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.

Thursday, April 9, 2009

Real-World Narrative Con't (Part 3)

[Petitioner presented as one of his expert witnesses] Dr . Michael Lamb, Professor of Psychology at the University of Cambridge, Cambridge, England. Dr. Lamb spent 17 years as a senior research scientist at the National Institute of Child Health and Human Development (part of the National Institute of Health) before moving to England in 2004 to serve as the head of the Department of Psychology and head of the Faculty of Social Sciences at the University of Cambridge. One area of Dr. Lamb’s 30 years of research focuses on the factors relating to children’s development and adjustment. Dr. Lamb was qualified as an expert witness in psychology with a specialization in the development and adjustment of children, including children of gay and lesbian parents. Dr. Lamb stated that most families, today, are not traditional families. According to Dr. Lamb, there are three important factors that are predictors of healthy adjustment for children. One well recognized predictor of healthy adjustment is a child’s relationship with his parents: a child is more likely to be well adjusted if he has a warm, harmonious relationship with committed, involved, sensitive parents. The second predictor is the relationship between the adults in the child’s life. Children are more likely to be adjusted when the relationship between the parents is harmonious and positive. The third widely recognized predictor of adjustment is the resources available to a child. Children tend to adjust and better when they have adequate resources available and children who grow up in less well resourced homes are more likely to have issues with maladjustment. Providing additional insight into the development of the field in this area, Dr. Lamb points out that researchers once believed that traditional families provided the best environment for children. As the research developed, however, the notion was proven to be flawed, because the quality of the parenting itself is more important.

The witness testified that based on his 30 years of research and experience in the field, he can say with certainty that children raised by homosexual parents do not suffer an increased risk of behavioral problems, psychological problems, academic development, gender identity, sexual identity, maladjustment, or interpersonal relationship development.9  [fn 9:  As also supported by studies included in and performed by the Journal of Child Development, Child Psychology, Journal of Family Psychology, Journal of Child Psychology and Psychiatry; Professor Susan Golombok, Professor Shana Patterson, Professor Cum Ta Rey Chan; Trial transcript, Oct. 2, 2008, p. 57 l. 19 – p. 62 l. 21.]

Dr. Lamb’s work is consistent with other studies of same sex parents indicating their children are not more likely to be maladjusted. As such, pursuant to the witness’ testimony the assumption that children raised by gay parents are harmed is not a reliable finding. In fact, it is contrary to the consensus in the field. Although much of the research in this area compares children raised from birth by lesbian couples to children raised from birth by heterosexual couples, the witness believes the research would prove consistent if the samples included children raised by homosexual fathers. Explaining the literature to the contrary,11 Dr. Lamb offers that such research is unreliable, not methodologically sound, unpublished or published in non-peer review publications, and over-emphasizes non-statistical differences, among other methodological flaws. Additionally, the witness states that longitudinal studies reveal the same results as cross-sectional studies. Also, as to the contention that research need be conducted of adoptive children raised by homosexual parents versus children raised by biological homosexual parents, Dr. Lamb rejects the idea stating that the predictors in adoptive and biological gay parenting are not different. Moreover, although adoptive children have an additional factor to consider (their prior background), this does not relate to the sexual orientation of their caregiver.  [fn 11:  R. Lerner and A.K. Nagai, No Basis: What the Studies Don’t Tell Us About Same-Sex Parenting, Marriage Law Prject (Jan. 2001) (reviewing 49 studies on same-sex parenting and finding recurring methodological flaws); W. Schumm, Re-examination of Evidence Concerning Child Development, reported in F. Tasker and S. Golombok’s 1997 Growing Up In a Lesbian Family; K. Cameron & P. Cameron, Homosexual Parents, 31 Adolescence 757, 770-774 (1996) (P. Cameron was censured and ousted by the APA for misreporting results about homosexual parenting); J. Stacy & T. Biblarz, How does the Sexual Orientation of Parents Matter, 66 Am Soc. Rev. 159, 166 (2001) (although cited by Lofton as opposing homosexual parenting, Stacy and Biblarz concluded, “Because every relevant study to date shows the parental sexual orientation per say has no measurable effect on the quality of parent/child relationships, or on children’s mental health and social adjustment, there is no evidentiary basis for considering parental sexual orientation in decisions about children’s best interest”); Zatieros Zaranticos, Children in Three Contexts, Family, Education, and Social Development (Zaranticos is not a psychologist. The article was not published in a peer reviewed journal, but an Australian magazine. According to critics, the study fails to prove maladjustment of children raised by homosexual parents because of the failure to account for the divorce or separation many of the children had recently experienced and was likely the cause for their maladjustment.)]

Relating to sexual activity and/or orientation of children of homosexual parents one study revealed that female children raised by lesbians were more sexually active than males raised by lesbians. Dr. Lamb interjects that such results reveal only that children raised by lesbians are less strictly tied to sexual roles and rigid applications of sex roles. Dr. Lamb emphasizes that there was no difference in the age the children raised by lesbians began engaging in sex versus those raised by heterosexuals. Moreover, according to the witness, there was no significant difference between the sexual orientation of children with lesbian parents and those with heterosexual parents. Although children raised by lesbian mothers expressed openness to considering same sex attraction, Dr. Lamb explains that children of lesbian mothers tended to believe their parent would be more tolerant of a same sex relationship. Dr. Lamb states the import of the research revealed by the study is not that gay parents rear gay children, but more a lesson in promoting tolerance.

With regard to social relationships and peer adjustments, Dr. Lamb reports that children raised by gay parents develop social relationships the same as those raised by heterosexual parents. The research shows that children of gay parents are not ostracized and do not experience discrimination any more than children of heterosexual parents. According to the witness, children have always and will continue to tease and bully their peers about their parent’s appearance, employment, ethnic background, parenting style, or sexual orientation. A child that is teased views one reason no less hurtful than another. Therefore, Dr. Lamb concludes that the exclusion of homosexuals from adoption does not shield a child from being teased by his/her peers.

Lastly, Dr. Lamb opined that the assumption that children need a mother and a father in order to be well adjusted is outdated and not supported by the research. According to the witness, there is no optimal gender combination of parents; neither men nor women have a greater ability to parent. Additionally, today, two-parent households are less attached to static roles than in the past. Moreover, there is a well established and generally accepted consensus in the field that children do not need a parent of each gender to adjust healthily. The witness opines that the exclusion of homosexuals as adoptive parents is not rationally related to child adjustment. Rather, the witness believes the exclusion hurts children by reducing the number of capable and appropriate parents available and willing to adopt.

[Final installment, tomorrow.]

Cathleen Kaveny's 2008 Santa Clara Lecture

[From the NDLS web site:

A member of the Notre Dame Law School faculty since 1995, M. Cathleen Kaveny has held the John P. Murphy Foundation Chair in Law since 2001. A scholar who focuses on the relationship between law and morality, she earned her A.B. summa cum laude from Princeton University in 1984, and holds four graduate degrees from Yale University, including her M.A. (1986), M.Phil (1990), J.D. (1990) and Ph.D. (1991). A member of the Massachusetts Bar since 1993, Professor Kaveny clerked for the Honorable John T. Noonan Jr. of the U.S. Court of Appeals for the Ninth Circuit and worked as an associate at the Boston law firm of Ropes & Gray in its health-law group. She also served as the Royden B. Davis Visiting Professor in Interdisciplinary Studies at Georgetown University during the spring of 1998.]

Cathy gave the 2008 Santa Clara Lecture:  "Prophetic Discourse in the Public Square".

Highly recommended, especially to MOJ readers.  You can access the lecture here.

Tony Blair Speaks to Benedict XVI ...

The Pew Forum on Religion & Public Life
April 8, 2009

Tony Blair tells the Pope: you're wrong on homosexuality

by Ruth Gledhill
The Times Online

Pope Benedict XVI and Tony Blair

Tony Blair has challenged the "entrenched" attitudes of the Pope on homosexuality, and argued that it is time for him to "rethink" his views.

Speaking to the gay magazine Attitude, the former Prime Minister, himself now a Roman Catholic, said that he wanted to urge religious figures everywhere to reinterpret their religious texts to see them as metaphorical, not literal, and suggested that in time this would make all religious groups accept gay people as equals.

Asked about the Pope's stance, Mr Blair blamed generational differences and said: "We need an attitude of mind where rethinking and the concept of evolving attitudes becomes part of the discipline with which you approach your religious faith."

The Pope, who is 82, remains firmly opposed to any relaxation of the Church's traditional stance on homosexuality, contraception or any other area of human sexuality. He has described homosexuality as a "tendency" towards an "intrinsic moral evil".

Conventional wisdom was not necessarily wise, [Blair] said. “It can be wrong and it can be just a form of conservatism that hides behind a consensus.... [I]t’s amazing how the same arguments in favour of prejudice crop up again and again and again.”

He also claimed that the mood was changing in evangelical circles, which have been long been anti-gay — the source of the dispute that has taken the worldwide Anglican Communion to the brink of schism.

Referring to his contacts with evangelical groups in the US and elsewhere through the foundation, he said: “I think there is a generational shift that is happening. If you talk to the older generation, yes, you will still get a lot of pushback, and parts of the Bible quoted, and so on. But if you look at the younger generation of evangelicals, this is increasingly for them something that they wish to be out of — at least in terms of having their position confined to being anti-gay.”

[Entire story, here.]

The 2009 Conference on Catholic Social Thought & the Law at Villanova

CALL FOR PAPERS

JOURNAL OF CATHOLIC SOCIAL THOUGHT

Conference on Catholic Social Thought and Legal Education

Villanova

University

School

of Law

September 26, 2009

 

Saint Ignatius of Loyola wrote in the Constitutions of the Society of Jesus in 1552 that the study of law would not be treated in Jesuit universities because it was too far removed from the purposes of the order. Within thirty years, though, faculties of law were opening in Jesuit universities, and today in the

United States

there are some 27 law schools in Catholic universities under Augustinian, Jesuit, Dominican, Holy Cross, Marianist, Vincentian, Spiritan, and diocesan auspices. The past 10 years have witnessed a renaissance in Catholic legal education. New law schools have opened with an express commitment to Catholic identity, and established law schools at Catholic universities have undertaken to enhance their institutional mission. Catholic social teaching offers extraordinary opportunities for the integration of Catholic perspectives into legal education, as principles in Catholic social teaching such as solidarity, subsidiarity, the option for the poor, economic justice, and the systematic linkage of the religious and the social provide distinctive bases for both critique and reconstruction of existing legal structures. The 2009 annual conference sponsored by the Journal of Catholic Social Thought and Villanova University School of Law will explore a range of topics at the intersection of Catholic social thought and legal education. Among the possible topics for papers are explorations of how Catholic social thought can produce a vibrantly Catholic approach to law and legal education; proposals for the integration of Catholic social thought pervasively into the law school curriculum; examinations of Catholic social thought's particular importance in specific courses such as clinics, jurisprudence, legal profession, poverty law, immigration, business associations and others; Catholic social thought’s relevance to the formation of law students and preparation for the vocation of lawyering in Catholic law schools; and how the principles of Catholic social thought should influence students' experience of law school outside the classroom. The conference will include presentations by law school faculty who have taught classes in Catholic social thought & the law in both Catholic and non-Catholic law schools. The conference will begin a dialogue about the past, present, and future of Catholic legal education in the

United States

within the framework of Catholic social thought.

 

Paper proposals or a question may be directed to Professor Michael Moreland at [email protected], or Dean Mark Sargent at [email protected]. Proposals should be submitted by

May 30, 2009

. Papers will be considered for publication in the Journal of Catholic Social Thought, a peer-reviewed journal.

 

-- Mark Sargent

 

 

A blessed Holy Week to all...

I join Susan in expressing gratitude to God for the gift of His son for us all. To all, a blessed Holy Week.


As I put aside my academic duties after class today and assume my priestly duties beginning with the Mass of the Lord's Supper early this evening, I shall pray for all our MOJ family--contributors and readers alike.

I shall take some time on Holy Saturday to consider how to respond to some of this week's postings subsequent to Easter Monday. When I do post again, it is my hope that I shall do so in respectful engagement with the desire for continued discussion and, yes, debate with my friends at the Mirror of Justice.

May our merciful and caring God bless you all!


RJA sj

Easter Triduum

This evening begins the three day period referred to as the Easter Triduum.  Those of us who are Catholics on this blog often disagree on any number of issues, as our posts make quite clear.  But what we pray with and celebrate on these days is something we share as members of one faith - the central events of Christ's life: the Last Supper (about which I reflected at more length this morning here), Christ's crucifixion and time in the tomb and, most fundamentally, His Resurrection.  While I am not suggesting we put aside our differences (or suspend talking about them), I do encourage us to spend time reflecting during these days on God's incredible love made manifest in the events we celebrate.

Have a blessed Triduum.

Recommended Reading

Aidan O'Neill, Roman Catholicism and the Temptation of Shari'a, Common Knowledge, 15:2 (Duke University Press 2009).  Interesting, informative, provocative.

You may download it here:  Roman_Catholicism_and_the_Temptation_of_Shari'a.

This is how it begins:

Perhaps, even if I have misread his contributions to the present and immediately
preceding issues of Common Knowledge, Alick Isaacs will not take it amiss if I say
they have stimulated the appearance of this essay of mine in the same venue and
context.1 Our efforts have in common, first, that we both are Scots whose religion
is not that of the state-recognized national Church of Scotland: Dr. Isaacs,
as I understand it, is a modern Orthodox Jew, and I am a Roman Catholic. We
share also, and more significantly, a discontent, as citizens of the post-Nuremberg
world order, with elements of our respective orthodoxies — and I believe we share
also a sense that the authorities of our religions, in reaction against modernity,
have gone astray from their own longer-term traditional principles.
Dr. Isaacs
writes, in this milieu, on behalf of peace. It is my intention to write here, in a
complementary fashion, on behalf of democracy, its institutions, and the exercise
of individual conscience. For his part, Dr. Isaacs builds a case on foundational
texts of the talmudic age — and in turning first to the Christian Gospels, so, in
a sense, do I.

An "apophatic" Christian?

Beware that pernicious idol, the anthropomorphized "God".  (Cf. the Second Commandment.)  Some have asked me what I meant when I described myself as an apophatic Christian.  Something quite classically orthodox, actually.  See Nicholas Lash, Theology for Pilgrims (Notre Dame 2008).  In particular, the chapters that constitute "Part One:  Thinking of God Without Losing Our Way".  (As it happens, the first of those chapters is a devastating critique of Dawkins's The God Delusion.)

Wednesday, April 8, 2009

My favorite "lost" Catholic

My favorite "lost" Catholic at the moment is Holly Hunter's fictional character, Grace Hanadarko, in TNT's drama series "Saving Grace."  The upcoming (next Monday) season finale addresses death penalty questions - Detective Grace Hanadarko and a death row inmate have an extraordinary link and Grace's brother, a priest, is attempting to help the same death row inmate.  Perhaps I like the show partly because it is set in Oklahoma City, some of Grace's problems (but by no means all of them) stem from the loss of a sister in the Oklahoma City bombing, and there is even a Longhorn (like me) creating a little friendly rivalry with the otherwise Sooner born, Sooner bred office. 

Warning, the show is not for the puritanical souls among us.

Dover Air Force Base: The Return of the Dead

You may want to listen, here.