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, June 26, 2005

SPAIN, THE CHURCH, AND SAME-SEX MARRIAGE

This article in the "Week in Review" section of today's NYT will be of interest to many MOJ readers.  An excerpt follows.  To read the entire article, click on the link below.

New York Times
June 26, 2005

As Spaniards Lose Their Religion, Church Leaders Struggle to Hold On
  

By SAMUEL LOEWENBERG

MADRID — Last weekend the center of this city was virtually shut down by two competing events, each of which drew hundreds of thousands of people. The first was organized with the backing of the Roman Catholic Church and the conservative opposition party to protest government-sponsored legislation that would allow same-sex marriages. Nineteen bishops and a cardinal took part.

The second event was a concert by the Brazilian samba star Carlinhos Brown on the Castellana, Madrid's major thoroughfare. It had no overt political message, beyond Mr. Brown's exhortations for personal freedom and mutual respect, which were met with jubilation by the wildly dancing crowd.

If one were to ask which event matched the political winds now blowing in Spain, the outdoor concert would have won hands down.

Religion is rapidly losing strength and influence in politics here. Even though this country was once the global bastion of conservative Catholicism, gay marriage is expected to become legal this month, under the most liberal such law in all of Europe.

This presents a particularly troubling challenge for the Catholic Church, whose new pope, Benedict XVI, has expressed a strong concern about the decline of religious feeling throughout Europe. Northern Europe has a long history of secularism, but southern Europe is now catching up, with the changes in Spain particularly profound, swift and sometimes jarring.
. . .

At the rally, placards argued against legalizing same-sex unions as a threat to the family. But some analysts say Spaniards have been able to run from the church partly because the family here is in fact thriving - and remains a source of emotional support. A high percentage of people under 35 still live with their parents, for example, and large family gatherings are still a normal weekly event.

As acceptance of homosexuality has grown, many Spaniards have considered it more important to assist gay relatives than to listen to church doctrine, said Fernando Vallespín Oña, president of the Center for Sociological Investigation.

"Spaniards' love of their children is deeper than their love for their religion," he said.

[To read the entire article, click here.]
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mp

Pro-Life Rapping?

New York Times
June 26, 2005

Nick Cannon

On a new single, this fresh-faced rapper and actor rushes in where Hallmark fears to tread. Maybe you can't buy a greeting card to thank your mother for not aborting you, but now there's a hip-hop track expressing that very sentiment. Visit www.nickcannonmusic.com to hear "Can I Live," which has a chorus by the winsome soul singer Anthony Hamilton, and to watch the video. (Beginning with protesters outside an abortion clinic, it stars Tatyana Ali as the pregnant protagonist.) "I know the situation is personal," Mr. Cannon declares at the beginning, perhaps understating the case. He is no one's idea of a brilliant rhyme-spitter, but sometimes content trumps form, as when he rewinds to his very early years - as a fetus - to declare, "Mommy, I don't like this clinic/Hopefully you'll make the right decision/And don't go through with the knife decision." There should be a special Grammy reserved for the first politician (on either side of the aisle) who finds a way to appropriate this strange but not unmoving song. And Mr. Cannon deserves recognition, too, for finding a truly startling way to express a rather simple thought: he's happy to be alive.
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mp

Thursday, June 23, 2005

A Brief Comment and Question for Rob

Rob asks, in his post immediately below, "who's right" as a matter of Catholic legal theory.  I don't think we can answer this question until we answer a prior question:  Who's right as a matter of the correct interpretation of the takings clause of the Fifth Amendment?  I have no expertise with respect to that question.  Who does?  Rick?  Anyone else?

Michael P.

Tuesday, June 21, 2005

THE UNITED CHURCH OF CHRIST

After reading Rob's post on the UCC (here) and Mark's followup (here), I thought I had better do some investigating.  I suspected that the matter was more complicated than one might have inferred from the posts.  A friend of mine is a UCC minister, a scripture scholar, and the best homilist I have ever heard.  He writes:

I'm going to fax a resolution passed at our recent UCC Southern Conference annual meeting:  "A Substitute Resolution: Jesus is Lord."  This one passed instead of another put forth by our fundamentalist group.  The latter did, in fact, have the tone that this doctrine is "required" of all church members, and, I think, was clearly intended to stir up a fight (as was another, calling for us to affirm that marriage is only between one man and one woman).  I didn't go to the meeting, but our delegates and all of us are thrilled that our resolutions passed, and the others did not (the marriage one was tabled for further discussion, and a study committee is to be appointed).

Here is the text of the resolution that passed:

A SUBSTITUTE RESOLUTION:
JESUS IS LORD

The Southern Conference of the United Church of Christ joins its voice with Christians throughout the ages to declare that Jesus Christ is Lord.

We recognize that this confession is both radical and counter-cultural.

In declaring that Jesus Christ, and Jesus Christ alone, is Lord, we confess that country, flag and patriotism are not Lord.

In declaring that Jesus Christ, and Jesus Christ alone, is Lord, we confess that capitalism, consumerism and the American way of life are not Lord.

In declaring that Jesus Christ, and Jesus Christ alone, is Lord, we confess that neither democracy nor any other form of government is our Lord, and that our freedom is bestowed not by the force of arms but by the grace and mercy of our Lord Jesus Christ.

In declaring that Jesus Christ, and Jesus Christ alone, is Lord, we confess that our sole loyalty is to Jesus and to him only; any principality or power but Jesus who seeks to lay claim to lour loyalty is little more than a vain idol.

It is by the grace of this Lord that we are called.  Through his strength and mercy we will seek to follow where he leads.

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Michael P.

Saturday, June 18, 2005

MORE ON RUSE ON THE EVOLUTION-CREATION DISPUTE

After posting, below, my message about Ruse's book, I noticed that Peter Steinfels has a piece in today's NYT about Ruse and his new book:

Eighty Years After Scopes, a Professor Reflects on Unabated Opposition to Evolutionists

In a little over three weeks, on July 10, it will be exactly 80 years since John Scopes went on trial, charged with teaching evolution as briefly set forth in "A Civic Biology Presented in Problems" by George W. Hunter.

Echoes of this notorious "monkey trial" continue to resound: A school board in Georgia tries to put stickers on biology textbooks advising that evolution is "a theory, not a fact." A Pennsylvania school district wants science teachers to inform students that "intelligent design" is an alternative to Darwinian theory, a notion gaining support in at least 20 states, with Kansas in the lead. These publicized disputes, furthermore, are only the tip of an iceberg of passive resistance, by many school boards and teachers who want to avoid controversy, to teaching evolution at all.

Opponents of such resistance can scarcely contain their exasperation. Why won't this conflict just go away? Why must the American Civil Liberties Union, which recruited Scopes so long ago to challenge Tennessee's anti-evolution statute, still be at it? How can it be that almost half the population rejects the idea that humans have evolved, and almost two-thirds want some form of creationism taught in public school science classes?

Michael Ruse has an answer. A professor of philosophy at Florida State University, he is, by his own account, "an ardent Darwinian," who testified for the A.C.L.U. in its successful challenge to a creationist law in Arkansas.

In "The Evolution-Creation Struggle" (Harvard, 2005), Professor Ruse takes a long look at why opponents of evolution feel so threatened and why evolutionists are so surprised and perplexed at the opposition.

"The full story," he writes, "is far more complex than any of us, including (especially) us evolutionists, have realized." In his view, evolutionary thought and the strand of Christianity that rallied to oppose it were two "rival religious responses" to an existing crisis of faith stemming from the rationalism of the Enlightenment and its 19th-century sequel.

Although Darwin's own work was a model of professional science, a great deal of evolutionary thought before and after him, in Professor Ruse's judgment, deserves to be termed evolutionism, a kind of secular religion built around an ideology of progress.

That ideology was not necessarily wrong, but it threw evolutionary theory into one of the two camps increasingly dividing Christians: the liberal postmillennialists, who believed that the building of Christ's rule on earth was already under way, and the conservative premillennialists, eagerly anticipating Christ's Second Coming.

Casting the evolution-creation struggle into the framework of the postmillennial-premillennial struggle does not always make for a tidy fit. But one point becomes indisputable. From the beginning, evolutionary theory has been drenched in religion. The aggressors in the warfare between theology and science were not just religious believers insisting that their ancient Scriptures were the basis of scientific truths but scientific enthusiasts insisting that evolutionary theory was the basis for conclusions about religion.

Many of the latter were of course what Professor Ruse calls proponents of evolutionism and pseudoscience. (The biology text at the center of the Scopes trial, along with useful advice about diet and regular bowel movements, reflected eugenics, then fashionable, in warning that allowing the birth of "parasites" like the mentally and physically handicapped would be "criminal.") But as Professor Ruse notes, as genuine science no less than as pseudoscience, "Darwinian evolutionary theory does impinge on religious thinking."

The challenge to literal readings of the creation stories in Genesis is the least of it. Other elements of Darwinism go right to the heart of any belief in a caring, almighty God.

The power of strictly natural interactions of random events and reproductive advantage over huge spans of time to explain the emergence of diverse and complex life forms appears to render the guiding role of such a God superfluous. The grim picture of those life forms, including humanity, emerging through a ruthlessly cruel process of natural competition appears to render such a God implausible.

The vigorous arguments made by Darwinians like Richard Dawkins and Daniel C. Dennett to the effect that contemporary evolutionary theory has buried all traditional religious beliefs may not be conclusive, but they cannot be dismissed, nor rebutted simply by the fact that some evolutionists continue to be believers.

Then there is the debate about the "methodological naturalism" that for purposes of scientific investigation restricts explanations to findings about material nature. Does "methodological naturalism" lead inexorably to a "metaphysical naturalism" holding that material nature is in fact the whole of reality?

Professor Ruse says no. But he acknowledges that the slippery slope is there. And "though many evolutionists may themselves be willing to make the slide," he writes, "they should not be surprised when others, seeing a slippery slope from methodological naturalism to metaphysical naturalism, stop themselves at the top of the hill."

In the end, Professor Ruse's new book suggests that the religious resistance to evolutionary theory is a lot more understandable and a lot less unreasonable than its opponents recognize. The neat formula "evolutionary biology is evolutionary biology, religion is religion, and the former belongs in public schools but the latter does not" cannot do justice to the fuzzy reality of the evolution-religion hybrid.

Professor Ruse does not offer an alternative formula or delve into the church-state questions raised by proposals to include creationist or intelligent-design ideas in school curriculums. He entertains hope that Christian and atheistic evolutionists can unite in defense of the "huge overlap" in their scientific positions and in their commitment to a "postmillennial philosophy" of human progress.

But his ultimate appeal is for greater modesty and self-awareness.

"Those of us who love science," he writes, "must do more than simply restate our positions or criticize the opposition. We must understand our own assumptions and, equally, find out why others have (often) legitimate concerns. This is not a plea for weak-kneed compromise but a more informed and self-aware approach to the issue."
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Michael P.

FUNDAMENTALISMS, SCIENTIFIC AS WELL AS RELIGIOUS

For those of you interested in the controversy over evolution, and who want to steer a course between religious fundamentalism (= ignorance) on the one side and scientific fundamentalism (= ignorance) on the other, this is the book to read:

Michael Ruse, The Evolution-Creation Struggle (Harvard University Press 2005).  Click here.

Ruse, a philosopher, is an agnostic who respects (non-fundamentalist) religious belief.
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Michael P.

Friday, June 17, 2005

WHAT IS "FAITH" ANYWAY?

Is the posting below, from Brian Leiter's blog, another example of the ignorant tendency to reduce all faith/religion to religious fundamentalism?  Is David Tracy a religious fundamentalist?  Bernard Lonergan?  Karl Rahner?  Surely Rudenstine could have chosen a more precise, informative label than "faith".

"Faith challenges the underpinnings of legal education."

So said Dean David Rudenstine of Cardozo Law School (which is part of a religious university, Yeshiva University).  Story here; an excerpt:

In a provocative address last week to some 200 undergraduate counselors from northeastern universities, the dean of the Benjamin N. Cardozo School of Law warned of a "collision course with democratic order and social unity" as politically outspoken religious leaders wield increasing influence over the nation's public policy.

Dean David Rudenstine, himself a political activist in the 1960s as an attorney for the American Civil Liberties Union and like-minded groups, further suggested that U.S. jurisprudence and legal education were "very much on the defensive," in part because strict secularism as a legal paradigm is seen by the faithful — including some at Christian law schools — as an insufficient context for policy issues such as abortion rights, homosexual marriage, stem-cell research and Darwin's theory of evolution.

Mr. Rudenstine said that America's law schools have a social responsibility, especially at a time of religious fundamentalism, to foster reasoned debate over the facts and science of such controversial matters. To shirk this role, he suggested, would be to leave the way clear for faith-based organizations to impose "divisive" views.

"Faith challenges the underpinnings of legal education," Mr. Rudenstine declared. "Faith is a willingness to accept belief in things for which we have no evidence, or which runs counter to evidence we have."

He added, "Faith does not tolerate opposing views, does not acknowledge inconvenient facts. Law schools stand in fundamental opposition to this."

I admire Dean Rudenstine's courage in speaking forthrightly on this subject.
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Michael P.

RELIGION IN POLITICS, AGAIN

The New York Times
June 17, 2005

Onward, Moderate Christian Soldiers

St. Louis

IT would be an oversimplification to say that America's culture wars are now between people of faith and nonbelievers. People of faith are not of one mind, whether on specific issues like stem cell research and government intervention in the case of Terri Schiavo, or the more general issue of how religion relates to politics. In recent years, conservative Christians have presented themselves as representing the one authentic Christian perspective on politics. With due respect for our conservative friends, equally devout Christians come to very different conclusions.

It is important for those of us who are sometimes called moderates to make the case that we, too, have strongly held Christian convictions, that we speak from the depths of our beliefs, and that our approach to politics is at least as faithful as that of those who are more conservative. Our difference concerns the extent to which government should, or even can, translate religious beliefs into the laws of the state.

People of faith have the right, and perhaps the obligation, to bring their values to bear in politics. Many conservative Christians approach politics with a certainty that they know God's truth, and that they can advance the kingdom of God through governmental action. So they have developed a political agenda that they believe advances God's kingdom, one that includes efforts to "put God back" into the public square and to pass a constitutional amendment intended to protect marriage from the perceived threat of homosexuality.

Moderate Christians are less certain about when and how our beliefs can be translated into statutory form, not because of a lack of faith in God but because of a healthy acknowledgement of the limitations of human beings. Like conservative Christians, we attend church, read the Bible and say our prayers.

But for us, the only absolute standard of behavior is the commandment to love our neighbors as ourselves. Repeatedly in the Gospels, we find that the Love Commandment takes precedence when it conflicts with laws. We struggle to follow that commandment as we face the realities of everyday living, and we do not agree that our responsibility to live as Christians can be codified by legislators.

When, on television, we see a person in a persistent vegetative state, one who will never recover, we believe that allowing the natural and merciful end to her ordeal is more loving than imposing government power to keep her hooked up to a feeding tube.

When we see an opportunity to save our neighbors' lives through stem cell research, we believe that it is our duty to pursue that research, and to oppose legislation that would impede us from doing so.

We think that efforts to haul references of God into the public square, into schools and courthouses, are far more apt to divide Americans than to advance faith.

Following a Lord who reached out in compassion to all human beings, we oppose amending the Constitution in a way that would humiliate homosexuals.

For us, living the Love Commandment may be at odds with efforts to encapsulate Christianity in a political agenda. We strongly support the separation of church and state, both because that principle is essential to holding together a diverse country, and because the policies of the state always fall short of the demands of faith. Aware that even our most passionate ventures into politics are efforts to carry the treasure of religion in the earthen vessel of government, we proceed in a spirit of humility lacking in our conservative colleagues.

In the decade since I left the Senate, American politics has been characterized by two phenomena: the increased activism of the Christian right, especially in the Republican Party, and the collapse of bipartisan collegiality. I do not think it is a stretch to suggest a relationship between the two. To assert that I am on God's side and you are not, that I know God's will and you do not, and that I will use the power of government to advance my understanding of God's kingdom is certain to produce hostility.

By contrast, moderate Christians see ourselves, literally, as moderators. Far from claiming to possess God's truth, we claim only to be imperfect seekers of the truth. We reject the notion that religion should present a series of wedge issues useful at election time for energizing a political base. We believe it is God's work to practice humility, to wear tolerance on our sleeves, to reach out to those with whom we disagree, and to overcome the meanness we see in today's politics.

For us, religion should be inclusive, and it should seek to bridge the differences that separate people. We do not exclude from worship those whose opinions differ from ours. Following a Lord who sat at the table with tax collectors and sinners, we welcome to the Lord's table all who would come. Following a Lord who cited love of God and love of neighbor as encompassing all the commandments, we reject a political agenda that displaces that love. Christians who hold these convictions ought to add their clear voice of moderation to the debate on religion in politics.

John C. Danforth is an Episcopal minister and former Republican senator from Missouri.
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Michael P.

Thursday, June 16, 2005

IN RE TERRI SCHIAVO

Steve Bainbridge's posting, earlier today, came to mind when I read the following posting, by philosopher David Velleman, on Left2Right:

post mortem on the autopsy

Wednesday, June 15, 2005

Slacken the Reins of the CDF

So says The Tablet in an editorial in the issue dated June 11, 2005.  Read on:

The new head of the Congregation of the Doctrine of the Faith said in his first major statement concerning his new job that he saw it as “helping the Church see how beautiful and wonderful God’s love is”. If that becomes the tone with which the CDF approaches its work in future then Pope Benedict XVI’s appointment of Archbishop William J. Levada, who is standing down as Archbishop of San Francisco, will look truly inspired. The Pope himself, whom Archbishop Levada succeeds in this position, used to emphasise the CDF’s disciplinary rather than its evangelistic role, though he would not deny that one served the other. It is possible that any new Prefect’s best intentions do not long survive contact with the reality of the CDF’s brief, which inevitably includes the distasteful business of disciplining clergy who have gone astray.

The Pope has chosen someone with a background interestingly different from his own, chief pastor of one of the world’s most free-thinking (and free-living and -loving) cities. As an American, furthermore, he should have an instinctive feel for natural justice and due process, and no doubt an awareness that one of the major criticisms of the CDF is its perceived deficiency in that area. Theologians regularly emerge from contact with it both enraged and hurt by the way they were treated, with a profound sense of unfairness. In the literal sense, that causes scandal, for it weakens the value of the Church’s witness to justice elsewhere. The CDF’s mistake has been to understand itself as dealing only with a theologian’s opinions and hence not with the theologian as a person with rights. But for opinions read convictions, and to put someone’s convictions on trial comes very close to putting the individual on trial. That is certainly how it feels to the accused.

The CDF would silence many of its critics if it learnt to slacken the reins, and not to regard every new or unusual theological idea as automatically suspect – or “relativistic”, to use the term becoming fashionable under the new pontificate. Dialogue with the modern world cannot be conducted without risk, but the Holy Spirit is at work among the faithful and does not need a bodyguard. Catholic orthodoxy has a robust buoyancy of its own. Unconventional opinions are rarely as dangerous as those in authority seem to fear, and today’s new thinking frequently becomes tomorrow’s orthodoxy.

The challenge facing the CDF is to foster a climate in which the freedom of theological debate is respected and valued and those who put forward bad arguments are contradicted by good ones, not ordered to retract on pain of penalties. That means building up the vocation of theologian, and regarding theological speculation as a worthwhile exercise for the good of the Church, even when it asks searching questions of the Magisterium.

Every time a theologian is investigated by the CDF that climate of free exchange is diminished, and even those not accused or suspected are bound to feel the chill. The head of the CDF ought to be regarded as the theological community’s best friend in high places; and friendship does not preclude a frank word of caution where it is deserved.
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Michael P.