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.

Monday, October 25, 2004

Teens, Television, and Sex

Building a culture of life starts at home, as evidenced by a new study on teenagers, sexual activity, and television watching. The journal Pediatrics reports:

Multivariate regression analysis indicated that adolescents who viewed more sexual content at baseline were more likely to initiate intercourse and progress to more advanced noncoital sexual activities during the subsequent year, controlling for respondent characteristics that might otherwise explain these relationships. The size of the adjusted intercourse effect was such that youths in the 90th percentile of TV sex viewing had a predicted probability of intercourse initiation that was approximately double that of youths in the 10th percentile, for all ages studied. Exposure to TV that included only talk about sex was associated with the same risks as exposure to TV that depicted sexual behavior. African American youths who watched more depictions of sexual risks or safety were less likely to initiate intercourse in the subsequent year.

Watching sex on TV predicts and may hasten adolescent sexual initiation. Reducing the amount of sexual content in entertainment programming, reducing adolescent exposure to this content, or increasing references to and depictions of possible negative consequences of sexual activity could appreciably delay the initiation of coital and noncoital activities. Alternatively, parents may be able to reduce the effects of sexual content by watching TV with their teenaged children and discussing their own beliefs about sex and the behaviors portrayed. Pediatricians should encourage these family discussions.

Insightful analysis is offered by Evangelical Outpost.

Rob

Friday, October 22, 2004

Voting Made Easy

Here's a voter's guide for "serious Catholics." It has been ordered in bulk by 1500 parishes across the country, including 50,000 copies distributed within the St. Louis archdiocese. It lists five "non-negotiable issues": abortion, euthanasia, cloning, embryonic stem cell research, and homosexual marriage. It instructs Catholics to rank the candidates based on their positions on "these non-negotiable principles," and warns that they should not vote "for candidates who are right on lesser issues but who will vote wrongly on key moral issues. One candidate may have a record of voting in line with Catholic values except, say, for euthanasia. Such a voting record is a clear signal that the candidate should not be chosen by a Catholic voter, unless the other candidates have voting records even less in accord with these moral norms."

Rob

Thursday, October 21, 2004

Revisiting the Naked Public Square

It's not available online yet, but try to secure a hard copy of the new First Things, which features a symposium marking the 20th anniversary of the publication of Richard John Neuhaus' The Naked Public Square. Among the many noteworthy contributions, a couple stand out in light of the discussions we've had regarding the collectivization of religiously driven moral norms. Stanley Hauerwas notes his fondness for the book despite the fact that it "has little time for 'sectarians' who have allegedly given up on the public square." Indeed, Hauerwas observes that he and his ilk would seem to favor the public square's nakedness, for they "get to say you never should have trusted the world to underwrite your faith in the first place." Hauerwas also declines to accept Neuhaus' compliment that sectarians are a "needed corrective" to "the spineless acquiescence of mainline Protestantism." Sectarians, Hauerwas reminds us, "do not think of ourselves as a 'corrective.' We think what we say about what it means to be a follower of Jesus is true and, therefore, not simply a reminder to those who responsibly get their hands dirty."

On a related line, David Novak applauds the book, but expresses concern with Neuhaus'

growing nationalism, especially his recent tendency to employ the theological concept of election to describe the United States of America as "an almost chosen people." The public morality advocated by the American government, especially by President George W. Bush and his administration, might well put America in the forefront of both the local and international struggle for authentic human rights. Nevertheless, "chosenness" is the preserve of those peoples, like the Jewish people and the Christian Church, who see themselves as having been elected by God. There is a fundamental difference between a community whose immediate warrant comes from a transcendent source ("I am the Lord your God") and a nation whose immediate warrant comes from an interhuman agreement ("We the people of the United States").

As the symposium richly reflects, there is certainly no uniform "Christian" take on the relationship between faith and our common life. There is, however, welcome agreement that the relationship merits continuing exploration.

Rob

Wednesday, October 20, 2004

Human Rights for All

Letters from Babylon links to a manifesto titled "Human Rights for All" run in campus newspapers this week by pro-life student groups at America's leading universities.

Rob

Tuesday, October 19, 2004

A Lasting Lesson

Ten days ago my stepdad, Bob May, was killed when he fell from a light pole he was working on. Bob was an electrician and general handyman who never went to college, never read the great books, and never entered into the defining intellectual debates of our time. Nevertheless, he taught me countless lessons since he entered our family when I was ten years old. Many of them are personal, but one seems worth sharing in this forum, as it offers a needed reminder for those in the academy who seek to take faith seriously.

Growing up, my family talked endlessly about religion. We debated theology, explored Christian apologetics, and argued about the cultural implications of faith. Bob did not say much in these discussions, as his background did not give him a whole lot of insight on the intellectual issues that occupied our attention. But one on one, the story was different. Whenever I returned home from college or law school, one of the first questions he would ask was "Rob, how have you seen God in your life recently?" The question would take me aback -- I was perfectly comfortable talking about faith as an abstract concept, much less comfortable articulating my personal life of faith. Eventually, though, I came to see Bob's question as the centerpiece of any discussion that presumes to take faith seriously. We must never lose sight of the fact that, for the truth of faith to matter on the cultural, political, or legal stages, the truth of faith must matter to our daily existence. If we can't articulate that aspect of the faith, the big-picture debates are meaningless sideshows.

A couple of days after Bob died, I was cleaning out his truck and found his old, beat-up lunch cooler. Inside the cooler's lid, he had taped a piece of paper on which he had written the word "PRAY" in big letters. Whenever he opened the cooler, he saw that sign. Bob would not have had much to add to the discussions on Mirror of Justice, but his hand-lettered sign looms large as I contemplate the integration of faith with my intellectual pursuits. If I'm simply trying to sound more clever than the next person or using my God-given ability to grasp for more and more academic prestige, I've missed the point. The intellectual exploration of faith cannot be mistaken for the life of faith. Thanks, Bob.

Rob

Thursday, October 7, 2004

Archbishop Burke on Intrinsic Evil

On October 1, Archbishop Burke of St. Louis issued a pastoral letter addressing a Catholic's responsibility to vote for candidates upholding the integrity of the moral law. Needless to say, he has a significantly less nuanced take than Amy and Susan (see below) on the translation of intrinsic evil into voting decisions:

[T]here is no element of the common good, no morally good practice, that a candidate may promote and to which a voter may be dedicated, which could justify voting for a candidate who also endorses and supports the deliberate killing of the innocent, abortion, embryonic stem-cell research, euthanasia, human cloning, or the recognition of a same-sex relationship as legal marriage. These elements are so fundamental to the common good that they cannot be subordinated to any other cause, no matter how good. (para. 39)

Rob

Monday, October 4, 2004

Cert Denied

Today the Supreme Court denied cert in Catholic Charities v. California.

Rob

Sunday, October 3, 2004

Seamless Garment Party: Defining the Base

I agree with Rick (below) that the Seamless Garment Party (see Mark's post below) would have to do more than graft a pro-life plank onto the Democratic Party's platform. Certainly there will be some thorny issues, the resolution of which would invariably thin the SGP's ranks. That said, the potential voter base of such a venture appears significant, and it extends far beyond Catholic voters. Indeed, Ron Sider, the most prominent voice in the social justice wing of the evangelical movement, relies heavily on Catholic social teaching in reminding us that God is not a Republican or a Democrat. Besides pointing out the interesting fact that Pope John Paul II is now significantly more admired than Jerry Falwell among evangelicals, he makes the broader case that the ethic of life calls us to transcend the polarized, woefully deficient visions of the common good espoused by both parties:

What has happened to the "consistent ethic of life," suggested by Catholic social teaching, which speaks against abortion, capital punishment, poverty, war, and a range of human rights abuses too often selectively respected by pro-life advocates?

The Religious Right’s grip on public debates about values has been driven in part by a media that continues to give airtime to the loudest religious voices, rather than the most representative, leaving millions of Christians and other people of faith without a say in the values debate. But this is starting to change as progressive faith voices are speaking out with a confidence and moral urgency not seen for 25 years. Mobilized initially by the Iraq war, the prophetic groups have hit a new stride in efforts to combat poverty, militarism, and human suffering in places like Sudan.

In politics, the best interest of the country is served when the prophetic voice of religion is heard—challenging both right and left from consistent moral ground. The evangelical Christians of the 19th century combined revivalism with social reform, and helped lead movements for abolition and women’ suffrage—not to mention the faith-based movement that directly preceded the rise of the Religious Right, namely the American civil rights movement led by the black churches.

The truth is that most of the important movements for social change in America have been fueled by religion—progressive religion. The stark moral challenges of our time have once again begun to awaken this prophetic tradition. As certain fundamentalists lose influence, nothing could be better for the health of both church and society than a return of the moral center that anchors our nation in a common humanity. If you listen, these voices can be heard rising again.

Rob

Thursday, September 30, 2004

Catholic Identity as Political Hardball

I'm hoping that undecided Catholic voters will not limit their research of the presidential candidates to the predictably less-than-helpful insight offered by the GOP in its website, "Kerry Wrong for Catholics." The site gathers some of the more egregious quotes from Kerry on abortion, but also suggests that Catholics should reject Kerry because he opposed elements of the Bush Administration's homeland security efforts, and because he has taken communion at a Protestant church. Not surprisingly, there's no mention of just war, the preferential option for the poor, the death penalty, etc. I also confess to feeling a bit squeamish as I explored the GOP's "Catholics for Bush" website, which prominently features a "photo album" apparently designed to bolster Bush's Catholic-friendly aura. There are photos of Bush giving a medal to the Pope and plenty of photos of Bush standing with priests and the Knights of Columbus. I generally defend a visible role for religious values and language in our political life, but this struck me as a bit ham-handed. Are we to think that Kerry would refuse a photo op with the Pope? More troubling was the prominence given a photo of Bush praying. I certainly believe that prayer is a valuable element of our politicians' lives, including the public aspects of their lives when events warrant. But deliberately choosing to advertise that fact ("Our President prays in public!") on a campaign website brought to mind Matthew 6:5-6:

When you pray, do not be like the hypocrites, who love to stand and pray in the synagogues and on street corners so that others may see them. Amen, I say to you, they have received their reward. But when you pray, go to your inner room, close the door, and pray to your Father in secret. And your Father who sees in secret will repay you.

Nevertheless, my discomfort with both websites pales in comparison with the revulsion expressed by James Carroll (of Constantine's Sword fame), whose column in the Boston Globe laments the websites' effort to twist Kerry's sincere religious devotion. Carroll portrays the election of Kerry as its own sort of religious contest:

Today, some Catholics, including many bishops, repudiate the theology of the Second Vatican Council, and they are the ones most determined to stop Kerry from being elected. Having a Vatican II Catholic as president of the United States would be a blow against those who hope to roll back the reforms begun at that council. More than that, Kerry's positions on a range of issues, from abortion to the death penalty to the centrality of social justice, mark him not as a renegade Catholic but as one of that increasingly large number of faithful Catholics who understand that moral theology is not a fixed set of answers given once and for all by an all-knowing hierarchy but an ongoing quest for truths that remain elusive.

Needless to say, of all the labels that folks seek to affix to Kerry given his pronouncements on abortion, "Vatican II Catholic" is probably not at the top of the list. But it is Bush himself that pushes Carroll to the brink of reality:

Bush sponsors "faith based" social projects to disguise his agenda of dismantling structures of government that provide basic human needs. Bush cites religion as a way of justifying a politics of exclusion -- wanting America to be a place that bans gay people, keeps women subservient, suspects religious "outsiders" (whether Muslims or atheists). Such religion is the ground of the "us versus them" spirit that defines Bush's foreign policy.

Even in a GOP platform that is, in my view, wildly over the top, I have not seen any reference to banning gays or keeping women subservient. Please correct me if I'm wrong.

Carroll finishes with a flourish of what can only be considered theological malpractice in the cause of political partisanship:

Bush uses religion to justify his penchant for violence, which is manifest in nothing so much as his glib use of the word "evil." Once an enemy is demonized, transcendent risks can be taken to destroy that enemy. We see this apocalyptic impulse being played out in Iraq today. If in order to obliterate "evil" it proves necessary to obliterate a whole society -- so be it. A divinity seen as willing the savage murder of an only son as a way of defeating evil is a divinity that blesses an America that destroys Iraq to save it.

This last sentence, of course, raises some issues bigger than the upcoming election. Is Carroll suggesting that God did not send Jesus as the atoning sacrifice for humankind? Or just that it's an unfortunate truth given its role in justifying future sacrificial violence? And who exactly is using the death of Jesus as an argument for invading Iraq?

In any event, the public square, at least in this election, is assuredly not a religion-free zone. That's a healthy development, albeit an imperfect, frequently messy one.

Rob

Wednesday, September 29, 2004

Fundamentals and the Judiciary

Yesterday Justice Scalia gave a speech at Harvard in which he stated that issues like abortion and assisted suicide are "too fundamental" to be decided by the judiciary. I am sympathetic with that view; the problem, of course, is distinguishing those issues from issues that may be "too fundamental" to be left to majority rule. Certainly our embrace of rulings like Brown v. Board of Education may be distinguished as necessary protection for a disfavored minority, but there are less clear grounds for distinction when we advocate for a more robust and unmistakably anti-majoritarian judicial protection of rights of association or religious exercise, for example. Is the ability of Catholic Charities to resist state compulsion to provide contraceptives "too fundamental" for judicial resolution -- i.e., under Scalia's view, shouldn't we let the citizens of California construct their own conception of reproductive freedom? Or shouldn't we let the citizens of New Jersey determine whether the Boy Scouts should be allowed to discriminate based on sexual orientation? The list goes on, of course; the point, I think, is that we have to be careful when we embrace "the people" as the final arbiter of "fundamental" social controversies. Leaving the definition of the common good up to the one-size-fits-all trump of collective determination might prove riskier than it seems.

Rob