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.

Tuesday, November 10, 2009

A Victory (for the Moment) for Pro-Life Democrats

In recent years, at academic conferences, in faith-based circles, and on blogs such as this one, the question frequently has been posed whether political activists and politicians committed to the sanctity of human life can survive and play any meaningful role in the Democratic Party, given the national party’s commitments to an unlimited abortion license and even to government sponsorship and funding of abortions.  As some of our readers know, I have been among the skeptics.

A positive answer was delivered this past Saturday.  Pro-life Democratic Representative Bar Stupak of Michigan, supported by some 40 other pro-life Democrats, were willing to stand up against both party leaders in the House and President Obama and refuse to lend their support to the party’s highest priority legislation, the health care reform bill, without an amendment to prevent any use of government funding to promote elective abortions.  In sum, pro-life Democrats insisted upon a health care reform proposal that did not contradict the very premise of health by dealing death to unborn children.

By their courageous actions, these pro-life Democrats, joined by nearly all Republicans, forced Speaker Nancy Pelosi to allow a vote on an amendment to bar use of any government funds to finance abortions or to finance insurance that provides for abortions.  Sixty-four Democrats joined 176 Republicans in passing the amendment (link).  This is obviously is a major victory for Pro-Life Democrats (although of course it was a victory that depended upon the support of Republicans, who were virtually unanimous in their legislative witness for unborn human life).  For more on the story of Representative Supak standing up to Speaker Pelosi, see William McGurn’s Wall Street Journal column.

Sadly, the battle is not yet over for a health care reform bill that does not destroy the health of the unborn.  Democratic leaders in the Senate are expected to block full protection for the unborn in the Senate bill (link and link).  The House Democratic leadership that permitted a vote on the Stupak Amendment already is cynically planning to strip it out of the legislation in the eventual and secretive conference committee to reconcile the House and Senate versions of health care reform (assuming the Senate is able to pass any bill) (link).

Not surprisingly by this point, President Obama too has expressed his opposition to the Stupak Amendment, offering the disingenuous argument that government subsidies for private insurance that provide for elective abortions are not the equivalent of government funding of abortions (link).  Adding one more item to the growing list of pro-abortion actions by this Administration, the overtures of the Obama campaign last year to Catholics and pro-life Americans have long since been exposed as convenient and empty rhetoric.

Thus, Pro-Life Democrats in the House will have to make clear that their support of the final bill continues to be contingent on health care reform that does not destroy the health of the unborn.  (As an interesting side note, and supplement to Michael Perry’s posting about the sole Republican supporter for the bill in the House having been a former Jesuit seminarian, Republican Representative Joseph Cao of Louisiana has said that the Stupak Amendment made it possible for him to support the bill. (link))

As a sad reminder of where most Democrats stand on this matter, Democratic Representative Lynn Woolsey of California responded to the success of the Stupak Amendment by calling for the Internal Revenue Service to investigate the support of the Catholic bishops for this legislative protection of human rights for the unborn.  On behalf of the bishops’ conference, Kathy Saile responded:  We are very grateful for the courage of the Pro-Life Dems who helped lead this effort.  The most important thing is that the House passed a health care bill and that it included the Stupak amendment.   This was a true grassroots effort. There were too many people involved to try to list them all.  The USCCB met with whomever would meet with us and listen to our concerns.”

For now, we can congratulate Pro-Life Democrats in the House, thank God for their witness, and pray for their perseverance as the legislative battle continues.

Greg Sisk

Monday, September 14, 2009

More on the Sovereignty Symposium at Villanova

Over the weekend, Patrick Brennan provided a synopsis of the very interesting and diverse presentations offered at the “Sovereignty” symposium on Friday hosted at Villanova Law School.  Before adding my “two or three cents worth,” as Patrick invited me to do, I want to publicly thank Patrick; his colleague, Ann Juliano; Dean Doris Brogan; and the Villanova Law Review editors for their hospitality, as well as Norman and Maryellen Shachoy, whose generosity made the program possible.  I also want to single out Nicole Garafano, the events coordinator, who made everything come together so well in a brand new building and on a day in which the skies opened and threatened to put a damper on everything.  If anyone has a chance to participate in, or attend, a symposium at Villanova, they truly have figured out how to make everyone feel welcome and every need anticipated.

Regarding Patrick’s response to my own presentation at the symposium, Patrick once wrote that he was speaking “not so much against sovereign immunity, as against sovereignty.”  At Villanova on Friday, I was speaking “not so much in favor of sovereignty, as in favor of sovereign immunity.”  My basic proposition can be summed up in these words from my presentation:  “When the decisions of the political community are challenged by individuals who dissent on political grounds or regard themselves as personally aggrieved, an entity must be recognized that is capable of speaking for the whole and resisting the reach of unelected judges tempted to question the wisdom of those decisions made through democratic governance.  By necessity, that entity is the government and the nature of that resistance is sovereign immunity.”

During the panel discussion at the Villanova symposium, I suggested that the question of federal sovereign immunity comes down to “who do you trust:  the courts or the Congress.”  The late administrative law scholar Kenneth Culp Davis inveighed against sovereign immunity, arguing that the courts would prudently refrain from invading the province of policy judgments and democratic governance through such doctrines as standing, the political question doctrine, etc.  By contrast, Dean Harold Krent of Chicago-Kent suggests that in determining how to balance individ­ual rights and remedies against preservation of democratic rule, “we trust Congress, unlike any other entity, to set the rules of the game.”  I line up with Krent rather than Davis on this point.  Indeed, as some evidence that the courts cannot be trusted to honor the legal line and not cross into the political, I cannot help but note that those who argue most strenuously against sovereign immunity also tend to be those arguing for broader standing rules, a weaker political question doctrine, and softening qualified immunity defenses.  Thus, such rules and traditions of judicial restraint, which Davis assured us would be sufficient to ward judges away from political controversies, prove to be quite permeable in the hands of those who question sovereign immunity.

Importantly, as I’ve written recently (here) and echo in the second part of what will be my Villanova symposium paper, I espouse sovereign immunity only as a starting point.  Sovereign immunity should be understood as a clear point of departure for Congress to develop a refined policy and practice of government liability in court to private complainants.  And when the federal government has been made amenable to litigation by the democratically-elected Congress, the courts should not reconstruct a broader immunity through a jaundiced and hostile interpretation of the statute.  If a statutory waiver of federal sovereign immunity is construed too strictly and narrowly, so that every statutory term is slanted against the claimant, the legislative promise of meaningful judicial relief may be frustrated.

Finally, I strongly second Patrick’s observation that Catholic law schools, through symposia, can contribute something meaningful and meaningfully different to the legal scholarly discourse.  Friday's Villanova symposium on “Sovereignty” well exemplifies this.  At this symposium, elements of Catholic intellectual thought and the possibility of a natural law jurisprudence became part of the warp and woof of the analysis, almost seamlessly becoming part of the fabric of discussion that attracted the attention of the participants and the questioners.

Greg Sisk


Tuesday, September 1, 2009

Sexual Morality and Church Teaching Cont'd

Denise Hunnell, a Mirror of Justice reader who also hosts the "Catholic Mom" blog, has been following this thread and offers some thoughts on her blog.  You can read the full post here, and herewith is an excerpt of her argument that a departure from sexual morality in one dimension starts us down the "slippery slope":

"Following the lead of the Episcopalians, the Evangelical Lutheran Church in America recently voted to allow their clergy to be in 'committed, lifelong, same-gender relationships.' This did not sit well with Reverend Debra Haffner, an ordained Unitarian Universalist minister. She objects to the requirement for the relationships to be committed and life-long:

* * * I've long believed that the major sexuality problem denominations face is that they are unable to acknowledge that celibacy until marriage doesn't apply to most single adults. There are more than 75 million American adults who are single -- more than at any time in history. We are marrying later, divorcing at high levels, and living longer, so more of us will be widowed. And as a whole, we're having sexual relationships when we aren't in marriages.

As Director of the Religious Institute on Sexual Morality, Justice, and Healing, Reverend Haffner thinks celibacy and chastity are overrated:

The Religious Institute has long called for a new sexual ethic to replace the traditional "celibacy until marriage, chastity after." This new ethic is free of double standards based on sexual orientation, sex, gender or marital status. It calls for sexual relationships to be consensual, non-exploitative, honest, pleasurable and protected, whether inside or outside of a covenanted relationship. It insists that intimate relationships be grounded in communication and shared values.

Denise Hunnell then notes, with well-justified alarm, that a number of Catholic clergy have endorsed this document.  Are we already sliding down that "slippery slope"?

Greg Sisk


Monday, August 31, 2009

A Different Kind of Liberal

Earlier this month, John Breen noted that the New York Times in its obituary for Eunice Kennedy Shriver, as well as the Washington Post obituary linked by Rick Garnett (here), had conspicuously neglected even to mention that she had been "forthright and courageous in maintaining that one could be true to the fundamental values of the Democratic Party and a principled opponent of abortion."

By way of an editorial column today, the New York Times partially attones for that omission.  Michael Perry, who does not have access to posting at the Mirror of Justice at the moment, passes along the following column
by Ross Douthat, contrasting the two eldest Kennedys of their generation on protection of unborn human life.  With the full column available by this link, herewith a couple of excerpts:

"Liberalism’s most important legislator probably merited a more extended send-off than his sister. But there’s a sense in which his life’s work and Eunice’s deserve to be remembered together — for what their legacies had in common, and for what ultimately separated them.

What the siblings shared — in addition to the grace, rare among Kennedys, of a ripe old age and a peaceful death — was a passionate liberalism and an abiding Roman Catholic faith. These two commitments were intertwined: Ted Kennedy’s tireless efforts on issues like health care, education and immigration were explicitly rooted in Catholic social teaching, and so was his sister’s lifelong labor on behalf of the physically and mentally impaired.

What separated them was abortion.

Along with her husband, Sargent Shriver, Eunice belonged to America’s dwindling population of outspoken pro-life liberals. Like her church, she saw a continuity, rather than a contradiction, between championing the poor, the marginalized and the oppressed and protecting unborn human life.

* * *

It’s worth pondering how the politics of abortion might have been different had Ted shared even some of his sister’s qualms about the practice. One could imagine a world in which America’s leading liberal Catholic had found a way to make liberalism less absolutist on the issue, and a world where a man who became famous for reaching across the aisle had reached across, even occasionally, in search of compromise on the country’s most divisive issue.

That was not to be. And it’s entirely fitting, given his record, that Kennedy’s immediate legacy is a draft of health-care legislation that pursues an eminently Catholic goal — expanding access to medical care — through a system that seems likely, in its present design, to subsidize abortion.

But his sister would have written it a different way."

Saturday, August 29, 2009

Discussing Kennedy and His Legacy

I am truly sorry that Steve Shiffrin finds a discussion of Senator Kennedy's legacy -- including noting lost opportunities -- to be insensitive.  But I do think his description of the two postings here on Mirrror of Justice as "cold-blooded" is unfair.  Those posts, as well as the articles linked in them, can be found here and here, for readers to determine for themselves whether we and others, on the Mirror of Justice and elsewhere, have been "cold-blooded."  In particular, I submit that Rev. Sirico's reflection addressed both the man and his public legacy in a thoughtful, prayerful, and conscientious manner.

When a major public figure passes, an assessment of their public life, the choices they made, the actions taken, and how they made things better or worse for culture and society is not only appropriate but expected, with proper sensitivity of course.  When Richard John Neuhaus died near the beginning of this year and when Pope John Paul II died four years ago, both general commentators and Catholic thinkers immediately began discussing and assessing their theology, Catholic leadership, and public actions from all angles and perspectives.

In the case of Rev. Neuhaus and Pope John Paul II, that public assessment was hardly delayed until after their funerals.  And in the case of Senator Kennedy, many have seized the moment of his death to try to advance political agendas, most notably the stalled health care legislation, in his name.  Nonetheless, I will say that, speaking for myself and in retrospect, Steve's suggestion to wait until that point would not have been too much to ask.

Greg Sisk

Thursday, August 27, 2009

Another Reader's Thoughts on Church Teaching, Christian Doctrine, and Sexual Morality

Another Mirror of Justice reader, active in Catholic Church work, responds on this thread and in particular response to my post, which I had concluded by asking:  "Might the surgery necessary to excise moral teaching on sexual relationships from the rest of the body of Christian tradition prove to be so radical that the patient cannot survive?"

Here are this reader's thoughts:

"I have been following the exchange on the Mirror of Justice blog on homosexuality and church teaching and I think your analogy to a patient is most apt.

The physician may view a patient as a sum of the individual's parts, but from a personalist perspective, the patient is a whole person.

Isn't the wholeness even more so with church teaching?  Isn't a fundamental principle of the Catholic faith that Revelation, including the moral teaching, is a whole?

The fact that we, with our less than perfect reason, categorize, divide, and specialize various teachings does not mean that they are, in truth, divisible.

We may not be able to empirically show that excising one teaching unravels the rest.  However, as Catholics, don't we start with the understanding that severing one teaching damages the whole?  

It seems, therefore, the Catholic social scientist should always work with the understanding that the teaching is not divisible and seek to discover how removing one teaching has consequences.  The fact that it is not discoverable by us at this time and place does not mean that consequences do not exist and does not give us liberty to disregard a part of the church's teaching."

Monday, August 24, 2009

More on the Integration of Teaching on Sexual Morality and the Foundations of Orthodox Christian Faith

Susan Stabile responds to my earlier posting and argues that it indeed is possible for a religious organization or denomination to “pluck” the thread of traditional church teaching on the morality of same-sex sexual conduct without unraveling the rest of the garment of Christian doctrine.  I do hope that she’s right.  Because some mainline denominations in the United States are moving in that direction, and even recognizing that this represents a small minority of Christians in this country much less the world, I genuinely do hope that they will be able to fuse together a modern progressive view of sexuality with a traditional orthodox faith in Christ.

But I wonder where is the empirical basis for Susan’s optimism?  Has it not been true that the minority of political societies in the world that have recognized same-sex unions (something that, as a political matter, I myself am tempted to support in some manner) are also characterized by a persisting or increasing libertinism on matters of sexual behavior?  Has orthodox Christian faith increased in any such country (or has the opposite occurred)?  And what Christian group of any significance size and venerability has accepted a revision of traditional church teaching on sexual morality, thereby setting aside the complementarity of male and female as a guiding principle for sexual relationships, while still maintaining orthodox beliefs on the incarnation, death, and resurrection of Christ, on His Church, and on the Scriptures?  I don’t mean to be “snarky” here, but truly wonder whether such beliefs can be held side-by-side over time and with a critical mass of the faithful.

In response to my earlier post, Susan understandably resists what she reads as my “implying that one can’t question one issue without risking everything falling to pieces risks cutting off useful questioning and discussing of issues.”  But is this just “one issue”? Or does logic and experience indicate that there is something about this particular issue that presents a breaking-point?

Could it be that, in contrast with most other matters, traditional Christian teaching on sexual morality is so well-developed, so ontologically grounded in the traditional Christian understanding of what it means to be human and to be man and woman, and so anchored in Scripture that it cannot easily – or perhaps at all – be separated from the rest of the Deposit of Faith?  Yes, we’ve all seen the valiant efforts of some to reconstruct that tradition, to invent a new theology of the human body, or to explain away those scriptural passages.  But, if we are honest with ourselves, don’t such efforts always prove to be a little too clever, at least if presented as consistent with tradition rather than as a new reconstruction (and thus one that departs from orthodox theology)?

So here’s my question:  might it be that an assault on that dimension of the magisterial authority addressing sexual relationships is so revolutionary as to place the magisterial authority itself and generally at risk, so as to lead to an inevitable post-modern retreat from tradition and in the direction of further elevating individual experience and self-sovereignty above teaching, tradition, and Scripture?  (To be sure, some on and off this list might welcome such a diminution of magisterial authority and a movement away from orthodoxy and tradition.  But then they would simply be proving the point, that traditional Christian beliefs on the essence of the faith are difficult to reconcile with present-day liberal sexual mores.)

In sum, might the surgery necessary to excise moral teaching on sexual relationships from the rest of the body of Christian tradition prove to be so radical that the patient cannot survive?

Greg Sisk



Sunday, August 23, 2009

The ELCA, the Episcopal Church, and the Integration of Church Teaching on Sexual Morality With Christian Doctrine

You have the words of eternal life.  We have come to believe and are convinced that you are the Holy One of God.”  Peter’s response to Jesus in today’s Gospel reading (John 6:60-69) encapsulates the central teaching of our Catholic Christian faith.

As the Evangelical Lutheran Church in America recently voted to allow individual parishes to decide whether to call non-celibate homosexuals to the pulpit, Michael Perry asks “What does the ELCA get that, say, the magisterium doesn’t? Or vice versa?”

I'll leave it to others to more directly address the theology of the body that underlies the Magisterium’s teaching on sexual morality.  Instead, I wonder whether one possible answer lies in the Catholic Church's general integrity in proclaiming the Deposit of the Faith left by Christ  By “integrity” here, I mean not not so much soundness and candor (although those are vital as well) but a sense of cohesion and completeness.  When the Catholic Church teaches about morality, including a proper attitude toward the body and the gift of sexuality, that teaching cannot be divorced from the Church’s robust theology and understanding of Christ.

Might a departure from traditional Christian teaching on sexual morality set the stage for a broader dis-integration, not only of church structure and world-wide communion, but of basic Christian doctrine?  In this regard, the example of the Episcopal Church in the United States should be sobering.  Others have written widely about how the Episcopal Church has lost nearly half of its membership and now risks being separated from the larger Anglican communion, especially in Africa and Asia.  But I mean to emphasize something different here, the attendant dilution and adulteration of Christian doctrine.  As a former Episcopalian, I speak from personal experience about how something that was portrayed as but a single issue that could be discretely addressed instead proved to be the first step on an ever longer journey away from that Deposit of Faith.  It remains to be seen whether the ELCA will follow that same path.

In the general news media, and often for the typical Episcopalian in the pews, the great debate inside the Episcopal Church has been understood as a focused division about homosexuality among a group of fellow believers who otherwise stand largely in agreement on the basic theology and canons of the Episcopal Church.  That simply was not and is not the case.  Perhaps in theory, and certainly in the minds of some Episcopalians, a person could be orthodox in Christian faith generally and yet support recognition of committed same-sex unions.  But the active vanguard of the liberal movement in the Episcopal Church has hardly been limited to the matter of gay rights in its general desire to remake and redefine that denomination.

Within the Episcopal Church, those who took the leading role in challenging traditional church teaching on homosexuality tended to be quite liberal, even radical, in their thinking about moral questions and theology generally.  Leading gay priests have published books, not only advocating the full inclusion of gays in the church, but further insisting that monogamy was unrealistic and should not be expected of gays.  Indeed, monogamy in general gets little respect in the Episcopal Church today.  Divorced and remarried priests are common.  In fact, multiple divorces and remarriages, even for a bishop, are no bar to leadership in liberal Episcopal dioceses and parishes.  In effect, a form of serial polygamy enjoys growing tolerance in the Episcopal Church.  Having retreated from expectations of fidelity to monogamy among adults, the Episcopal Church not surprisingly has been in no a position to teach sexual morality to young people.  Instead, church leaders often trot out the “safe sex” canard that dominates non-religious discussions, largely defaulting to secularized approaches to the matter.

In addition, while there are exceptions, support for embracing same-sex sexuality has tended to go hand-in-hand with support for abortion.  Reversing traditional Episcopal positions on legal protection of unborn human life, the formal General Convention resolution in place today expresses “unequivocal opposition” to any executive, legislative, or judicial limitation on access to abortion.  The division in voting among the delegates on abortion and gay rights resolutions tend to be parallel.  The new Dean of the Episcopal Divinity School, a lesbian and leader in the gay rights movement, is also a board member of NARAL Pro-Choice and most notoriously has described “abortion as a blessing.”

Importantly, along with moral teaching, Christian theology is being subjected to ongoing post-modern revision inside the Episcopal Church (or at least those dioceses most aligned with the national church).  In liberal Episcopal venues, the death of Christ on the cross as a propitiation for our sins often is seen as an embarrassment to be quietly neglected or openly denigrated as retrograde.  Liberal Episcopal seminary teachers, priests, and bishops regard the resurrection of Christ as nothing more than a mythical message of hope, not as a factual description of an empty tomb.  The Nicene Creed is re-interpreted, so that its statements of the faith are watered-down into allegory and symbol, bearing little of their traditional meaning.

In liberal Episcopalian re-imaging, Jesus is left to molder in an abandoned grave, while Peter’s response to Jesus in today’s Gospel – that Jesus has “the words of eternal life” and is“the Holy One of God” – becomes unthinkable.  Even if Jesus was touched by holiness, he is demoted to one spiritual guru among many from many different religions and cultures, all of which are equally viable paths to God.  And with the most recent 2009 General Convention of the Episcopal Church, that liberal wing plainly is in the driver's seat.  No wonder that many fear the Episcopal Church could be moving into a Post-Christian Era.

Will the Evangelical Lutheran Church in America be able to avoid the same fate as the Episcopal Church, not only by averting a break-up of the denomination, but by resisting the disintegration of Christian teaching?  Is it possible to pluck out one thread from millennia of Christian teaching on sexual morality without starting to unravel the entire doctrinal garment?

Greg Sisk

Thursday, May 7, 2009

More on the Fleeting Nature of Life

Michael Scaperlanda’s sobering reminder of the fleeting nature of life was poignantly timely for me. I have been thinking along similar lines over the past couple of days. For me, this increased awareness of mortality began with a comedic error that prematurely announced my passing. But the episode has also unsettled me, forcing a pause in my daily routines and challenging my assumptions that there will always be another day.

Although I grew up in Wisconsin (until half-way through my junior year), I actually graduated from Beaverhead County High School in Dillon, Montana. Yesterday, I happened to send a greeting by email to an old friend from my Montana high school days with whom I hadn’t corresponded in a few years. To say that he was “shocked, shocked” to hear from me would be an understatement. To explain the source of his astonishment, he referred me to a classmates update booklet that had been distributed at the 30-year high school reunion held last summer in Dillon. (I had not been invited to the reunion – and now I guess I know why).

As you can see in the picture posted immediately below, the second page of the reunion booklet displays my old high school yearbook picture as part of a memorial to “Our Departed Classmates.” (And, yes, that is an accurate depiction of how I looked in high school in 1978 – in fact,I had cut my hair short for graduation picture day).

 

REUNION - MEMORY BOOK_Page_2

After confirming this was not a practical joke, I learned that the reunion committee had received a confidently-expressed report that I had passed away. Indeed, I was told that several stories circulated at the reunion about the cause of my death. I wish that those stories of my death had been about how I had dived into a raging river to save drowning children or how I had rushed into a burning building to rescue a trapped person. Instead, as I gather, the story with the most legs was that I had died several years ago after a massive asthma attack. Given that I’ve never had asthma and remain pretty healthy (although I sure could lose a few pounds), I have no idea where or how this tale originated.

At first, I saw only the humor in the affair. After all, it allowed me to dust off that classic Mark Twain gem: “The rumors of my death are greatly exaggerated.” The incident also prompted me to touch base with a few others from my Montana days. (And I’m pleased to say that they all were delighted to learn that I remained in the Land of the Living – or at least they were kind enough to say so.)

Later, however, I found myself feeling a little disturbed, even queasy about, this episode. It is more than passing strange to realize that, for almost a year, dozens of people have been thinking of me only in the past tense. And reading the reunion booklet was a little like reading one’s own obituary. (In addition to my portrait appearing on the memorial page, the booklet lists all classmates in alphabetical order with information about their jobs, families, and lives. The listing for me reads simply “DECEASED.”) It was all starting to become a little creepy.

As Michael well says, we should never forget the “fleeting nature” of our own lives and must come to terms with the fact that, in only a century, little trace is likely to remain of us. As a group of legal professionals and academics whose vocation is to work toward a better world and a stronger society, we are called to think about and plan for the future. But we should also remember to live for today, never missing the daily opportunities to care for the most importantthings in our lives, that is,the people around us. We were never promised an unlimited store of tomorrows. Even if it was premature in my case on this occasion, we all someday will be the subject of a picture on a memorial page or in an obituary.

Is it morbid to think along these lines? It certainly can be. And I am not suggesting that we dwell on our inevitable demise (although I could hardly avoid it these past couple of days). Instead, even as we rely upon the promise that death is not the end, we should we recall our mortality for the very purpose of making our days count and for strengthening our daily communion with those brought into our lives.

Greg Sisk

Thursday, March 5, 2009

A Parable About Politics, Political Relationships, and Moral Accountability

In the hope that my words might help to clarify the nature and dimensions of the dispute playing itself out on the Mirror of Justice, let me offer a parable about politics and political relationships that might help us understand why principled passions may flare and to think about how to define the appropriate boundaries of political positions and affiliations that all faithful Catholics might recognize.

There once were three professing Catholic candidates running for mayor of a city:

Candidate A campaigned on an anti-pornography platform, pledging to devote her tenure as mayor to ridding the city of adult book and video stores.

The other two candidates both stated that they were firmly opposed to censorship on freedom of speech grounds and thus would not use the power of city government to close adult establishments.

Candidate B insisted that he was personally offended by pornography and fully accepted Church teaching on the harms of pornography, but explained that he had concluded that direct censorship was too dangerous for a free society.

Candidate C, while occasionally saying that he too was offended by pornography, was nonetheless willing to speak at the adult film convention, knowingly accepted campaign contributions from the pornography industry, hosted a reception for a well-known pornographer, and opposed even limited regulations on pornography (such as those designed to protect children against inadvertent access to adult material).

Faithful Catholics in that city were divided on how to respond to two of the candidates.

Some argued that the only justifiable position for Catholics was to adamantly resist the evil of pornography. They contended that a good Catholic should, even perhaps must, support Candidate A.

Other Catholics reasoned that, while they may be troubled by Candidate B’s unwillingness to take on the scourge of pornography, his position on other important issues facing the community made him a preferable choice to Candidate A.

A few Catholics even believed that, unlike other evils posing such grave harm as abortion or racism, Church teaching did not demand a single legal answer to every question about pornography. These Catholics concluded that Candidate B’s position was not only tolerable, was not only outweighed by his commendable views on other important issues, but was acceptable on its own merits. (As full disclosure here, I myself have been something of a free speech absolutist in the past, falling into what would be Candidate B’s camp on this issue. Although more troubled about aspects of that position today, I have not yet thought through any change to my longstanding position.)

But Catholics in that city were not without common ground. Everyone agreed that Candidate C was unacceptable. Candidate C’s conduct in knowingly affiliating with purveyors of pornography was shocking and outrageous. By embracing the pornography industry through speaking engagements, campaign contributions, and personal contacts, as well as taking extreme positions on the pornography question, Candidate C had moved beyond the pale and could no longer make any legitimate claim on the support of Catholics concerned for the common good of that society. Surely, all could agree, a professing Catholic who was not merely reluctant to use the force of law to control the dehumanizing and obscene depictions of pornography, but who actually embraced those engaged in production of that filth had thereby disqualified himself from public office.

Now I hasten to acknowledge that the Catholic supporters of Governor Sibelius’s nomination to be Secretary of Health and Human Services would insist that her political conduct and affiliations with respect to the subject of abortion (and abortionists) are not factually parallel to and thus are not captured by the parable I have told. But that should be the crux of the debate, then, shouldn’t it?

Has Governor Sibelius lent her voice as a speaker at abortion industry events? Has she knowingly accepted (and even solicited) campaign funds, not merely from pro-choice political groups, but from abortionists or abortion industry funds? Is she fairly and morally held accountable for the hosting of a reception, together with apparently jovial photo sessions, for a man who is the most notorious late-term abortionist (nothing short of infanticide) in the nation?

If we were able to come to a point of agreement on what the facts are (and perhaps we cannot), wouldn’t we have to come to common point of evaluation of the moral significance of those facts? And, if not, then what remains of the Catholic witness for the sanctity of human life?

Greg Sisk