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.

Friday, May 9, 2008

God's sovereignty and Myanmar

Georgia law prof Randy Beck responds to my post on God and Myanmar as follows:

Coming from a Reformed Protestant perspective, I think you're right that for a theology grounded in Scripture, the sovereignty of God will be unavoidable. The theme is equally strong in the New Testament and the Old. The crucifixion of Christ, for instance, occurred "by God's set purpose and foreknowledge." (Acts 2:23)

The problem comes when people claim to know why God allows particular events to occur. Scripture offers a wide range of reasons why God might permit someone to suffer, and punishment for sin is only one of the possibilities. Christ dealt with this issue in Luke's gospel, rejecting the crowd's facile assumption that those who suffer must be worse sinners than other people. (Luke 13:1-5)

One thing Scripture does affirm is that God works all things for good--that he brings good even out of evil. (Rom. 8:28) I think that's the point of Joseph's comment to his brothers after they sold him into slavery, a sin that ultimately led to their survival in spite of famine: "You intended to harm me, but God intended it for good to accomplish what is now being done, the saving of many lives." (Gen. 50:20) To my mind, the sovereignty of a good God gives believers reason to hope even in a situation like the tragedy in Myanmar. Even this is not outside of God's control and He will bring good from it that we can't as yet anticipate.

God and Myanmar

I share Susan's distress over comments attributing the Myanmar disaster to God's will.  But I don't find the comments especially puzzling -- in some cases, they are legitimate attempts to reconcile the world we see with God's sovereignty.  It's one thing to write off school shootings as products of free will, but it's much harder to do that with a natural world that seems hard-wired for human misery.  Explaining Myanmar as an exercise of God's sovereignty also makes a certain amount of logical sense after reading Scripture, particularly the Old Testament.  If God hardened Pharaoh's heart in order to keep him from freeing the Israelites, necessitating more plagues, why wouldn't it make sense that God would "clean up Myanmar" in this horrific manner?  One reason I have such a hard time reading the Old Testament is that it seems that God is continually breaking eggs in the course of making his proverbial omelet.  Modern sensibilities suggest that God's love for every single human person precludes Him from willing any amount of suffering for any single human person.  I hope that's the case.  The Bible does not exactly boost my confidence, though.

Evangelical Manifesto

Two days ago, a group of 80 evangelical leaders (including Jim Wallis, Os Guinness, Richard Mouw, and Dallas Willard) released "An Evangelical Manifesto."  The document's two purposes are "first to address the confusions and corruptions that attend the term evangelical in the United States and much of the Western world today, and second to clarify where we stand on issues that have caused consternation over Evangelicals in public life."  It is well worth reading.  It is also noteworthy that more polarizing figures such as James Dobson and Richard Land are not among the signatories.  And a spokesperson for Concerned Women for America said the manifesto was "blurring the distinctions between liberal and conservative" and confusing Christian voters about the most important issues: abortion and gay marriage.  Under this approach, I suppose that even discussing any issues other than abortion and gay marriage as relevant considerations for Christian voters must be written off as "confusing."

Wednesday, May 7, 2008

Defending Obama

I'm probably not the best person to defend Barack Obama's view of judges, since I'm also troubled by various comments he's made over the last few months, but maybe his view is not as egregious as it seems.  We can't forget that President Bush's best defense of Harriet Miers' qualification for the Supreme Court was his knowledge of her "heart."  (OK, given how that episode turned out, maybe that's a bad example.) 

Obama has suggested that, in his view, 95% of Supreme Court cases can be decided strictly by intellect, but 5% require us to look into a justice's heart, to "their broader vision of what America should be."  Is this notion all that controversial anymore?  Take the jurisprudence of Clarence Thomas, for example.  It seems obvious that his experience as an African American shapes his view of affirmative action and school desegregation cases, and he gives voice to those views in a way that appears to defy the boundaries of the sterile "umpire" role espoused by Chief Justice Roberts.  Is it wrong for Justice Thomas to do so?  Is it even possible for him (and other judges) not to see their cases through the lenses of their own life experiences?

To be sure, the notion that any judge should subvert the rule of law in order to establish a particular substantive vision of justice is problematic.  But I don't think Obama's comments justify a conclusion that he stands for that extreme position.  Read most charitably, perhaps he's just bringing the inescapable human dimension of judging to the surface of our political discourse.  Should Catholic legal theorists resist that acknowledgment?  After all, if we could create nine robots who were programmed to apply a textualist theory of constitutional interpretation, we'd have to come to grips with rolling back not only Griswold and Roe, but also Brown, Meyer and Pierce, for example.  Don't all of these cases require judges to stand up for "social justice?"  Isn't a significant part of the judicial battle about what "social justice" entails? 

Put simply, do we disagree with Obama because he is wrong, or because he is airing a truth that we don't like to acknowledge?

Friday, May 2, 2008

Quote of the year

Some blog posts write themselves.  Today's paper carries another article about our dean's decision not to allow students to satisfy the public service graduation requirements by volunteering at Planned Parenthood.  A priceless excerpt:

"It's discouraging," Planned Parenthood spokeswoman Kathi Di Nicola said of Mengler's decision. "We're a front-line health-care provider for those on the margins of life."

Thursday, May 1, 2008

Defending the Ninth Circuit

I'm not quite ready to share Rick's "groan" in response to the Ninth Circuit's ruling in Truth v. Kent School District.  I find maddening a university's decision not to approve Christian student groups that "discriminate" against non-Christians, but this case involves a high school.  And this is not a Good News Club-type case in which a Christian group is denied access to public facilities; here the "Truth" Christian group sought status as an officially approved curricular group, which would allow them to use student council funds and access the PA system for making announcements, among other privileges.

More fundamentally, though, I think the legitimate pedagogical objectives of a high school are much different than a university.  A university is, or at least should be, a broad and vibrant marketplace of competing moral claims.  I'm not sure that model is appropriate for a high school.  In this case, the school district's policies portrayed officially approved student groups (as opposed to clubs like Young Life that meet before or after school) as vehicles by which to teach tolerance and inclusiveness (among other values).  This is not to suggest that all officially approved groups were uncontroversial -- the Gay-Straight Student Alliance gained approval, which makes the Christian group's exclusion a bit jarring, I'll admit.  But even if we disagree with the school's decision not to approve Truth given its exclusion of non-Christians from voting membership, do we really want to give Truth a constitutional right to demand that it be approved? 

As Rick himself recently wrote in a very thoughtful essay, it is by no means obvious how we should expect the First Amendment, which is designed to “constrain the government from interfering in or directing a diverse and pluralistic society’s conversations about the common good,” to apply in a context in which the state is charged with “producing not just certain facilities, but certain core values, loyalties, and commitments." 

Put simply, I'm always willing to groan at the Ninth Circuit, but I need a bit more convincing in this case.

Quote of the day

Our dean's decision not to allow students to fulfill their public service graduation requirements by volunteering at Planned Parenthood has received substantial local news coverage.  Most of it has been fair and balanced (though one wonders about the state of Catholic higher education when this decision is deemed sufficiently newsworthy to lead off a nightly newscast).  My favorite quote was from the head of Minnesota's Planned Parenthood office, who explained that Dean Mengler's decision not only violates academic freedom, but it also "illustrates a disturbing and dangerous lack of tolerance."

Wednesday, April 30, 2008

Three Cheers for the Naked Public (School) Square!

Marc DeGirolami has posted his paper, The Constitutional Paradox of Religious Learning.  I recommend it to anyone interested in the role of religion in public education, though I'm hesitant to embrace his recommendations.  Here's the abstract:

The constitutional paradox of religious learning is the problem of knowing that religion - including the teaching about religion - must be separated from liberal public education, and yet that religion cannot be entirely separated if the aims of liberal public education are to be realized. It is a paradox that has gone largely unexamined by courts, constitutional scholars and other legal theorists. Though the Supreme Court has offered a few terse statements about the permissibility of teaching about religion in its Establishment Clause jurisprudence and scholars frequently urge favored policies for or against such controversial subjects as Intelligent Design or graduation prayers, insufficient attention has been paid to the nature and depth of the paradox itself. As a result, discussion about religion‘s place in public schools often exhibits a haphazard and under-theorized quality. Yet without a deeper understanding of the relationship between religious learning and liberal public education, no edifying policy solutions are likely in an area so fraught with constitutional complexity and high emotion.

This Article aims to fill that gap by giving the constitutional paradox of religious learning its due. It offers a detailed theoretical account of the relationship between religious learning and the cultivation of the civic and moral ideals of liberal democracies. It draws on that account to develop a unique model of religious learning within liberal learning that takes its cue from the historic purpose of the public school. Since even today it is widely supposed and insisted that public schools still serve a vital role in developing civic and moral ideals in young people, this Article‘s comprehensive examination of the constitutional paradox of religious learning is both timely and necessary if the seemingly intractable skirmishes over religion, education policy, and constitutional law are capable of even a modest rapprochement.

An important topic, to be sure, and one that Marc handles with a good deal of theoretical sophistication.  Nevertheless, I found myself growing less and less comfortable with where the analysis was taking me.  Let me take a stab at articulating my discomfort.

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Tuesday, April 29, 2008

Child protection at its finest

For anyone who doubts the dangers to family autonomy posed by an overreaching (and apparently incompetent) state, consider the case of an archaeology professor who mistakenly gave his 7 year old a bottle of Mike's Hard Lemonade at a Detroit Tigers baseball game.

Culture Watch: "Gossip Girl"

I'm aware of the Miley Cyrus photo controversy, but I was more taken aback by a billboard and television ad campaign for a show called "Gossip Girl."  The campaign utilizes the well-known (and obscene) "OMFG" with a photo of two young people in a pretty unmistakable sexual pose.  Just how young are they?  It was not until tonight that I learned that the show is about high schoolers, and the marketing is aimed at high schoolers.  I'm not all that old (though my students will say that the content of this post is evidence that I indeed am old), but I'd like to note how quickly social norms have changed, even since I was in college and Beverly Hills 90210 debuted as the teen show of choice.  Yes, the characters on 90210 had sex.  But the marketing images are dramatically different, and I'm pretty sure that images matter.  (You can see the images below the fold.)  What norms do these images establish for teenagers today?

UPDATE: Denise Hunnell answers my question from the perspective of a CCD teacher.  For her seventh graders, she writes, the most difficult sacrament to understand is Holy Matrimony.  The cultural messages kids have received by seventh grade make the Catholic image of marriage "extremely counter cultural and almost unbelievable."  Indeed, "It is easier for them to believe that the Eucharist is the Body, Blood, Soul, and Divinity of Christ than it is for them to believe that sex belongs in marriage and marriage is a life-long commitment."  She has written more on her experience here.

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