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.

Wednesday, July 2, 2008

Catholics United: Beyond Partisanship and Acrimony?

Michael P.'s recent post includes a letter from "Catholics United," which offers a book designed to "help put an end to the partisanship and acrimony that have prevented progress on the important issues of our day."  "Catholics United" tells us the book is important because the "far right" is busy advancing its "narrow partisan agenda."  The book, we are told, serves as an "effective counterbalance to the far right's own plans to advance an anti-common good agenda."  Hmm!  Beyond partisanship and acrimony?

I prefer Amy's call to civil and constructive dialogue:  "As a group I think we have the capacity to bring a significant contribution to the positive articulation of how CST might inform an approach to political life."

Obama? McCain? What's a Catholic to Do?

I just received the item below by e-mail--and thought that some MOJ readers, supporters of McCain as well as supporters of Obama, would be interested in seeing it ... BOTH for its content AND for what its content signifies about the controversy among us Catholics over who to support in the general election.

Dear Michael,

A Nation for All cover

The November elections are just around the corner, and as in years past the Catholic vote will be crucial in determining who our nation's next generation of leaders will be. The religious far right is already hard at work making its case that faithful Catholics must vote according to a narrow partisan agenda - an agenda that leaves little concern for war, poverty, the environment, health care, and a host of other essential life issues.

That's why we're thrilled to announce the publication of A Nation for All: How the Catholic Vision of the Common Good Can Save America from the Politics of Division, by Catholics United director Chris Korzen and Catholics in Alliance for the Common Good director Alexia Kelley. For a limited time, you can receive a copy of A Nation for All autographed by both Chris and Alexia with your $60 donation to Catholics United. For $100, we'll send you two copies.

Click here to donate to Catholics United and receive your
autographed copies of A Nation for All

In A Nation for All, Chris and Alexia demonstrate how the values at the core of our faith - loving our neighbors, concern for the poor, and building a society that prioritizes the health and well-being of everyone, not just the few - can help put an end to the partisanship and acrimony that have prevented progress on the important issues of our day.

A Nation for All is unique in that it directly challenges recent efforts by members of the far right and the Republican Party to coerce Catholics into supporting candidates who work against the common good. We show how the Catholic faith cannot be reduced to "litmus tests" or formulas designed to force the hands of Catholic voters, and confront the notion that denying Communion to candidates and voters is a legitimate and effective means of advancing the common good.

Make a $60 or $100 donation today and receive your
autographed copies of A Nation for All

By making a $60 or $100 donation to Catholics United, you not only receive your own autographed books, you help support the important work that Catholics United will be doing in the coming months. In addition to serving as an effective counterbalance to the far right's own plans to advance an anti-common good agenda, we'll be reminding all people of faith that America works best when we work together.

Thank you for your support.

Sincerely,

The Catholics United Team

Marriage Equality, Revisited

Over at The Immanent Frame, there is an interesting post this morning:  Promoting Marriage and Christianity in America.  To read the entire post, click here.  The author, Melanie Heath, "is assistant professor of sociology at McMaster University, Hamilton, Ontario, Canada. Her forthcoming book, One Marriage Under God: Defense of Marriage Actions in Middle America, will be published by New York University Press."

Here are some excerpts:

Following the recent California Supreme Court ruling in favor of same-sex marriage, National Public Radio offered a report on “the coming storm” between two “titanic” legal principles: “equal treatment for same-sex couples” and “the freedom to exercise religious beliefs.” The report gave several examples of this “collision,” which opponents cite as proof that same-sex marriage is a threat to religious liberty. The idea of an impending collision may overstate the intensity of impending legal conflicts, especially since cases of this nature have been fought for several decades following the emergence of laws prohibiting discrimination in housing, employment and education for non-heterosexuals. Still, the current portrayal of this conflict does foreground the complex relationship of marriage, religion, and the state to promote one form of marriage (white, heterosexual, monogamous). It is same-sex marriage’s (and polygamy’s) challenge to this interrelationship that provokes such anxiety among religious conservatives.

Posts by Stephanie Coontz and Tey Meadow and Judith Stacey reveal the multilayered and complex history of marriage and Christianity in Europe and America, and its culmination in what Coontz remarks was an “untraditional” shift by the state to make marriage a privileged status that is attached to a large number of social and economic benefits (and constraints). In this vein, I will turn my attention to the less-known marriage promotion movement in the United States, in order to shed further light on how state and religion work together to define and protect the boundaries of marriage, and what this movement might mean for the future of marriage equality.

. . .

While religious conservatives balk at their loss of religious liberty under an increasingly wide array of antidiscrimination laws in relation to non-heterosexuals, it is significant that government marriage promotion policies combine religion and science to extend the privileged status of marriage to white, middle-class, heterosexual couples. This analysis speaks to the demands that social justice will require of the movement for marriage equality. Even as the battle against “separate but equal” recognition of same-sex couples gains legal footing, those fighting for marriage equality must take into consideration the consequences of the movement on other forms of social inequality. On the one hand, as states move in the direction of Massachusetts and California, it will become more difficult for government, politics, and religion to unite in an effort to promote heterosexual marriage as the superior family form. On the other, as Meadow and Stacey argue in their post, it does not offer justice to those outside the boundary of marriage who are barred from accessing its socioeconomic benefits, whether straight or gay. Thus, there are good reasons to expand the fight for marriage equality to consider the option offered in the California Supreme Court decision, for the state to eliminate the term “marriage” altogether and allow religious and secular communities to offer their own “definition.” This solution will not eliminate legal conflicts over antidiscrimination and religious liberty, but it might provide for a more just world.

California's death penalty "dysfunctional"

Story here: 

The California death penalty system, plagued by backlogs in appeals that routinely delay executions by more than two decades, is "dysfunctional" and in danger of collapse, a state commission concluded Monday.

The report by the California Commission on the Fair Administration of Justice offered a blistering indictment of the system, saying the state has fostered a "disrespect for the rule of law and weakened any possible deterrent benefits of capital punishment."

In the state that maintains the largest death row — currently 669 condemned inmates — the report determined that California could save up to $100 million a year by abolishing the death penalty. Yet the 22-member panel stopped short of recommending its elimination.

"Although outright abolition would be the cleanest, most definitive approach to death penalty reform … we recognize that, ultimately, a political judgment must be made about whether the time is right to seek a fresh electoral choice on whether California ought to have a death penalty," the report said.

Sen. McCain's response on faith-based programs

We've been talking about Sen. Obama's recent speech, in which he endorsed the pre-Bush version of the faith-based initiative, and also about the reservations many religious-freedom advocates do and will have about the proposed roll-back of protections for organizations that hire for religious mission.  Here, for what it's worth, is a short response issued by Sen. McCain: 

John McCain supports faith based initiatives, and recognizes their important
role in our communities. He has cosponsored legislation to foster improved
partnerships with community organizations, including faith-based, to assist
with substance abuse and violence prevention. He also believes that it is
important for faith-based groups to be able to hire people who share their
faith, and he disagrees with Senator Obama that hiring at faith-based groups
should be subject to government oversight.

If Sen. Obama could persuade his fellow Democrats to drop their insistence on applying the same non-discrimination norms that (appropriately) bind the government to religious organizations that engage, with some help from public funds, in providing social-welfare services, he truly would have helped to "turn a page" in our politics.

Who's the Catholic-vote "natural"?

It has been suggested that Sen. Obama is a "natural" for the Catholic vote.  Ryan Anderson argues here that, in fact, the Catholic-vote "natural" is Sen. McCain.  And around we go . . . .

Obama's Faith-Based Plan and Evangelicals

If Obama's faith-based plan was intended in part to woo evangelicals, it's going to face a major obstacle

Mr. Obama’s position that religious organizations would not be able to consider religion in their hiring for such programs would constitute a deal-breaker for many evangelicals, said several evangelical leaders, who represent a political constituency Mr. Obama has been trying to court.

“For those of who us who believe in protecting the integrity of our religious institutions, this is a fundamental right,” said Richard Cizik, vice president for governmental affairs for the National Association of Evangelicals. “He’s rolling back the Bush protections. That’s extremely disappointing.”

Rich Cizik is one of those centrist evangelicals who's broadened the public policy focus to include issues like global warming.  If he (understandably) finds the hiring-rights issue a deal-breaker, most evangelical leaders and social services will as well.  Of course, some evangelical voters may overlook that issue and respond positively to the general plan, and nudging a few more toward Obama may be all that his campaign expects politically.

Tuesday, July 1, 2008

Obama's Faith-Based Initiative

Barack Obama is giving a speech today committing to expand the federal "faith-based initiative" in terms of the amount of federal funding for religious and other community-based social services.  But unlike Bush, Obama would not allow an organization to "use [the federal] grant money" to "discriminate against ... the people [it] hire[s]" on the basis of religion.  The AP story is here; an advance text of the speech is here.

Providing greater funding to this effort than the Bush administration did is, as I've argued, a good and necessary thing.  But, as several of us here have argued, an organization hiring employees based on religion to carry out its mission should not be seen as practicing improper discrimination; and excluding those organizations is likely to undercut the breadth and effectiveness of the program.  Obama's speech also mentions that "directly" funded programs must remain secular in content.  This is a feature of the Bush initiative too; and Obama's language suggests perhaps that programs serving individuals receiving federal vouchers (i.e. programs that are "indirectly" funded) may have religious content.  More details to come, no doubt.

UPDATE: Here are the details of the plan from Obama's website; positive comments on it from former Bush faith-based czar John d'Iulio; and a critical analysis from Greg Baylor of the Christian Legal Society, which defends the right of religious organizations to hire on the basis of faith considerations.

Monday, June 30, 2008

What Teenage Girls Read

A post on the Feminist Law Professors blog reported the author's experience of looking for a book to give a 12-year old girl as a gift.  What she found in her local Barnes & Noble bookstore, "were shelves of books promoting vanity, consumerism and sex. The titles were things like Gossip Girl and Cheetah Girls. After reading the cover summaries it seems that in order to encourage reading in our teen girls we have to expose them to the promotion of celebrity worship, buying designer handbags, gossiping about your friends, and having sex to be popular."

I asked my 15-year old daughter her reaction to this.  She reports that it is the case that the bulk of books in the teen section of our local Barnes and Noble consist of things like Gossip Girl and Cheetah Girls.  Fortunately, she also reports that one can, in fact, find wonderful books the encourage and inspire girls beyond the sorts of things promoted in the teen series.  Why it takes such work to find such books is another matter.

For those looking for some good books for teen girls, I share some of Elena's suggestions: Chinese Cinderella, by Adeline Yen Mah; The Great Good Thing, by Roderick Townley; The Book Thief, by Markus Zusak; and The Beekeeper's Apprentice, by Laurie R. King (one of Elena's favorites)

Church Autonomy and the Virginia Episcopalian Unpleasantness

          A Virginia trial judge has ruled that conservative breakaway congregations from the Episcopal Church in Virginia should keep their property.  (HT: Christianity Today)  The judge relied on and upheld the constitutionality of an 1867 Virginia statute providing that whenever church property involving a congregation is held in the name of trustees, the majority of the congregation determines who gets the property.  This, the court held, was a permissible "neutral principle of law" for resolving intra-church property disputes, of the sort approved by the Supreme Court in Jones v. Wolf, 443 U.S. 595 (1979).
          In these disputes over property arising from a schism, the issue for churches in which congregations belong to larger bodies with religious authority over them -- the Catholic Church quintessentially, but others as well -- is how to ensure that such an authority relationhip is respected by a civil court.  Jones v. Wolf had said that this was no problem because higher bodies or denominations could use general legal rules to put title in their name or create trusts in their favor.  The Episcopal Church created such an express trust for its parishes in favor of the diocese and general church.  But according to the Virginia court, trusts for religious denominations are invalid under state law.  Instead the general church should have put title in the name of the diocesan bishop, as Catholics do, or perhaps incorporate every parish.
          I'm not up on all the details of this litigation, but the decision raises several concerns.  The idea that it's no burden to be blocked from the express-trust route of maintaining control because you can put title in the bishop's name seems a dangerous restriction on churches' ability to structure themselves to reflect their religious understandings about polity.  In Virginia, the logic may force all churches to organize themselves either like Baptists (congregation wins) or like Catholics (bishop has formal title), when other churches may have religious reasons for preferring the route of local control but subject to a trust.  More generally, a restrictive rather than flexible attitude toward how religious organizations can reflect their polity in legal terms is bad for religious autonomy in general, and should be of concern to Catholics too.
          The trigger for these cases, of course, is the withdrawal of conservative congregations from the national church because of its liberal decisions, particularly but not only the ordination of an openly gay bishop.  My final worry is that theological traditionalists, cheering these property cases based on their immediate effect, will make law that is bad more generally for the autonomy of religious organizations from state restrictions.  That could well harm traditionalist Christianity more in the long run, since, as we are quite aware here on MOJ, traditionalist churches often run up against liberal- or secular-oriented regulation and look to constitutional autonomy doctrines to protect them.
          ADDENDUM:  I meant to congratulate Steffen Johnson and Gene Schaerr, my friends at Winston & Strawn, who won this case for the breakaway congregations.  They have been strong defenders of church autonomy over the years, and they made arguments that would preserve some options for higher church bodies/denominations to use legal rules to retain control over property.  But I still remain concerned about state rules that cut off certain kinds of organizational options, like trusts, for the higher body.