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.

Saturday, February 26, 2005

"Catholic" Politicians? Not too impressive!


COMMONWEAL
February 25, 2005

Catholic Politicians
FOR GOD OR COUNTRY?

J. Peter Nixon

[For the complete article, which I recommend, click here.  Excerpts follow.]

...

Given that the Catechism of the Catholic Church condemns torture as “contrary to respect for the person and for human dignity,” one might have thought that the Gonzales nomination would have provided Catholics who supported Bush with an opportunity to show their commitment to values that transcend partisan loyalties. If opposition to torture as an instrument of national policy is not a “nonnegotiable” Catholic teaching, it is fair to ask what is. Given the president’s solicitude for the Catholic vote, one wonders what would have happened if Catholics who had supported him had come together to oppose the Gonzales nomination.

But many prominent Catholics apparently had no problem throwing their support behind Gonzales. Senator Sam Brownback (R-Kans.), a favorite of Catholic conservatives and a possible 2008 presidential contender, asked no questions about torture during Gonzales’s nomination hearing. Senator Rick Santorum (R-Pa.) voted to confirm Gonzales without expressing a word of concern about his record. Catholic supporters of the war in Iraq, such as Rev. Richard John Neuhaus and George Weigel, were oddly silent about the Gonzales nomination, despite the demonstrable damage that the torture scandals have done to the foreign-policy goals they champion.
...

Catholic Democrats inclined to rejoice in this line of analysis should be wary of casting the first stone, as they are often no more willing than their Republican counterparts to challenge their own party on issues close to the core of Catholic social teaching. The list of Catholic Democrats with national ambitions who abandoned earlier prolife views is long: Ted Kennedy (D-Mass.), Mario Cuomo, Dick Gephardt, Tom Daschle, Dennis Kucinich (D-Ohio). Many of these Democrats have long resorted to boilerplate statements that they are “personally opposed” to abortion. But when they trumpet their prochoice voting records, raise millions from the abortion lobby, declare that Roe v. Wade is “sacred ground,” and oppose even the most minimal protections for the unborn, it is hard not to see their personal opposition as essentially meaningless. Last November’s elections do seem to have initiated a conversation among Democrats about their rigid adherence to abortion rights (see William J. Byron’s “Prolife and Prochoice,” February 11, 2005), but it remains to be seen whether this conversation will lead to anything more than rhetorical repositioning.
...

[Again, for the whole article, click here.]

Monday, February 21, 2005

Developments in the Law--Same-Sex Unions

Today's newspapers are reporting that the United Kingdom is about to register gay and lesbian partnerships under a new Civil Partnerships Act.  Moreover, the Associated Press reports:

Britain's navy, which until five years ago banned gays from its workforce, said Monday it is joining a campaign to ensure homosexual employees are fairly treated.

The military also announced gay servicemen and women will be able to live in married quarters with their partners starting later this year.

The Royal Navy said it was entering a program organized by gay rights group Stonewall which advises employers on dealing with gay, lesbian and bisexual staff.

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The government lifted a ban on gays serving in Britain's armed forces in 2000 after a lengthy campaign spearheaded by Stonewall. The Ministry of Defense had said lifting the ban would undermine morale and fighting capability, but the European Court of Human Rights ruled in 1999 that the restriction was a violation of human rights.

``The armed forces regard sexual orientation as a private matter,'' a Defense Ministry spokesman said Monday. The Royal Navy's decision to join the Stonewall Diversity Champions program was ``part of our equal opportunities and diversity policy anyway,'' he added.

During the first year of the program, seminars, pamphlets and specific advice will be on offer for servicemen, Stonewall said.

Lt. Cmdr. Craig Jones, who has served with the Royal Navy for 16 years but has only been openly gay for the last five, described the move as ``superbly positive.''

Navy spokesman Anton Hanney said gay and lesbian couples would be able to live together as long as their relationship was registered under the new Civil Partnerships Act. The Ministry of Defense said the move applied to the army and air force as well as the navy.

Civil partnership legislation, which gives gay couples some of the same legal rights as married heterosexuals, has been passed by Parliament and is expected to take effect later this year.

``We will be complying with the law. We are obliged to give equal treatment to gay and lesbian partnerships under these terms,'' Hanney said.

All this is to the good, in my judgment.  Why?  Some of the discussion in chapter 4 (pp. 55-80) of my book Under God?  Religious Faith and Liberal Democracy (2003) is relevant.

Human Cloning at the United Nations

From this morning's online Chronicle of Higher Education:

*  IN A SHARPLY DIVIDED VOTE, a United Nations committee passed
   a nonbinding declaration on Friday prohibiting all types of
   human cloning that are incompatible with "human dignity" and
   the protection of "human life." The United States praised the
   measure, but other nations criticized it for failing to
   distinguish between types of cloning.

For the UN Press Release, with all the details, click here.

Monday, February 7, 2005

Faith-Based Torture?


Published on Monday, February 7, 2005 by Agence France Presse

CIA 'Outsourcing Torture'

WASHINGTON - The Central Intelligence Agency's "rendition" of suspected terrorists has spiralled "out of control" according to a former FBI agent cited in a report by The New Yorker magazine, which examined how CIA detainees are spirited to states suspected of using torture. The CIA uses the word "rendition" to mean the transport of suspected terrorists to other countries for interrogation.

Michael Scheuer a former CIA agent, said "all we've done is create a nightmare," with regard to the top secret practice.

In a forthcoming article titled "Outsourcing Torture" the magazine claims suspects, sometimes picked up by the CIA, are often flown to Egypt, Morocco, Syria and Jordan, "each of which is known to use torture in interrogations".

Despite US laws that ban America from expelling or extraditing individuals to countries where torture occurs, Scott Horton - an expert on international law who has examined CIA renditions - estimates that 150 people have been picked up in the CIA net since 2001.

The New Yorker report reveals that suspects in Europe, Africa, Asia and the Middle East "have been abducted by hooded or masked American agents" and then sometimes forced onto a white Gulfstream V jet.

The jet "has been registered to a series of dummy American corporations ... (and) has clearance to land at US military bases," the report said. Its tailmark has recently been changed from the code N379P to N8068V.

According to one suspect, Maher Ayar, who was arrested in 2002 by US officials and then claims he was tortured in Syria before being released, crew onboard the Gulfstream identified themselves as "the Special Removal Unit" during radio communications.

"The most common destinations for rendered suspects are Egypt, Morocco, Syria and Jordan, all of which have been cited for human rights violations," the report said.

By holding detainees without counsel or charges of wrongdoing, the administration of US President George W Bush "has jeopardised its chances of convicting hundreds of suspected terrorists, or even of using them as witnesses in almost any court in the world," the report said.

The report cited Dan Coleman, an ex FBI counter-terrorism expert who retired in July 2003.

Coleman told The New Yorker that torture "has become bureaucratised," by the Bush administration, and that the practice of renditions is "out of control".

Scheuer said there had been a legal process underlying early renditions, but as more suspects were rounded up following the September 11, 2001, attacks, "all we've done is create a nightmare".

Abductees are effectively classified as "illegal enemy combatants," by the US government, which is how it also classifies the estimated 550 "war on terror" detainees held at Guantanamo Bay, Cuba.

Such a classification, the US argues, exempts such detainees from the protections of the Geneva Conventions, part of which govern the treatment of prisoners.

Monday, January 31, 2005

Club Evangelical

[The item below, from Martin Marty's "Sightings," deals with an issue with which some recent MOJ postings have dealt.  --mp]


Sightings 1/31/05

Club Evangelical
-- Martin E. Marty

James Madison, who had a thing or two to do with constitutional matters in the early republic, wanted a "line of separation" between "the rights of religion and the Civil authority."  At a recent workshop where I elaborated on that theme, a colleague persuaded me that my views on this line are "messy."  That's not a bad description for what I think the nation's Founders brought to the matter and what they left us with.  We did not have, do not have, and will not have "absolute separation," nor will we ever clearly and permanently "solve" issues along that line.  Fierce as one may be (and as I indeed am) about "non-establishment" of religion and other such issues, it is not realistic to think one can draw an "absolute" line.  A person wanting to do so would start tomorrow by legally ending tax exemption for religious properties and institutions.  Not a single member of Congress could get re-elected with that in her platform.

Sometimes cases reaching the U.S. Supreme Court achieve clear resolutions and definitions, but usually things are messy.  That calls to mind the newest messy-lined case, detailed best in Burton Bollag's recent story "Choosing Their Flock" in the Chronicle of Higher Education (January 28, 2005).  The article's subhead says that "conservative Christian groups have forced colleges to allow them to bar gay students and nonbelievers."  But now major institutions are fighting back.  It would be a good time to be a lawyer on either side, though this is the kind of battle for which the concept of "pro bono" was invented.  Voluntary associations of conservative Christian legal experts are on the front line.  Want to take them on?  Be prepared for rough-and-ready argument.  Prefer to side with the opposition?  You must not have met the informed and motivated legal and activist agents of pro-gay groups.

Barring gays and non- or other-believers clearly violates institutional rules and, almost as clearly, the laws behind them.  Those rules and laws prohibit discrimination on the grounds of race, religion, sex, disability, and other factors.  Exclusion on the basis of sexual orientation is barred on hundreds of campuses, especially public ones.  And since almost all private colleges also receive tax funds in one form or another, the same rules and laws apply there.  If the world were not messy, the schools and the law would simply draw a bold, clear, and unwavering line between "the rights of religion" and "the Civil authority," and here see the civil side winning.  Ah!  But then come profound religious reactions: What happens to "free exercise" if "we" are not permitted campus locations, acknowledgments, and sanctions?

You haven't seen anything yet.  Wait until the Muslim student causes get activated on this front.  There are, after all, many "out" evangelical gays and many more closeted ones, and there is room for debate -- indeed, there is debate -- on this issue among Christians.  But the Muslim rejection of homosexuality and homosexuals is absolute and vehement.  Will the campus laws support them?

The Chronicle story tells of some efforts by thoughtful leaders, for instance at Ohio State University, where conversations on this matter occur even when there is no basis for agreement.  They are trying to remain civil and humane across the messy line.

Do not envy the judges who have to decide this issue as it makes its way up, as it surely will, to the U.S. Supreme Court, which stands very little chance of getting a "civil" and "humane" response from publics, whichever way it rules.



Sightings comes from the Martin Marty Center at the University of Chicago Divinity School.

Catholic Social Justice on the Radio

I just learned about a new radio program, PROVOKE, which is archived and available on the web.  The host--Stephen Spahn, SJ--is a Jesuit priest and currently serves as associate pastor to the parish of The Holy Trinity Catholic Church in Washington, DC.  I lifted the following information from the website.  To go to the website, click here.

--mp

About The Show

     We thought, “wouldn't it be great if there was a program that  discussed critical social issues not merely from a pundit's perspective, but from a religious perspective?”  Yes, religion--that part of us we aren't always comfortable talking about, yet admit to its crucial importance in our lives.  So, we created Provoke radio - intended not only as a forum for reflection, but reflection from the vantage of faith. As you listen to Provoke and visit the website, we invite you to do so from the distinct perspective of your own religious tradition.  We'll illustrate how the principles we all embrace--principles found in every religion and culture--can be lived out in every day life.  Principles as basic as the Golden Rule, compassion, equality, justice, and a conviction that each individual person has inherent, God-given dignity.  Standing on this common ground, we then thought, “Wouldn't it be great if we not only engage people in an exploration of real issues, but offer practical ways to get involved?  Wouldn't it be great if we provoke people not merely to thought and reflection…but to action?”  To that end, at the close of every show, we mention area programs --faith-based and secular, advocacy and outreach--which are in need of volunteers and support.  In addition, you can consult our website database for a more thorough list of such organizations.            

About The Host

     Father Stephen Spahn, SJ, is a Jesuit priest and currently serves as associate pastor to the parish of The Holy Trinity Catholic Church in Washington, DC. Father Spahn received his Certificat d'Etudes Politiques from the Institut d'Etudes Politiques in Paris, France; B.S. and M.S. degrees in International Politics and Foreign Policy Studies from Georgetown University School of Foreign Service, Washington DC; his M.A. in Philosophy from Fordham University, New York; and his Masters of Divinity and Theology from Weston Jesuit School of Theology in Cambridge, Massachusetts.  He recently taught philosophy and political science at Loyola College in Baltimore. His time at Loyola involved work in their Center for Values and Service where he came to know and understand the complicated problems of the Baltimore community.  In addition, Fr. Spahn has done case studies of the U.S. foreign policy in the Sudan and has traveled to and worked in Mexico, Haiti, and China among others.  Father Spahn serves as the host for Provoke in between all his other ministries!                  

About The Database

     Provokes’s database is meant as a guide to anyone looking for different ways to get involved in social justice, charity, and other worthwhile causes in the Baltimore/Washington DC area.  While lengthy and diverse, it is by no means meant to be completely comprehensive.  But if you have been provoked to action by our program, this database is a good place to start!

Provoke Radio is brought to you by Radio Mass of Baltimore,  www.st-ignatius.net

Monday, January 17, 2005

About Church Teaching

The passage Michael S. reproduces in his post today (immediately below) troubles me.  Why?  Let me answer with the following two quotes:

The two types of authority that concern us here (authority to govern and authority to teach) are, of course, distinct and can be discussed separately.  In the Roman Catholic Church, however, we find that they are often intermingled, and sometimes even confused with each other.  Over the centuries governing power has often been used (and misused) to bolster teaching authority.  Such an approach can easily amount to little more than "we are right because we are in charge" or "we give orders, not explanations."   --Bernard Hoose, "Authority in the Church," 63 Theological Studies 107 (2002).

Some Catholics concede that the church admits of the principle of doctrinal development, but they accuse [John] Noonan, in Richard John Neuhaus's words, of too often equating development with "a change, even a reversal, of doctrine."  At a recent meeting of the Catholic Common Ground initiative, Noonan and theologian Avery Dulles had a polite, but sharp, exchange on the subject, with Noonan again insisting that "the record is replete with mistakes--the faithful just can't accept everything that comes from Rome as though God had authorized it."  --John T. McGreevy, "A Case of Doctrinal Development:  John T. Noonan -- Jurist, Historian, Author, Sage," Commonweal, Nov. 12, 2000, at 12, 17.

Michael P.

Sunday, January 16, 2005

Precious cargo? Or uterine contents?

Click here to see a Consumer Reports web page on which an infant in a car seat is referred to as "precious cargo".

Click here to see a Consumer Reports web page on which a baby in the womb is referred to as "uterine contents".

A question for the editors of Consumer Reports (or for anyone else who cares to answer):  At what point does "uterine contents" morph into "precious cargo"?

Michael P.

Thought this would be of interest ...


Church ends taboo on mercy killings

· Archbishop's aide signals new approach
· 'Compassionate case' for voluntary euthanasia

Jamie Doward, social affairs editor
Sunday January 16, 2005

Observer

The Church of England took a radical step towards backing 'mercy killing' of terminally ill patients last night after one of its leading authorities said that there was a 'strong compassionate case' for voluntary euthanasia.

Canon Professor Robin Gill, a chief adviser to Rowan Williams, the Archbishop of Canterbury, said people should not be prosecuted for helping dying relatives who are in pain end their lives. Last week Gill was sent by Williams to give evidence to a parliamentary committee investigating euthanasia.

Gill's stance marks a major shift by the Church of England and was welcomed by groups campaigning for a change in the law to allow for people to be helped to die under strictly limited circumstances.

'There is a very strong compassionate case for voluntary euthanasia,' Gill told The Observer . 'In certain cases, such as that which involved Diane Pretty [the woman who was terminally ill with motor neurone disease and who campaigned for the right to be helped to die], there is an overwhelming case for it.'

His claims were last night seized on by pro-euthanasia groups as evidence that the archbishop is prepared to engage in a debate on an issue that has long divided the clergy.

They described Williams's decision to send Gill to give evidence to the committee hearing Lord Joffe's private member's bill on assisted dying for the terminally ill as 'highly significant' and suggested that it represented a softening of the Church's attitude to mercy killings.

'The archbishop's choice of Gill represents a willingness to enter into a more constructive dialogue than before about this important issue. We hope it will encourage other members of the clergy to speak out openly in support,' said Deborah Annetts, chief executive of the Voluntary Euthanasia Society.

Gill's comments come after Brian Blackburn, a retired policeman who killed his terminally ill wife in a suicide pact, walked free from the Old Bailey last Friday with a nine-month suspended sentence.

[To continue reading this piece, click here.]

Michael P.

Friday, January 14, 2005

Christian Ethicists Advocate Just Peacemaking as Corollary to Just War


[From PBS's Religion & Ethics Newsweekly]

Just War and Just Peace
January 14, 2005   Episode no. 820
http://www.pbs.org/wnet/religionandethics/week820/exclusive.html

Christian Ethicists Advocate Just Peacemaking as Corollary to Just War

by Alexandra Alter

Almost two years have passed since the start of the Iraq war, but war, peace, and nation-building still dominated the debate among Christian ethicists at their annual meeting this January.

In a significant shift, many scholars endorsed taking a proactive approach to peacemaking rather than merely shunning war.

At their 2003 meeting, two months prior to the U.S. invasion of Iraq, most ethicists criticized the impending conflict either by arguing that a preemptive invasion did not meet standards of Christian "just war" theory or by advocating pacifism. At their 46th annual gathering last weekend in Miami, some members of the Society of Christian Ethics proposed what they say is a powerful third alternative: the application of "just peacemaking theory" as a method of defusing current conflicts and preventing future wars.

[To continue reading this piece, click here.]

Michael P.