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.

Thursday, August 2, 2012

SSM and artificial reproductive technologies

Alana Newman, the daughter of a sperm donor, explains her opposition to SSM through the lens of her concerns about the corresponding increase in the use of artificial reproductive technologies (ART):

Most people approve of gay couples adopting. I am one of these people. Adoption exists as an institution because of human frailty; sometimes people are unable to raise their biological children, but those children still need loving homes. Adoption is not a market that provides children to the adults that desire them. It is for parents to find children who—tragically—cannot be raised by their biological parents. . . . But there’s a big difference between ART and regular adoption. Donor-conception, unlike adoption, is a market where new humans are created to fulfill the demands of the adults that want them. “Commercially conceived” persons are deliberately denied a relationship with one or both of our biological parents. The tragic, primal wound ubiquitous in adoption literature is woven into every commercially conceived person’s life story.

The comment thread raises some interesting questions, including this: if ART is the problem, isn't opposition to SSM a wildly over- and under-inclusive proxy for addressing it?

Saving subsidiarity

Vincent Miller, writing in America:

Critics of the Ryan budget have argued that solidarity—the virtue that impels us to active concern for the needs of others—must be used to balance subsidiarity. While this argument is true, it gives too much away, for subsidiarity is an application of solidarity, not its opposite. Subsidiarity is not a principle of small government. It is a two-edged sword. Subsidiarity warns against the overbearing action of any large social actors and also demands that they render assistance, subsidium, when problems are too large to be handled by smaller, local actors.

Amen!

Culture war lessons

Corporate social responsibility 101: Corporations should not take a stand on moral issues unless it's a really cool cause that all reasonable and properly formed consumers will likewise support, such as environmentalism or GLBT rights. 

Journalism 101: Reporters should be careful to avoid any hint that political bias may influence their work unless it's bias against a position that all reasonable and properly formed readers will likewise reject, such as support for traditional marriage.

UPDATE: Given the concern that I wielded the irony sword clumsily here, let me be more specific.  The LA Times columnist sees no problem with Patagonia touting environmentalism, but sees big problems with Chick Fil A, Target, and other companies that have taken conservative political positions or made conservative political donations.  More broadly, much of the media coverage that I've read over the years of companies like the Body Shop and Ben & Jerry's has been more laudatory of their courageous stands, rather than condemnatory for their controversial posturing.  It's been a much different story with Chick Fil A.

On the second point, I find the tenor of the reporter's social media comments to be troubling.  I would think the same of a reporter making quasi-public outrageous comments from the anti-GLBT rights perspective as well.

Thursday, July 26, 2012

Customer boycotts vs. punitive government power

Grass-roots boycotts can be a healthy sign of a vibrant marketplace of moral claims and identities.  Government attempts to show the same moral outrage that animates such boycotts tends to shut down the very marketplace that boycotts can nurture.  Thanks, Glenn Greenwald, for reminding Salon readers that threats against Chick-fil-A by the mayors of Boston and Chicago should be noxious to political progressives and conservatives alike.

Wednesday, July 25, 2012

Let's Eat Mor Chikin

My first time eating at a Chick-fil-A was back in the mid-90s when the chain opened a restaurant on the Harvard campus.  (I'm guessing that wouldn't happen today.)  I'm not willing to drive far enough to eat at one on August 1 in support of Mike Huckabee's "Chick-fil-A Day," but I do support the sentiment.  It's OK for business owners and executives to have different views on a whole range of issues, including marriage, and for those views to be reflected in a company's marketplace identity.  Let's not exaggerate the marketplace identity that Chick-fil-A is trying to cultivate, though.

Even Dana Milbank, while trying to take an "above the fray" tone in this op-ed for the Washington Post, gets it wrong.  Milbank quotes from the controversial interview that the restaurant's president, Dan Cathy, gave to the Baptist Recorder.  Cathy said:

“We are very much supportive of the family — the biblical definition of the family unit. We are a family-owned business, a family-led business, and we are married to our first wives.”

According to Milbank, "this implied that gay people (not to mention divorced people) had no business eating at Chick-fil-A." 

Wait a second.  How does expressing support for the traditional family imply that members of non-traditional families have no business doing business with Chick-fil-A?  The very next sentence from Cathy, omitted by Milbank, was "We give God thanks for that."  This doesn't sound like he's about to hang an "intact first marriages only" sign on the restaurant window; it sounds like an authentic expression of values in a spirit of thanksgiving. 

I'm on record as supporting a morally diverse corporate landscape, and this is a great example of that.  There is a price to pay, of course, and Chick-fil-A has to count the cost.  (Some of the costs now being inflicted on the company can only be described as both absurd and ominous.) If folks want to boycott the restaurant, that's fine and in keeping with a time-honored American tradition.  But let's not pretend that Chick-fil-A is out to divide and demonize its customers.

UPDATE: The folks at Get Religion weigh in on the media coverage.

Friday, July 20, 2012

Peter Singer and Christian Ethics

I recommend my friend Charles Camosy's new book, "Peter Singer and Christian Ethics: Beyond Polarization."  The book is a creative and helpful reframing of the discourse surrounding Singer's work. 

Camosy is, without doubt, going to take some criticism from those who believe that he is working (too) hard to rehabilitate Singer's reputation in the Christian community.  He is trying to do that, make no mistake.  And while making clear his disagreements with Singer, one will not find much moral outrage in Camosy's tone when confronting some of Singer's truly monstrous (in my view) positions.  In Camosy's defense, though, moral outrage is not his motivation here.  He is walking a very tricky line, urging the Christian community to step back from the categorical demonization of Singer and discern areas of common interest and shared premises without glossing over foundational and unbridgeable differences.  I think he succeeds on that front.  He does not hesitate to point out when Singer's arguments fall short on their own terms, though he writes with an optimism -- with some basis, given some of Singer's recent comments -- that Singer is still a work in progress, and that his thought is trending favorably. 

Even putting the exploration of Singer's work to the side, the book provides an excellent and accessible analysis of current debates surrounding issues such as euthanasia and abortion.  And his chapter on non-human animals makes -- at least for this factory-farm consuming Christian -- for some uncomfortable reading.  It also provides a rather jarring experience, as Camosy seems angrier with his fellow Christians for our total disregard of non-human animals than with Singer for his views on infanticide.  My guess is that this difference is attributable to two factors: 1) Camosy is angered by Christian hypocrisy, and Singer, for all his morally reprehensible views, is no hypocrite; and 2) there is no shortage of anger surrounding the issue of abortion and infanticide, while anger, at least among the Christian community, is virtually non-existent when it comes to our treatment of non-human animals.

It's a provocative book that should be widely read, and one that is worthy of sustained conversation.

Thursday, July 19, 2012

"Luck" as the basis of solidarity?

Last night I read a blurb about Harvard President Drew Faust's remarks at the 2012 Baccalaureate Service, and her comments intrigued me enough that I went back and read them in their entirety.  There are some thoughtful insights contained in what she said, to be sure, but I'm struck by the awkwardness of attempting to inspire graduates without any vision of transcendent meaning underlying the universe:

There are roughly 120 million 21-year-olds in the world. There are some 1,551 of you who will get degrees today. There is one of me who arrived here against similar odds. That is how we know the deck was stacked. No matter how hard we have worked or how many obstacles we have overcome, we are all here in some measure through no cause of our own. It started for most of us by being born into what one scientist calls the “legacy world,” the small fraction of the Earth’s population that receives the benefits of fossil fuels. After we passed through that lucky portal there were others. Our parents, our schools, our friends, our health, financial aid, a Maurice Sendak book. Predecessors who fought for access to education. Someone who plucked us up out of nowhere and guided us, or a random event that turned our heads, or moved our hearts. Now here we are, filling this church, inhabiting the ancient vestments of higher learning and all they represent, partly by pure chance, by the imperceptible updraft of inexplicable luck.

The truth is, we are not hardwired to recognize this. We tend to assign a meaning, a logic, even to things that are random or fortuitous.

I don't deny the relevance of "pure chance," though, as a Christian, I'm reluctant to identify its particular imprint with any confidence.  What is troubling, though, is the apparent degree to which the recognition of sheer luck as an animating force in our lives precludes a meaningful sense of vocation.  Not that it precludes a theological shout-out, though:

Perhaps because I am standing here in an imitation of a Puritan minister’s robe, I find myself thinking of what Harvard’s founders would have called “God’s free grace.” Good fortune is not something we have a right to, but something given to us that we have no claim on. We do not earn grace by being better than others, or even by being good. It is bestowed, on any one of us at any moment.

I know the Puritans did not embrace a Catholic understanding of grace, but I'm not sure that they would equate grace with sheer luck.  A gift from God has a foundation in God's love; luck derives from nothing but blind chance. 

In her conclusion, President Faust reminds students that "when you acknowledge luck, you recognize your connection to those who did not have the same opportunities."  I'm all in favor of recognizing our connection to those who did not have the same opportunities we've had, but I don't get there by paying homage to "luck."  How does focusing on random chance bring meaning to my world, much less a degree of meaning that brings my relationship and accountability to others into relief?  We are related to others, and accountable for each other, but not because the world is governed by sheer randomness. 

Monday, July 9, 2012

Are all religious liberty homilies really about the Affordable Care Act?

Get Religion, not surprisingly, has can't-miss analysis of the media's coverage of the recently concluded Fortnight for Freedom.

Tuesday, June 19, 2012

Failing Law Schools

Brian Tamanaha's "Failing Law Schools" is now available for purchase.  Orin Kerr offers a nice synopsis, as does Bill Henderson.  This is an important book.

Thursday, June 14, 2012

The Nature of Limited Government

Leslie Green has posted a new paper that may be of interest to MoJ readers, The Nature of Limited Government.  The abstract:

This paper explores moral limits on state action: their sources, character, and stringency. It explains what is special about the liberal tradition: there must be a protected sphere of action, and governments must respect legality. It argues, against Patrick Devlin, that the possible absence of absolute moral reasons against intrusion in a sphere is consistent with justified absolute positive limits on government intrusion. It argues, against John Finnis, that the fact that some associations (e.g. churches or marriages or universities) intrinsically valuable ‘common goods’ does not entitle them to immunity from government regulation. It concludes by suggesting why certain ‘natural law’ moralities have been considered unreasonably intrusive, for they neglect the significance of moral fallibility for limited government.