the Caster Semenya case (the South African runner whose gender has been challenged) as another example of society's exclusion of certain segments of the population through binary classifications. 

Health Care Reform and "Abortion: Which Side is Fabricating?"

Factcheck.org has this to say about health care reform and abotion: " Despite what Obama said, the House bill would allow abortions to be covered by a federal plan and by federally subsidized private plans."  Read the rest at the link provided. 

Sunday, August 23, 2009

The ELCA and Plucking a Thread from a Garment

I don’t have time for more than short answer to Greg’s question. (It is Harvest Festival weekend here at St. Hubert’s in Chanhassen.) I do believe it is possible to pluck one thread from Christian teaching without unraveling the entire garment.

Whatever may be the narrative of the Episcopal church (and I don’t have the knowledge to agree or disagree with Greg’s characterization of that narrative), it seems to me that one can quite easily separate a view on the Church’s position on homosexuality from questions of abortion, monogamy and the centrality of Christ to our salvation. I don’t at all think one’s disagreement with the Church’s position on homosexuality either implies or leads down a slippery slope toward approving of abortion and promiscuity (I note that the ELCA vote was to allow gay or lesbians in committed relationships to serve as members of the clergy) or negating the centrality of Christ.

In my view implying that one can’t question one issue without risking everything falling to pieces risks cutting off useful questioning and discussing of issues.

The ELCA, the Episcopal Church, and the Integration of Church Teaching on Sexual Morality With Christian Doctrine

You have the words of eternal life.  We have come to believe and are convinced that you are the Holy One of God.”  Peter’s response to Jesus in today’s Gospel reading (John 6:60-69) encapsulates the central teaching of our Catholic Christian faith.

As the Evangelical Lutheran Church in America recently voted to allow individual parishes to decide whether to call non-celibate homosexuals to the pulpit, Michael Perry asks “What does the ELCA get that, say, the magisterium doesn’t? Or vice versa?”

I'll leave it to others to more directly address the theology of the body that underlies the Magisterium’s teaching on sexual morality.  Instead, I wonder whether one possible answer lies in the Catholic Church's general integrity in proclaiming the Deposit of the Faith left by Christ  By “integrity” here, I mean not not so much soundness and candor (although those are vital as well) but a sense of cohesion and completeness.  When the Catholic Church teaches about morality, including a proper attitude toward the body and the gift of sexuality, that teaching cannot be divorced from the Church’s robust theology and understanding of Christ.

Might a departure from traditional Christian teaching on sexual morality set the stage for a broader dis-integration, not only of church structure and world-wide communion, but of basic Christian doctrine?  In this regard, the example of the Episcopal Church in the United States should be sobering.  Others have written widely about how the Episcopal Church has lost nearly half of its membership and now risks being separated from the larger Anglican communion, especially in Africa and Asia.  But I mean to emphasize something different here, the attendant dilution and adulteration of Christian doctrine.  As a former Episcopalian, I speak from personal experience about how something that was portrayed as but a single issue that could be discretely addressed instead proved to be the first step on an ever longer journey away from that Deposit of Faith.  It remains to be seen whether the ELCA will follow that same path.

In the general news media, and often for the typical Episcopalian in the pews, the great debate inside the Episcopal Church has been understood as a focused division about homosexuality among a group of fellow believers who otherwise stand largely in agreement on the basic theology and canons of the Episcopal Church.  That simply was not and is not the case.  Perhaps in theory, and certainly in the minds of some Episcopalians, a person could be orthodox in Christian faith generally and yet support recognition of committed same-sex unions.  But the active vanguard of the liberal movement in the Episcopal Church has hardly been limited to the matter of gay rights in its general desire to remake and redefine that denomination.

Within the Episcopal Church, those who took the leading role in challenging traditional church teaching on homosexuality tended to be quite liberal, even radical, in their thinking about moral questions and theology generally.  Leading gay priests have published books, not only advocating the full inclusion of gays in the church, but further insisting that monogamy was unrealistic and should not be expected of gays.  Indeed, monogamy in general gets little respect in the Episcopal Church today.  Divorced and remarried priests are common.  In fact, multiple divorces and remarriages, even for a bishop, are no bar to leadership in liberal Episcopal dioceses and parishes.  In effect, a form of serial polygamy enjoys growing tolerance in the Episcopal Church.  Having retreated from expectations of fidelity to monogamy among adults, the Episcopal Church not surprisingly has been in no a position to teach sexual morality to young people.  Instead, church leaders often trot out the “safe sex” canard that dominates non-religious discussions, largely defaulting to secularized approaches to the matter.

In addition, while there are exceptions, support for embracing same-sex sexuality has tended to go hand-in-hand with support for abortion.  Reversing traditional Episcopal positions on legal protection of unborn human life, the formal General Convention resolution in place today expresses “unequivocal opposition” to any executive, legislative, or judicial limitation on access to abortion.  The division in voting among the delegates on abortion and gay rights resolutions tend to be parallel.  The new Dean of the Episcopal Divinity School, a lesbian and leader in the gay rights movement, is also a board member of NARAL Pro-Choice and most notoriously has described “abortion as a blessing.”

Importantly, along with moral teaching, Christian theology is being subjected to ongoing post-modern revision inside the Episcopal Church (or at least those dioceses most aligned with the national church).  In liberal Episcopal venues, the death of Christ on the cross as a propitiation for our sins often is seen as an embarrassment to be quietly neglected or openly denigrated as retrograde.  Liberal Episcopal seminary teachers, priests, and bishops regard the resurrection of Christ as nothing more than a mythical message of hope, not as a factual description of an empty tomb.  The Nicene Creed is re-interpreted, so that its statements of the faith are watered-down into allegory and symbol, bearing little of their traditional meaning.

In liberal Episcopalian re-imaging, Jesus is left to molder in an abandoned grave, while Peter’s response to Jesus in today’s Gospel – that Jesus has “the words of eternal life” and is“the Holy One of God” – becomes unthinkable.  Even if Jesus was touched by holiness, he is demoted to one spiritual guru among many from many different religions and cultures, all of which are equally viable paths to God.  And with the most recent 2009 General Convention of the Episcopal Church, that liberal wing plainly is in the driver's seat.  No wonder that many fear the Episcopal Church could be moving into a Post-Christian Era.

Will the Evangelical Lutheran Church in America be able to avoid the same fate as the Episcopal Church, not only by averting a break-up of the denomination, but by resisting the disintegration of Christian teaching?  Is it possible to pluck out one thread from millennia of Christian teaching on sexual morality without starting to unravel the entire doctrinal garment?

Greg Sisk

Welcome to new law students!

I had the pleasure, yesterday, of welcoming the incoming first-years to Notre Dame Law School.  The experience reminded me of just how exciting those first few days of law school were (and, I hope, still are).  And, to prepare, I re-read our own Patrick Brennan's essay, which appeared in First Things a few years ago, "To Beginning Law Students."  Check it out.

A Paper of Possible Interest: The Nuremberg Trials


Douglas Linder
University of Missouri at Kansas City - School of Law


2007


Abstract:     
No trial provides a better basis for understanding the nature and causes of evil than do the Nuremberg trials from 1945 to 1949. Those who come to the trials expecting to find sadistic monsters are generally disappointed. What is shocking about Nuremberg is the ordinariness of the defendants: men who may be good fathers, kind to animals, even unassuming - yet who committed unspeakable crimes. Years later, reporting on the trial of Adolf Eichmann, Hannah Arendt wrote of the banality of evil. Like Eichmann, most Nuremberg defendants never aspired to be villains. Rather, they over-identified with an ideological cause and suffered from a lack of imagination or empathy: they couldn't fully appreciate the human consequences of their career-motivated decisions.

Twelve trials, involving over a hundred defendants and several different courts, took place in Nuremberg from 1945 to 1949. By far the most attention - not surprisingly, given the figures involved - has focused on the first Nuremberg trial of twenty-one major war criminals. Several of the eleven subsequent Nuremberg trials, however, involved conduct no less troubling - and issues at least as interesting - as the Major War Criminals Trial. For example, the trial of sixteen German judges and officials of the Reich Ministry (The Justice Trial) considered the criminal responsibility of judges who enforce immoral laws. (The Justice Trial became the inspiration for the acclaimed Hollywood movie, Judgment at Nuremberg.) Other subsequent trials, such as the Doctors Trial and the Einsatzgruppen Trial, are especially compelling because of the horrific events described by prosecution witnesses.

HT:  Kevin Lee

Friday, August 21, 2009

What does the ELCA get that, say, the magisterium doesn't? Or vice versa?

Here.