Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Wednesday, December 15, 2004

Objections to Protecting Conscience (amended)

As noted in a post by Rick a week or so ago, the 2005 omnibus appropriations bill contains a provision denying federal aid to states and localities that compel health care providers, facilities or insurance companies to provide, fund or refer abortion services.

Today, the National Family Planning and Reproductive Health Association (NFPRHA) filed suit in the federal district court for the District of Columbia, seeking to block enforcment of the provision.  According to the description of the lawsuit I read (I have not yet read the complaint), plaintiff argues that the provision is not consistent with federal rules for the Title X family planning program, which requires organizations receiving funding under the program to refer women to abortion services upon request.  A copy of the complaint and other information relating to the lawsuit can be obtained here.  (Thanks to both Teresa Collett and to Kim Daniels for sending me the link).

Susan

Top Catholic Investor Concerns

A survey of 151 Catholic institutional investors conducted by the Christian Brothers Investment Services, Inc. (which manages over $3 billion for Catholic institutions) found that the top ten concerns of such investors in 2004 were: (1) abortion; (2) environmental justice; (3) pornography and universal access to health care (tied at #3); (4) military weapons contractors; (5) fetal tissue/embryonic stem cell research; (6) violence in the media: (7) responsible operations in the developing world; (8) sweatshops/contract supplier terms: (9) sexually explicit material in ther mainstream media; and (10) affordable AIDS drugs in developing countries.

The 2004 findings show some change from a similar survey conducted in 2001.  Although abortion, stem cell issues, sweatshops, health care access and military were high concerns in both years, pornography went from #10 in 2001 to #3 this year and violence in the media was not listed as a top ten concern at all in 2001.

The survey also finds support the active use of shareholding - through proxy voting and restriction of certain investment - to voice these concerns.  (The survey is reported at plansponsor.com.  Your need to register, but it is free.)

Susan

Friday, December 3, 2004

Law Schools and the Military

As I was reading an article in today's ABA Journal eReport, among other things quoting the founder of the Thomas Jefferson Center for the Protection of Free Expression to the effect that "Dale’s expansive view of expressive association turned out to be exactly what was needed to give law schools and organizations in the academic community a basis to resist a government policy," I wondered whether overall the freedom of expression of law schools will be enhanced by this decision.  Although there are clearly a number of schools for whom the decision is a victory in that they can no longer be forced to allow the military on campus, there are many other schools who do not object to the miliary's recruiting presence on their campus.  If the unconstitutionality of the Solomon amendment means that schools that want to exclude military recruiters can do so and those that don't want to exclude them can continue to allow the military to recruit on campus, no one loses.  But I wonder whether this will be the case.  I believe that the AALS has taken a strong position against allowing the miliary to recruit on law school campuses.  If the absence the Solomon amendment means that the AALS will be tempted to take steps through its inspection/accreditation role to try to force law schools to exclude the military, will anyone be championing the expressive freedom of those law schools?  Re Rob's and Rick's postings last week on the subject of this decision, shouldn't adherence to the principle of subsidiarity force us to defend the right of each school to make its own decision on this question?   

Wednesday, November 24, 2004

Not really about Catholic legal theory, but...

...its the night before Thanksgiving and I just returned from a beautiful inter-faith service, an annual event for Thanksgiving Eve here in Port Washington, N.Y.  By tradition the sermon is given by the newest rabbi, priest or minister in town.  Tonight, the speaker was a rabbi who gave a truly inspiring talk....one of those times when you really could hear a pin drop, so rapt was the attention with which the entire congregation listened to him.

One of the points he stressed is one dear to my heart - the importance of having a sense of gratitude rather than one of desert or entitlement.  Our culture, with its excessive emphasis on individualism, does much to promote a sense of entitlement.  ("I worked hard, I did it on my own and by golly I deserve the rewards I reap from my efforts.  I earned them.")   Yet, the reality is that all we are and all we have are gifts from our loving God, and those gifts are meant to be shared and used for the benefit of the communal whole.   If that recognition filled our being, imagine how different our world would be.  It alone would change tremendously how we view our stewardship of the earth, how we view our obligation toward the poor and marginalized, how we regard life itself.  I think if I could make only one change in the world that might be the one I'd make - to replace people's view of the things of this world as a matter of entitlement with a view of them as gift; to replace an attitude of desert with one of gratitude.   

Happy Thanksgiving to all (and to all a good night).

Susan

Sunday, November 21, 2004

Re Rick's posting on Abortion and Catholic Hospitals

Rick is right to be troubled by the unwillingness of the pro-abortion lobby to recognize the freedom of conscience and religious values that justify allowing e.g., a Catholic hospital to refuse to provide or pay for abortions without being penalized.  The rhetoric of NARAL is that abortion is an important component of comprehensive reproductive health care.  The more that rhetoric is permitted to prevail (think: Kerry's promise to make abortion part of mainstream health care), the less likely it is that the law will protect the freedom of those who oppose abortion on moral grounds to refuse to provide or pay for them.

I have already expressed some concern about this issue in my forthcoming Harvard Journal of Law and Public Policy piece on the application of mandatory contraception coverage statutes to religious employers (the link to which is on the right side of this page under Papers).  The New York Times article to which Rick refers suggests reason to be concerned about increasing infringement on religious freedom. 

Susan   

Friday, November 19, 2004

Common Political Language

Further to Rick's critique of Peter Beinart's New Republic piece, I agree with the notion that Christians are not required to translate their claims into a common political language.  However I would add something to Rick's response.  The assumption behind those who take Beinart's position seems to be that while religious arguments are not grounded in "reason and evidence," i.e., those things accessible to others not sharing one's religion, that all other bases of arguments are somehow commonly accessible.  That is patently not the case.  There are plenty of arguments made (by those on both sides of the political spectrum) that, although not religious in tone, are no more accessible to others than religious arguments, that are little more than "I just believe x."  Indeed, Beinart's piece suggests a good example - nondebatable identity claims - which are not limited to religious folk. Yet I've rarely, if ever, heard any criticism of nonaccessibility aimed at any arguments other than religious ones.

Susan

Wednesday, November 17, 2004

Communion and Politicians

Cardinal Theodore McCarrick, who oversees the USCCB Task Force on Catholic Bishops and Catholic Politicians, issued a statement today indicating that the Conference has agreed to take up the matter of Church teaching on the proper disposition for politicians and others to receive communion.  I confess to not being overwhelmingly sympathetic to his complaint about criticisms of the bishops' behavior during the presidential campaign.  To say that "bishops can come to different prudential and pastoral judgments about how to apply our teaching to public policy," is not to say that every public statement made by the various bishops during the campaign is defensible and one can see how the media and the public could have legitimate concern about some of the statements that were made.   

Susan

Monday, November 8, 2004

The Second Part of "Nothing is Lost"

Not suprisingly, several responses to Professor Outka's "nothing is lost" argument focus on the first prong, the notion that the innocent person would die anyway.  While that is the more interesting side of the question, it is worth observing that the second prong is hardly unassailable either.  The second part of the "nothing is lost" argument is that other innocent life will be saved." 

I'm not an expert on the state of stem-cell research, but my understanding from what I have read is that the best we can say is that further stem-cell research offers the potential to save or improve lives.  Many of the values of the research discussed - faciliating drug testing, aiding in treatment in Parkinsons, arthritis and burns - while very beneficial, do not rise to the level of saving an innocent life and many of the benefits discussed are, as of now, possibilities only. 

Even if one is willing to accept the nothing is lost argument at its tightest - an innocent life lost for an innocent life saved - do we really want to stretch the argument to say that the "benefit" side of the equation is satisfied by something that may (or may not) improve (rather than save) the lives of some in the future.

Susan

Sunday, October 31, 2004

Internet Debates

Further to Mark's post about the level of the discussion on Catholics and voting, MOJ readers might be interested in the results of a recently released Pew report. Contrary to fears that had been expressed by many that the internet would hurt democratic deliberation, the report concludes that the Internet has contributed to a wider awareness among those who use it.

"At a time when political deliberation seems extremely partisan and when people may be tempted to ignore arguments at odds with their views, internet users are not insulating themselves in information echo chambers. Instead, they are exposed to more political arguments than non-users. While all people like to see arguments that support their beliefs, internet users are not limiting their information exposure to views that buttress their opinions. Instead, wired Americans are more aware than non-internet users of all kinds of arguments, even those that challenge their preferred candidates and issue positions."

Susan

Saturday, October 30, 2004

Greg Sisk's Rhetoric

Cathy Kaveny observed in her last post that Greg's rhetoric is not productive of discussion and suggests he does little more than tell her that Kerry is evil. I disagree.

I doubt that Greg's postings over the last two weeks will sway my vote on Tuesday. As I have told him in off-MOJ e-mail, I think four more years of Bush is too disasterous on too many grounds to contemplate. Thus, my only option is to vote for Kerry or not vote for President. I suspect I will be one of the hold-my-nose-and-vote-for-Kerry voters.

But I take an important part of what Greg is trying to do here is to make those who are going to take that option think a little about the consequences of what they are doing. Both Greg and William McGurn (in his powerful Casey lecture posted a couple of days ago) fairly suggest that the silence of Catholics who can be counted on to vote Democrat no matter what has helped contribute to a Democratic party that has completely silenced any pro-life sentiment. Perhaps it is not enough for those who are opposed to abortion on moral grounds to silently hold their noses and vote for Kerry. Doesn't some attempt have to be made by those who believe abortion is wrong, but who otherwise prefer the Democratic agenda to the Republican one, to demand that some anti-abortion sentiment be expressed within the Democratic party? (Or, do we just all bail and join Mark's Seamless Garment party).

Susan