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.

Sunday, April 19, 2009

" ... notwithstanding the current opposition of most people."

The title of this post is lifted from Rick Garnett's post earlier today.  Yes, a majority currently opposes opening up "marriage" to same-sex couples.  But a majority currently *supports* creating civil unions for same-sex couples:  According to a 2007 Pew Research Center survey, a bare majority Americans (55%) opposes, and a significant minority (36%) supports, recognizing same-sex marriage.  However, a bare majority of Americans (54%) supports, and a large minority (42%) opposes, civil unions for same-sex couples, according to a 2006 Pew survey.

I found the following passages in Frank Rich's column, to which Rick referred in his post, particularly interesting (especially the part about the Mormon governor of Utah):

On the right, the restrained response [to developments in Iowa dnd Vermont] was striking. Fox barely mentioned the subject; its rising-star demagogue, Glenn Beck, while still dismissing same-sex marriage, went so far as to “celebrate what happened in Vermont” because “instead of the courts making a decision, the people did.” Dr. Laura Schlessinger, the self-help media star once notorious for portraying homosexuality as “a biological error” and a gateway to pedophilia, told CNN’s Larry King that she now views committed gay relationships as “a beautiful thing and a healthy thing.” In The New York Post, the invariably witty and invariably conservative writer Kyle Smith demolished a Maggie Gallagher screed published in National Review and wondered whether her errant arguments against gay equality were “something else in disguise.”

More startling still was the abrupt about-face of the Rev. Rick Warren, the hugely popular megachurch leader whose endorsement last year of Proposition 8, California’s same-sex marriage ban, had roiled his appearance at the Obama inaugural. Warren also dropped in on Larry King to declare that he had “never” been and “never will be” an “anti-gay-marriage activist.” This was an unmistakable slap at the National Organization for Marriage, which lavished far more money on Proposition 8 than even James Dobson’s Focus on the Family.

As the polls attest, the majority of Americans who support civil unions for gay couples has been steadily growing. Younger voters are fine with marriage. Generational changeover will seal the deal. Crunching all the numbers, the poll maven Nate Silver sees same-sex marriage achieving majority support “at some point in the 2010s.”

As the case against equal rights for gay families gets harder and harder to argue on any nonreligious or legal grounds, no wonder so many conservatives are dropping the cause. And if Fox News and Rick Warren won’t lead the charge on same-sex marriage, who on the national stage will take their place? The only enthusiastic contenders seem to be Republicans contemplating presidential runs in 2012. As Rich Tafel, the former president of the gay Log Cabin Republicans, pointed out to me last week, what Iowa giveth to the Democrats, Iowa taketh away from his own party. As the first stop in the primary process, the Iowa caucuses provided a crucial boost to Barack Obama’s victorious and inclusive Democratic campaign in 2008. But on the G.O.P. side, the caucuses tilt toward the exclusionary hard right.

[T]he McCain-Palin 2008 campaign strategist, Steve Schmidt, ... on Friday urged his party to join him in endorsing same-sex marriage. Another is Jon Huntsman Jr., the governor of Utah, who in February endorsed civil unions for gay couples, a position seemingly indistinguishable from Obama’s. Huntsman is not some left-coast Hollywood Republican. He’s a Mormon presiding over what Gallup ranks as the reddest state in the country.

“We must embrace all citizens as equals,” Huntsman told me in an interview last week. “I’ve always stood tall on this.” Has he been hurt by his position? Not remotely. “A lot of people gave the issue more scrutiny after it became the topic of the week,” he said, and started to see it “in human terms.” Letters, calls, polls and conversations with voters around the state all confirmed to him that opinion has “shifted quite substantially” toward his point of view. Huntsman’s approval rating now stands at 84 percent.

Welcome, Arbp. Dolan!

I went to mass today at St. Patrick's Cathedral.  New York's new archbishop, Timothy Dolan, presided.  Wow!  What an engaging, warm, and inspiring person.  A wonderful (providentially so?) face for the American bishops, and for American Catholics generally.

Language matters, redux

As if to underscore Rob's point in this post, the ever-irenic (not) Frank Rich went off today.  Much of the column was devoted to tinfoil-hattery about Prof. Robert George and Princeton's James Madison Program.  (I was -- I confess! -- speaking on Friday at a conference on religious liberty co-sponsored by the Program.  I don't *feel* like a bigot. . . .)  He also trotted out the tired charge that to worry about judicial overreach is to set oneself against Brown v. Board of Ed.  (I imagine our own Michael Perry would -- as would, I am confident, if he could, that scourge of judicial overreach, Abraham Lincoln -- argue otherwise!).

Now, that said, I suspect that Rich is right, and that the movement toward same-sex marriage will continue, notwithstanding the current opposition of most people.  I do wonder, though, whether it will continue in a way that respects religious liberty.  (Should it?)  Rich's column does not provide much reason for optimism.  Stay tuned.

Habemus Papam!

Today is the 4th anniversary of Pope Benedict XVI's election.  Ad multos annos!

A Tree Grows in Oklahoma City

Re Michael S.'s reminder  of the anniversary of the Oklahoma City bombing: while visiting them last spring, Michael and his wife, Maria, took me to visit the site.  Many things about the visit moved me, but one of most powerful parts of the experience for me was the American Elm tree standing on the plaza, called the "Survivor Tree" becuase it remarkably continues to grow despite its proximity to so much that was destroyed in the bombing.  During this Easter season, it stands as a wonderful reminder of resurrection.  I talk a bit about the symbolism of the tree in a reflection I posted here.

We will never forget

those who died and those who were injured 14 years ago today in the Oklahoma City bombing and those who came to aid them.

Saturday, April 18, 2009

"I dreamed a dream"

Over 26 million people have now viewed the youtube video of Susan Boyle singing "I Dreamed a Dream" on the show "Britain's Got Talent.  Catholic News Service reports

The audience snickered and the judges of "Britain's Got Talent" either rolled their eyes or allowed their blank expressions to betray their bemused skepticism as the awkward-looking middle-aged woman told them she wanted to be as famous as the popular British actress and singer Elaine Paige.

Then Susan Boyle began to sing, and they were spellbound and shocked by the beauty of her voice and rose to their feet in applause.

But Father Basil Clark, who watched the show on television at his home in Broxburn, Scotland, was not surprised.

He has seen the situation unfold many times before, having regularly accompanied Boyle, 47, on the annual Legion of Mary pilgrimage to the Marian shrine in Knock, Ireland.

"When I watched the judges' faces it reminded me of what I was like when I first saw Susan singing -- absolutely blown away by the quality of the singing and by that fantastic voice," said Father Clark, dean of West Lothian, the district that covers Boyle's home village of Blackburn.

For the rest of the story, click on the link above.  For the video click here.

UPDATE:  James Martin, S.J. writes (click here for the full post) on America's blog:

The way we see Susan Boyle is very nearly the way God sees us: worthwhile, special, talented, unique, beautiful.  The world generally looks askance at people like Susan Boyle, if it sees them at all.  Without classic good looks, without work, without a spouse, living in a small town, people like Susan Boyle may not seem particularly "important."  But God sees the real person, and understands the value of each individual's gifts: rich or poor, young or old, single or married, matron or movie star, lucky or unlucky in life.  God knows us.  And loves us.  

"Everybody is somebody" said Archbishop Timothy M. Dolan at his installation Mass in New York City yesterday.  That's another reason why the judges smile and the audience explodes in applause. 

Because they recognized a basic truth planted deep within them by God: Susan Boyle is somebody. 

Everybody is somebody.

Opening of the Fred T. Korematsu Center for Law and Equality

Today is the kick-off event for the Fred T. Korematsu Center for Law and Equality at Seattle University School of Law.  The presentations this morning focused on the Japanese internment, the initial Supreme Court decisions, and the later coram nobis decisions (nearly the entire legal team was present).  Speakers this afternoon will focus on the role of academics in advocacy for justice more generally.  The entire event was framed by Seattle University School of Law Dean Kellye Testy in the context of the obligations to love and do justice in Catholic tradition.  Please follow the link below for more information.

Korematsu Center Launch

Friday, April 17, 2009

Doug Kmiec on the Colbert Report, Discussing, Inter Alia, "Gay Marriage"

Check it out, via dotCommonwealHere.

Obama and Embryonic Stem Cell Research: The Influence of Gene Outka and Doug Kmiec?

NYT, 4/18/09

Some Restrictions Lifted on Stem Cell Research

WASHINGTON — The Obama Administration announced Friday that it planned to lift some — but not all — of the financing restrictions on human embryonic stem cell research in place during the Bush administration, a move that will please many but not all scientists.

The proposed guideline, which the administration plans to finalize by July 7, would allow research only on stem cells derived from surplus embryos at fertility clinics. Federal financing could still not be used to support the creation of embryos solely for the purposes of research or embryos created by therapeutic cloning.

Such restrictions, some scientists believe, could limit research into the creation of genetically matched organs for transplantation. And in an odd twist, the guideline’s requirements that donors be told what might happen to their embryos during research may make ineligible for future federal financing some of the older stem cell lines that President Bush had approved.

[The rest is here.]

Consider the position of Gene Outka, Dwight Professor of Philosophy and Christian Ethics at Yale University.  Outka "take[s] conception and all that it alone makes possible as the point at which one should ascribe a judgment of irreducible value" and opposes the creation of embryos for use in stem cell research.  But Outka would permit the use of "excess" embryos, i.e., embryos left over after infertility treatments have been completed.  See Gene Outka, "The Ethics of Human Stem Cell Research," in Brent Waters & Ronald Cole-Turner, eds., God and the Embryo:  Religious Voices on Stem Cell and Cloning 29 (2003).  (The quoted language is on p. 55.)