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, December 21, 2008

A Sign of Respect and Civility: President-Elect Obama’s Selection of Pastor Rick Warren to Deliver the Invocation at the Inauguration

President-Elect Obama’s choice of Saddleback Church Pastor Rick Warren to deliver the invocation at Obama’s upcoming inauguration has engendered considerable controversy among many of his supporters, especially in the gay community.  For those of us who encourage the integration of faith and values in public life and who regularly participate in civil and principled dialogue with those who disagree passionately with us on certain questions of public moment, Obama’s choice is an inspired one.

By selecting Warren, Obama is reaching out to and expressing public respect for a person with whom Obama parts ways on one of the hottest burning embers in the culture wars.  While candidate Obama said that he opposed same-sex marriage, no one really believed that he was genuinely so opposed, notably among his backers in the gay community who understood his professed opposition as a political necessity rather than a sincerely held stance.  Indeed, after the California Supreme Court legalized gay marriage, Obama spoke favorably of the decision and then later opposed Proposition 8.

By contrast, Rick Warren has been a clear, principled, and compassionate voice in support of traditional marriage and thus in support of Proposition 8.  Consistently emphasizing God’s love for every human being as created in the image of God, Warren has been just as speaking against what he perceives as a threat to marriage and thus to the future health of our society.  Warren upholds what he sees as the central role of marriage in joining a man and woman together in raising the next generation.

People of good faith and good hearts find themselves on opposite sides of the question of whether marriage should or even may be extended beyond one man and one woman.  Here on the Mirror of Justice, good friends of a common Catholic faith disagree passionately, but civilly, on this question.  In accord with that sentiment, President-Elect Obama has selected Pastor Rick Warren to give the opening invocation and Rev. Joseph Lowery to give the closing benediction, thereby bringing together in civic unity two persons of faith with polar opposite views on this particular question.

Obama’s choice of Warren to stand before the nation and invoke God's blessings on a unified people appears to signal the incoming president’s disapproval of the increasing demonization by the political left of people of traditional faith and values.  In recent weeks, we have seen a growing tendency by some who were disappointed by the passage of Proposition 8 to smear their political opponents as bigots motivated only by malice.  Since election day, too many have wrongly characterized support for traditional marriage as “hate” and have spitefully sought to blacklist anyone who supported Proposition 8 as a bigoted deviant who should be excluded from society (and be economically punished by being fired from their jobs).  After years of criticizing the so-called religious right as “divisive” because of their political views (an accusation that demonstrated little understanding or appreciation for the principled reasons behind the positions of traditionalists on certain social issues), a publicly-prominent few on the other side have now resorted to truly divisive rhetoric and destructive scorched earth tactics.

Speaking with respect to Warren’s views, Obama defended his choice by saying:  “That’s part of the magic of this country, is that we are diverse and noisy and opinionated. . . .  That’s hopefully going to be a spirit that carries over into my administration.”  Of course, dialogue that is substantive and genuine, rather than simply for show, should inform decisions as well.  With respect to multiple imminent decisions that will affect human rights and dignity, we’ll soon see if President Obama walks the walk and does so as well as he has talked the talk.

Greg Sisk

Monday, December 1, 2008

Higher Taxes, Small Businesses, Jobs, and Economic Growth

On several occasions, although not much recently, we have discussed at Mirror of Justice whether increased taxes for those earning higher incomes is mandated, encouraged, or contraindicated by principles of Catholic social teaching, including the preferential option for the poor. (For one such thread from two years ago, see here, here, and here.) Recognizing that tax law and policy necessarily involves prudential judgment, rather than categorical moral claims, the economic consequences of tax policy, which may involve collateral effects the undermine any supposed benefits of enhancing government reviews, should be a welcome addition to the conversation.

In a guest column by the founder of the up-and-coming small business Intertech in today’s Minneapolis Star-Tribune, Tom Salonek urges reconsideration of proposals to raise taxes for those with income of $250,000, explaining that, in small businesses, “today’s profits fund tomorrow’s growth.” Referring to the proposal to tax the “rich” who earn $250,000 or more, he writes:

I'm one of those people. While there’s no doubt that $250,000 is a lot of money, there is considerable misunderstanding about what that money means when you’re running a small business. . . . At the end of the year, when taxes are due, Intertech’s profit is reported on my personal tax return. While I pay tax on this profit -- at the current rate of 40 percent -- the bulk of the profit remains with the firm. This retained profit covers payroll and some short-term financing. But most important, retained profit funds Intertech’s growth. . . . A growing company consumes cash -- lots of cash.

The fastest-growing small businesses may be only three to four percent of all small businesses, but they account for most of the new jobs in the economy and much of the innovation. And, Mr. Salonek notes wryly, these small businesses aren’t coming hat in hand to Congress to ask for bail-outs. But they do ask not to be crushed by new government regulations and higher taxes.

Greg Sisk

Thursday, November 27, 2008

The "Culture of Life" and the Death of Public Financing for Presidential Campaigns

Riffing off of Rick Garnett's post questioning Doug Kmiec's editorial praising Senator Kennedy for supposedly building up the "culture of life" by sponsoring legislation providing for public financing of presidential campaigns, by Professor Kmiec's measure then, President-elect Barack Obama has undermined the "culture of life" by dealing a death blow to public financing of presidential campaigns.

Senator Obama had promised in writing and unequivocally to accept public financing for the fall campaign if he were the nominee, presumably to, as Professor Kmiec writes, "curb[] the corrupting influence of money in politics."  Instead, Obama broke his promise, continued aggressive fundraising (including repeated trips to Hollywood to hobnob with the wealthy glitterati) to election day (and beyond), and introduced a massive flood of money (and a corresponding excess of television political advertising) into a presidential campaign, the likes of which we had not seen since the heyday of Richard Nixon.

After this year's experience, no future candidate for President will ever again accept public financing.  If a significant part of Senator Kennedy's legacy is indeed public financing of presidential campaigns, it is perhaps ironic that the candidate to whom he gave an early endorsement became the candidate who by his actions destroyed that public financing and ensured that every future presidential campaign will be focused on raising and spending more and more money every four years.

Greg Sisk

Wednesday, November 26, 2008

Obama Chooses Private School for His Kids: Might He Have a Change of Heart on Choice for Other Kids?

During the past two decades, every Democratic nominee for President has vigorously opposed school choice for poor children trapped in failing urban public schools, even while choosing to send his own children to private rather than public schools. Looking to the Presidents who had school-age children while in the White House in recent decades, Democratic President Clinton rejected the D.C. public schools and chose an elite Washington, D.C. private school for his daughter. Nonetheless, President Clinton stood loyally by the teachers' unions and resisted any federal support, even as a token, that would afford a similar choice for poor children in the District of Columbia. By contrast, Republican President G.W. Bush kept his twin daughters in public school in Texas, even as he supported the initiation of a school voucher pilot program in the District of Columbia.

Now we learn that our next Democratic President Barack Obama likewise has bypassed the D.C. public school system and selected the same elite and expensive private school -- Sidwell Friends -- for his two daughters. During the campaign, Obama adhered to the teachers' union mantra against educational choice. Having chosen Sidewell Friends as the school for his own children, might he now have a change of heart?

As said in a Washington Post editorial urging continued support for school choice in D.C.: "[A]s President-elect Barack Obama and his wife decide what's right for Malia and Sasha, Mr. Obama might want to think about the families that he would deny this precious freedom of choice." The question is especially poignant now that the Obama family has chosen a private school that participates in the D.C. voucher program and thus includes children whose only opportunity to attend that school may be afforded by the continuation of the program. As the Washington Post concluded, if President Obama were to stand by his position that the D.C. voucher program should be terminated, "classmates of Malia and Sasha might lose the ability to attend their chosen school . . . . That wouldn't seem fair."

Greg Sisk

Monday, November 24, 2008

Education Reform in the Obama Administration

Terry Moe, an early supporter of Barack Obama's candidacy for President, writes in the Wall Street Journal (here) that Democrats can bring about meaningful change in education if they choose to put kids before adults, that is, educational reform before the agenda of the teachers' union. Herewith some short excerpts:
Democrats are fervent supporters of public education, and the party genuinely wants to help disadvantaged kids stuck in bad schools. But it resists bold action. It is immobilized. Impotent. The explanation lies in its longstanding alliance with the teachers' unions -- which, with more than three million members, tons of money and legions of activists, are among the most powerful groups in American politics. The Democrats benefit enormously from all this firepower, and they know what they need to do to keep it. They need to stay inside the box.
* * *
What should the Democrats be doing? Above all, they should be guided by a single overarching principle: Do what is best for children.
* * *
It all boils down to a simple question. Will President Obama have the courage to unite with the rebels inside his party, champion the interests of children over the interests of adults, and be a true leader who really means it when he talks about change? We can only stay tuned. And have the audacity of hope.
Greg Sisk

Thursday, November 6, 2008

Catholic Voting: Correct

In my earlier posting, I cited the exit polls suggesting that, while Senator McCain prevailed among faithful Catholics who attend weekly Mass, Senator Obama won the overall Catholic vote. Other recent posts have also adverted to the reported result that the Catholic vote went to Obama this time. I and others appear to have been mistaken in taking such exit poll results at face value. Once again, the exit polls from this election proved unreliable, although somewhat less so than in 2004. While the exit polls at least got the result correct this year, the margins were way off. The exit polls showed Obama winning by 18 points, whereas his actual margin of victory was about one-third of that (here). In a crude attempt to bring those results better into line so that the media could report (and pundits pontificate about) exit poll numbers from various demographic groups, the exit poll results were re-adjusted and weighted to bring the margin down to 10 points, which of course is still about twice the true margin of actual votes cast. As a consequence, we simply cannot say with any certainty whether Obama or McCain carried the Catholic vote, other than to say that it was much closer than the exit polls suggest. Likewise, McCain's margin in carrying the majority of weekly Mass going Catholics presumably was largely than the poll results suggest.

Greg Sisk

Wednesday, November 5, 2008

Barack Obama: Congratulations and the Continuing Work for Human Life

Barack Obama has won an historic victory. Although the size of his victory may be overplayed in the media, the nature of the victory, the character of the winner, and what it means for democracy cannot be overstated and commands our unified pride as Americans. As eloquently stated in Susan Stabile's post immediately below, the election of an African-American to the nation’s highest office is stunningly remarkable when contrasted with the ugliness of racism that persisted until so recently. That we as a people chose to move past those racial prejudices and send a person of color to the White House says so much about who we are as a people. That the exit polls confirm that race simply played no significant role in the election is a further source of encouragement for us. Jubilant Democrats and disappointed Republicans alike cannot help but be moved by this powerful rejection of an ugly history of racism and this electoral commitment to racial equality. Truly, truly, we should say, God bless America.

For those of us who are committed to the sanctity of human life, it is difficult to sugarcoat the results. The most pro-abortion politician ever nominated by a major party has been elected president. Although we pray for unborn children and always work to shine the light, dark days may well lie ahead for the pro-life cause. However optimistic one may be for the long-term, yesterday’s vote probably does mean that the day on which human rights for unborn are recognized has been delayed for a season.

At the same time, there is no reason for despair and much reason to be proud of our continuing efforts to bear witness to life. The cause of life has never been solely or even primarily a political campaign cause, and the prayer warriors and brave and compassionate counselors for life remain at the heart of our cause. And for those of us who are engaged in the political fight for human rights, we can and should take considerable solace in the fact that we fell only a little short, against great odds. Despite the perfect storm arrayed against him—an unpopular president of the same party, the eight-year itch to change parties, a declining economy, a disastrously-timed financial collapse, the fawning and uncritical media support for his opponent, and a huge disadvantage in campaign financing—our pro-life candidate nonetheless came far closer than we could have dreamed only a couple of weeks ago.

Now that a Democratic candidate has prevailed in the electoral college after two losses, the national media has buried the popular vote margin in news reporting and one has to search diligently on news web sites to find a complete report on vote numbers. When the figure is unearthed, we discover that the pro-life candidate far outperformed the polls and the expectations of the pundits to reach nearly to 47 percent of the vote. (One of my colleagues eagerly offered me a wager that Barack Obama would rise above 60 percent of the vote. Among many other silver linings from yesterday, which was a pretty good day for Republicans and an even better day for pro-lifers of both parties in Minnesota, I’ll collect those winnings today). Senator Obama’s lean majority (52 percent) by historical measures, is certainly nothing comparable to Ronald Reagan’s landslide re-election (59 percent) or even his initial election in which he won a majority in a three-way race and defeated Jimmy Carter by 10 percent points. Obama’s popular vote win was solid, but not large. A shift of only three percentage points would have made John McCain the president-elect. That John McCain climbed within reach is a testament to the hard and resolute work of many, including those of us in the pro-life movement. And it means that the hill to climb back is not very steep.

Given the tightening of the race at the end, Catholics for Obama rightly may take meaningful credit for the Obama victory. While exit polls show that a majority of faithful Catholics who attend weekly Mass were not convinced by the Obama appeal, a majority of Catholics overall did vote for Obama. And given the significant deficit for Obama among Catholics during the primary season, the efforts of Catholics for Obama may well have been decisive.

Catholics for Obama thus deserve our congratulations for a campaign well fought, along with our reminder that with victory and political power comes moral responsibility. All of us who grieve for the plight of the unborn in this nation must hope and pray that the promises made by Professors Cafardi, Kaveny, and Kmiec, that the lives of hundreds of thousands of unborn children would be saved by an Obama administration, will now be realized. Let us all join together in endorsing the Pregnant Women Support Act offered by Democrats for Life (and not yet endorsed by President-elect Obama).

And when emboldened pro-choice Democrats move to enact the Freedom of Choice Act that would strip away even the minimal protections currently in place for unborn life (and they will), we should expect that Catholics for Obama will speak forcefully against it and insist that its enactment would undermine the Obama pledge to unify the country. And when pro-choice Democrats seek to repeal the Hyde Amendment and use taxpayer money to finance more abortions (and they will), we should expect that Professors Cafardi, Kaveny, and Kmiec will speak as publicly and vigilantly as they did urging his election to remind President Obama that using the wealth of government to fund the industry of death contradicts the theme of the Obama campaign to move beyond the politics of division. And we all must join together as a united witness for life because, after all, lives literally depend on our faithfulness.

Greg Sisk

Thursday, October 30, 2008

Education: Not Neglected on Mirror of Justice Any Longer

My colleague, Susan Stabile, reminds us (here) that the issue of education is not only about educational choice. For Mirror of Justice readers looking for more on education policy questions in the current campaign, I've posted several such messages in the past three weeks, some on the lengthy side for a blog, about education as a largely neglected issue in this presidential election (for a sample, see here and here). Even when education issues have been raised by the candidates, the talking points usually have been general in description and one-dimensional in character. And the media has failed in its journalistic responsibility to examine the actual record of the candidates on educational initiatives and their success (or lack thereof).

More specifically in response to Susan on educational choice, I would emphasize that while it may not be the only issue, it is a central issue. It is not simply a matter of allowing more families to choose Catholic schools, although that is a worthy cause in itself because it empowers families to take their own educational destiny into their own hands. It also promotes religious liberty by allowing Americans to freely choose a faith-based form of education. From an educational reform perspective, school choice is important as well by creating competition and diversity in educational methods and breaking the strangle-hold on education policy by the public school establishment and the teacher's unions. Placing educational choice at the center of our discussion is well-justified.

In any event, as the recent set of additional postings now confirm, the subject of education is not neglected on the Mirror of Justice any longer.

Greg Sisk

Wednesday, October 29, 2008

Educational Choice, Catholic Schools, and Selectivity

Because educational choice has long been a central element of Catholic social teaching, for moral as well as educational reasons, I want to return to the thread about school choice and vouchers and continue our discussion about whether Catholic schools would offer an opportunity to disadvantaged students to receive an education superior to that provided in failing public school districts.

Following John Breen in his most recent post, I want to join him in responding further to the suggestion that the stronger academic performance of students in Catholic schools may be attributable in large part to the selectivity of Catholic schools in admitting students rather than to comparatively greater educational quality. At the end, and even more importantly, I also submit that whatever we as academics and well-educated and wealthy persons might conclude on the matter, we should respect the dignity of poor families in making their own educational choices about what is best for their children.

To the argument that Catholic schools are strictly selective in admissions and have high academic requirements for applicants, John has well explained that Catholic schools generally do not impose strict academic standards for admission. A few college-prep Catholic high schools do have stricter admission requirements (although most still admit the substantial majority of applicants). But my understanding is that the typical Catholic parish elementary school simply does not place academic criteria hurdles on students seeking to attend. Mirror of Justice readers might share with us their experiences about admission standards at Catholic parish schools and whether specific academic requirements for admission are set forth and enforced. But barring general evidence of a regular practice of imposing selective academic requirements for admission, the superior performance of Catholic schools cannot be dismissed on such grounds.

Nor do I think that Catholic schools can be characterized as meaningfully selective in ways other than academic factors. To be sure, nearly every Catholic parish school in the country has boilerplate admission rules giving priority to parishioners, siblings of current students, etc. Given that the average parish heavily subsidizes about the cost of the parish school, such preferences would be entirely appropriate. More pertinently for present purposes, through such parish investments, Catholic elementary schools are able to keep tuition lower and thereby make Catholic education more affordable. This in turn makes Catholic education more accessible to lower income families. Indeed, in most parishes, poor families in the parish who cannot afford even the reduced tuition are granted tuition discounts or waivers. As a matter of principle and social justice, most parishes do not allow ability to pay to prevent any family in the parish from obtaining a Catholic education for their children. Thus, by embedding the parish school within the parish itself and tying the two together in admissions rules, the result is not to make Catholic education more selective but exactly the opposite.

Moreover, based on my admittedly anecdotal experience (and here too readers could share with us their own experiences), such parish family and sibling preference rules tend to exist only in theory because there are ample openings available for new students in the majority of Catholic parish schools. Priority rules for admission only come into play when students are competing for limited openings, which simply is not the case for most Catholic parish schools. (By way of personal example, when we moved to Minnesota and were searching for Catholic elementary schools in the western part of the Twin Cities for our daughter, we had not yet joined a parish or satisfied any preference requirements. We decided to apply to three Catholic schools, only one of which turned out to be at full enrollment and even that school eventually granted admission after a two-year delay.) In sum, the typical Catholic parish school does not select its students. Rather the families of those students select the Catholic school.

Finally, as John acknowledged in his posting, families that choose a Catholic school for their children presumably have education as a high priority. And positive family engagement with their children’s education may encourage greater educational achievement. But that hardly means that Catholic schools have an advantage over the public schools for a reason distinct and separate from educational mission and quality. The focus on parental engagement with the school is an attribute of Catholic schools. Along with the excellence and dedication of Catholic teachers, the quality of the Catholic curriculum, and the institutional environment, a welcoming attitude toward parents, regular communication with parents, an insistence that parents attend conferences, and a concerted effort to ensure that every family is fully integrated into the school community are central elements of Catholic education. In sum, parental engagement isn’t something ex ante to or separate from the educational opportunity offered by Catholic schools. A commitment to fostering family engagement is part and parcel of the Catholic educational choice.

In addition, I have every reason to believe that the substantial majority of families of children trapped in failing public schools in central city areas like Washington, D.C or Chicago likewise consider the education of their children to be a high priority. They often have been frustrated in trying to navigate the public school bureaucracy or have lost hope that parental involvement could make a difference. Many poor families find the public school system, with its huge bureaucracy and teacher-union cartel and protective rules, to be alienating, which suppresses both their willingness and ability to become more involved. And the fact that poor families have little or no choice in educational options simply adds to that sense of helplessness and alienation.

When it comes to school choice, we might give some attention to the actual choices—or wishes—of two groups of people who should be most informed about these matters and who have the most at stake by virtue of their concern for their own children:

First, when it comes to a choice between the Chicago or Washington, D.C. public schools and private school alternatives, prominent political leaders like every recent Democratic nominee for president—Barack Obama, John Kerry, Al Gore, and Bill Clinton—have made the presumably informed choice to eschew the public schools and enroll their children in private schools. Sadly, each of these politicians are determined to deny that same educational choice to poor families in America, leaving the disadvantaged as pawns subject to the choices or agendas of others.

Second, poor families in urban school districts would not apply for and obtain vouchers when available unless they saw some value in placing their children in alternative education. Many families may choose to remain with the public schools or conclude that private alternatives are unappealing. But for those who wish such a choice, why would we not give weight to those preferences when formulating educational policy? Doesn’t the preferential option for the poor encourage us to think not merely in terms of spending money on government programs but also to adopt policies and programs that respect human dignity and liberty? Why would we think it appropriate to allow government elites, entrenched school district bureaucrats, and the teacher’s union lobby to dictate the educational choices of poor families who have reached a different conclusion about what is best for their children?


Greg Sisk

Monday, October 27, 2008

Catholic Schools and the Disadvantaged

When Catholics urge vouchers for school choice and argue that Catholics schools perform better than the public schools that often fail poor children, the responsive retort frequently has been that Catholic schools are able to skim off the cream of the crop and avoid the difficulties with disadvantaged students. John Breen notes that such arguments have no purchase on Catholic schools in disadvantaged parts of Chicago, where they still out-perform the public schools.

When I hear the argument that Catholic schools supposedly avoid responsibility for the most challenging of students, I always am reminded of John Cardinal O’Connor's response in New York City. In an article ten years ago, Sol Stern well-summarized the Cardinal O'Connor challenge:

Cardinal John J. O’Connor has repeatedly made New York City an extraordinary offer: send me the lowest-performing 5 percent of children presently in the public schools, and I will put them in Catholic schools-where they will succeed. Last August the Cardinal sweetened the offer. He invited city officials to come study the Catholic school system, “to make available to public schools whatever of worth in our Catholic schools is constitutionally usable. The doors are open. Our books are open. Our hearts are open. No charge.”

The city’s response: almost total silence.

Greg Sisk