Archive for the ‘Catholic Identity’ Category

Human Rights Failure at Fordham Law School

Monday, September 25th, 2017

The United Nations General Assembly has been holding its annual session, with this year’s theme being “Focusing on People: Striving for peace and a decent life on a sustainable planet.”

The notion of “focusing on people” naturally brings to mind the struggle to protect the fundamental human rights of everyone on our planet. Human rights, of course, is a highly fraught issue, particularly at the UN where it is frequently honored more in the breach than in the observance.

But you can always count on the representative of the Holy See to make sure that human rights are understood in their full and correct sense. Today, Archbishop Paul Richard Gallagher presented the Holy See’s contribution to the debate. In his remarks, he said the following:

Putting people always first means protecting, at every stage and in every circumstance, the dignity of the person, and its human rights and fundamental freedoms, and in a specific way, the rights to life and to freedom of religion from which all other rights flow and which are therefore the common foundation of the pillars of peace and security and integral human development. These two human rights are indivisible from those other rights and fundamental freedoms relating to a dignified spiritual, material and intellectual life for each citizen and for their families – among others, the right to food, the right to water, the right for housing, the right to a safe environment and the right to work.

One would think that this understanding of human rights, which is so deeply rooted in Catholic social teaching, would resonate clearly with all Catholics and Catholic institutions, as well as all persons with good will. It is in keeping with the best aspects of the UN’s tradition, particularly the Universal Declaration of Human Rights.

Tragically, Fordham Law School has apparently decided to reject that vision of human rights.

While Fordham University as a whole continues to assert its self-understanding as a “Catholic and Jesuit” institution, one would be very hard-pressed to find evidence that the Law School views itself that way, or that it sees value at all in Catholic legal tradition or jurisprudence.

The latest example of their abandonment of a Catholic understanding of law comes in a particularly egregious way. Last week, Fordham Law’s “Leitner Center for International Law and Justice” hosted a presentation by a representative of the International Planned Parenthood Federation, entitled “Using the UN 2030 Sustainable Development Agenda to Advance Sexual and Reproductive Rights”.

Now let’s be perfectly clear about something. The International Planned Parenthood Federation openly boasts in their 2015-2016 report of being the perpetrator of approximately 1.1 million abortions worldwide, and “counseling” and “consulting” with several million women about having an abortion. They brag about having provided almost 5 million “abortion-related services”. They distribute hundreds of millions of doses of chemical contraceptives that can cause further early abortions. They systematically work to undermine or eliminate legal protections for unborn children around the world, under the Orwellian guise of “reproductive rights” — a code word that includes legalized abortion.

In other words, IPPF is likely the single most prolific killer of human beings in the world — a massive violator of the fundamental right to life of every human. They work for the oppression of the weakest and most vulnerable among us and seek to eliminate legal protection of an entire class of human beings whose only offense is that they haven’t been born yet. It is an evil organization.

To celebrate IPPF in a forum dedicated to law and justice is perverse in the extreme. But this is not an isolated event by the “Center for International Law and Justice”. Its list of events and publications demonstrate a consistent advocacy for legalized abortion, with never a dissenting voice being heard. Nor is that an isolated event for the Law School in general, which encourages students to concentrate studies in “reproductive rights” but doesn’t offer a single class in Catholic legal studies.

Put aside for a moment the Catholic Church’s unequivocal and unbroken historical denunciation of abortion as an egregious violation of fundamental human rights. Forget for a moment the Jesuit Pope’s repeated condemnation of abortion and of the “ideological colonization” that seeks to impose Western values on developing countries. Clearly Fordham Law School cares little for these Catholic or Jesuit traditions.

All that’s necessary is to look at secular human rights sources. How about the Universal Declaration of Human Rights, adopted by the UN in 1948, which states plainly that “Everyone has the right to life, liberty and security of person.” Or the Declaration of the Rights of the Child, adopted by the UN in 1959, which states as a foundational premise that “the child… needs special safeguards and care, including appropriate legal protection, before as well as after birth”, and guarantees that “the child shall enjoy special protection… In the enactment of laws for this purpose, the best interests of the child shall be the paramount consideration.” Or the Convention on the Rights of the Child, adopted in 1989, which reiterates the guarantee of legal protection before birth and says that “the best interests of the child shall be a primary consideration”.

How does killing 1.1 million unborn children a year fit into that tradition of “human rights” or “law and justice”?

The fact is that never, in any document or declaration, has the UN or the international community ever recognized abortion as a fundamental human right. Subsidiary UN agencies and committees have done so, under intense pressure from Western governments and abortion advocates, again under the misleading rubric of “reproductive rights”. But they have not yet been able to revise the traditional understanding of “human rights” to exclude unborn children.

The Holy See’s presentation at the UN was an uplifting and beautiful tribute to true human rights. Fordham Law School has chosen a different direction, one that betrays Catholicism, the Jesuit charism, and even secular human rights.

That is a catastrophic human rights failure.

Politics, Factions, and the Church

Wednesday, February 15th, 2017

At the time of the founding of our Republic, one of the great concerns was the danger that political factions would undermine the fragile unity of the new nation. This was so serious that the Founding Fathers specifically and repeatedly warned about the deleterious effects factions would have on the country. For example, George Washington, in his Farewell Address (a document that is amazingly prescient and relevant in our age) said:

The alternate domination of one faction over another, sharpened by the spirit of revenge, natural to party dissension, which in different ages and countries has perpetrated the most horrid enormities, is itself a frightful despotism. But this leads at length to a more formal and permanent despotism. The disorders and miseries which result gradually incline the minds of men to seek security and repose in the absolute power of an individual; and sooner or later the chief of some prevailing faction, more able or more fortunate than his competitors, turns this disposition to the purposes of his own elevation, on the ruins of public liberty.

Likewise, James Madison in the Federalist Papers (No. 10) said this:

A zeal for different opinions concerning religion, concerning government, and many other points, as well of speculation as of practice; an attachment to different leaders ambitiously contending for pre-eminence and power; or to persons of other descriptions whose fortunes have been interesting to the human passions, have, in turn, divided mankind into parties, inflamed them with mutual animosity, and rendered them much more disposed to vex and oppress each other than to co-operate for their common good. So strong is this propensity of mankind to fall into mutual animosities, that where no substantial occasion presents itself, the most frivolous and fanciful distinctions have been sufficient to kindle their unfriendly passions and excite their most violent conflicts.

There is no question that the spirit of faction is very widespread in our nation and that it is driving us further apart. The past election was a particularly bad season for this, and virtually everyone can tell about divisions in their families, uncomfortable or hostile conversations at dinner, being “un-friended” or seeing vitriol on Facebook, and so on. There is not just anecdotal evidence for this. A major study by the Pew Center last year documented the rise in partisanship and animosity over politics.

American politics is becoming almost tribal in nature. A person’s political affiliation is becoming a dominant aspect of their identity and it is increasingly shapes not just their views on public issues but their friendships, associations, etc. Party loyalty is becoming one of the highest values and group-think is becoming the acceptable standard. Politics is also invading more and more aspects of life. It’s becoming increasingly common at sporting or entertainment events for some athlete or singer to inject their political views into the show. Facebook is becoming more about political rants than pictures of the kids and silly cat videos. Corporations whose purpose is to sell us stuff are now seeing it as their role to tell us how to think as well. People on both the left and the right are bemoaning the fact that we are facing the politicization of everything.

This is not news, but I raise it at this time for a reason.  The President recently said that one of his major goals is to eliminate something called the “Johnson Amendment”. That’s a provision of the Internal Revenue Code that bans certain tax exempt organizations — particularly churches — from engaging in partisan politics. This has long been a goal of many Evangelical organizations and some Catholics as well. They want pastors to be able to openly endorse political candidates from the pulpit and to lend them material support through their churches.

I think this would be a disaster for the Church and for our society — and for our souls. Politics has its place, and its place is not everywhere. A healthy society has many institutions and activities whose purpose is to bring people together, not to divide them or to “kindle their unfriendly passions”. One of the most important of these places is in Church.

The purpose of Church is not to contemplate or promote temporary solutions to worldly problems. The purpose of Church is to worship God, the Creator and King of the Universe. It is a time to separate ourselves from the Kingdom of Man and immerse ourselves in the Kingdom of God, which is our true homeland. It is a time to renew our communion with Our Lord Jesus Christ and with His Mystical Body — with our fellow sinners of all political views. It is the place where we recall our solidarity with the Communion of Saints around the world, those who have preceded us and those who will follow us. We are called to lift our hearts and minds to God, to listen to His Word, and, if we are worthy, to receive His Body and Blood. In Church, nothing should distract us from trying to come closer to God in our hearts, minds and souls. Nothing.

Factions, parties, and partisanship — whatever term we use for it — have no place in the Church. They divide us in the most important place where we must stand united. St. Paul went so far as to call “party spirit” a work of the flesh, and compare it to many very wicked sins that exclude people from the Kingdom of God (Gal 5:19-21). We certainly need more guidance from our Church about the principles and demands of our faith, and how we can apply that to the issues of our day.  But we cannot allow partisan politics to turn us against each other — or against the Church — and divert us from our real role in the world. In the famous Letter to Diognetus written way back in the second century, this was how the Christians were described:

… there is something extraordinary about their lives. They live in their own countries as though they were only passing through. They play their full role as citizens, but labor under all the disabilities of aliens. Any country can be their homeland, but for them their homeland, wherever it may be, is a foreign country… They pass their days upon earth, but they are citizens of heaven. Obedient to the laws, they yet live on a level that transcends the law… To speak in general terms, we may say that the Christian is to the world what the soul is to the body. As the soul is present in every part of the body, while remaining distinct from it, so Christians are found in all the cities of the world, but cannot be identified with the world…  Such is the Christian’s lofty and divinely appointed function, from which he is not permitted to excuse himself.

That is indeed a lofty function, one that we cannot allow to be diluted by politics or factions.

Post-Election Thoughts

Thursday, November 10th, 2016

A few points that I think are worth noting about the election results. On the whole, it was a good night for the pro-life, pro-religious freedom agenda.

  • The way the political parties are currently aligned, it is generally better for our issues when Republicans and conservatives hold key positions, because they are more likely to be pro-life and favorable to religious liberty. This is not universally true, nor may it be true in the future, but it is a generalization that I rely on in my comments below. More about this further down.
  • Clearly it is very good news that the most ardently pro-abortion presidential candidate in history has been defeated. The wailing and gnashing of teeth (and desperate apocalyptic fund-raising efforts) by Planned Parenthood et al. gives us an idea of what this means to pro-abortion advocates. Bad news for them is always good news for us.
  • Many of the Executive Branch officials in the Administration who have pushed an anti-life and anti-religious liberty agenda will also be turned out of office and replaced with more conservative policy-makers. This gives us great hope that hostile regulatory measures (like the HHS Mandate, ACA abortion mandates and the transgender mandates) will be reversed or moderated.
  • However, since the President-elect is not widely celebrated for consistency of positions and promise-keeping, it is vital that pro-lifers are vigilant and assertive in holding him to his campaign pledges and watching his appointments to key positions.
  • The US Senate and House of Representatives have both retained a Republican majority. This makes it more likely that important budget amendments will be retained, particularly the Hyde Amendment (restricting Medicaid funding for elective abortions) and the Weldon Amendment (offering conscience protection for health professionals), and that further conscience protections (like the First Amendment Defense Act and the Abortion Non-Discrimination Act) will move forward. It also makes it more likely that Planned Parenthood and the rest of the abortion industry will be at least partially defunded.
  • We have to have realistic expectations about Congress, however, because the Senate still requires 60 votes in most cases before legislation can be acted on, which encourages delay, obstruction, and compromise. We have to be ready to accept incremental improvements, while still pressing for more.
  • It is more likely that conservative judges will be appointed to the Supreme Court and lower federal courts. But we must again temper our expectations — the Senate requires 60 votes for a nominee to be voted on, so it is likely that any Supreme Court nominee will be more moderate than Justice Scalia. The ability to appoint more conservative lower court judges is a major opportunity, since most of the key litigation on our issues takes place at the District Court and Circuit Court of Appeals levels.
  • Here in New York, it appears that the Republican Party has retained control of the State Senate, by virtue of its coalition with some Democrats. It is not clear whether there is a pro-life majority in the Senate, but this still gives us some reason to hope that the assisted suicide bill may be held off.
  • However, the fact that Colorado approved the legalization of assisted suicide by a wide majority in a referendum, and the District of Columbia is about to pass legalizing legislation, it is clear that we must continue to work hard on this issue.
  • Elsewhere in the nation, Republicans retained their control of the majority of state legislatures and governorships. This means that the dynamic efforts of pro-lifers at the local and state level will have the chance to continue. Their successes give us solace that our movement is making progress, even if we seem stuck in New York.

The startling results of the presidential election may represent a watershed moment of political re-alignment. If the Democratic Party moves further to the left, as many are now suggesting, it is likely that moderate Democrats who are also pro-life and pro-religious liberty will be looking for a new political home. Voters of all types who are uneasy with the populism and nationalism of the President-elect may also find themselves in search of new political partners. There may be a chance for these centrist voters to come together to present a new vision for politics, perhaps even in a new party, a vision that is more in keeping with Catholic social teaching and with the innate pragmatism and moderation of the great majority of Americans.

In the meantime, we can watch, hope, and pray for our political leaders and for peace and harmony in our nation. God bless America.

(Please note that these comments are strictly limited to the issues that matter the most to me, namely pro-life, marriage and religious liberty. This should not be taken as a general assessment of the election results, an analysis that encompasses the full range of issues of concern to Catholics, or an unqualified statement of approval either of the President-elect or the Republican Party.)

Pathological Politics

Wednesday, October 26th, 2016

Politics is a dirty business and anyone who is involved in it, even just as a spectator, has to have a thick skin and a high tolerance for invective and hyperbole. Even by the standards of ordinary politics, though, the current Presidential campaign has certainly hit a number of new low points in the behavior of the major party candidates — including juvenile name calling, deranged conspiracy theories, unfounded accusations of bigotry and hatred, and the dismissal of a large percentage of the population as being “deplorable”.

The level of discourse among the general public has also been lamentably awful, as any reader of a Comments Box or Facebook feed can attest. On the whole, this year has not presented an edifying display of democracy at its best.

All of this might easily be dismissed as “politics as usual”. But things are certainly getting worse, and it is a very dangerous trend. This was brought home to me the other day when I received a troubling email from a very respectable Catholic gentleman. In the email, he said that the Democratic presidential nominee “is pure evil and very powerful because of her allegence [sic] to Satan”.

When uncharitable and unjust things like this are being said by Christian people, we should be seriously alarmed. If we as Christians cannot engage in strong political discourse without resorting to calling people “pure evil” or alleging that someone is a servant of the Evil One, then there is something sick about our political climate.

I suppose that I shouldn’t be surprised. A recent study by the Pew Center on “Partisanship and Political Animosity in 2016″ found that Americans are not just divided by politics, but that the divisions have reached the level of fear and loathing. For example, the study found that “A majority of Democrats (55%) say the GOP makes them feel afraid, while 49% of Republicans say the same about the Democratic Party. And nearly half of Democrats (47%) and Republicans (46%) say the other party makes them feel angry”.

Things have clearly gone beyond robust disagreement about policy proposals. This personal animosity is the fruit of a political culture that cares little for policy discussions, but is instead infected by ideological media like “comedy” talk radio shows that show contempt for opposing viewpoints and politicians, and thrive on stirring up feelings of anger and indignation against the perceived enemy.

I understand that many people firmly believe that imminent disaster is at hand if one or the other of the major party candidates is elected. I certainly share the concern about the intensification of the Culture of Death and attacks on religious liberty. I also am disturbed by the prospect of immoral, unstable and untrustworthy people being elected to high office.

But as Catholic laypeople, we cannot be satisfied with this state of things. We are called by our faith to enter into temporal affairs, including politics, in order to bring to others the Gospel of Jesus Christ. We must advance our positions while still remaining disciples of the Lord. As our Bishops say in their document, Forming Consciences for Faithful Citizenship, “We are committed to clarity about our moral teaching and to civility. In public life, it is important to practice the virtues of charity and justice that are at the core of our Tradition” (FC 60).

Cardinal Wuerl of Washington, DC, has said it very well:

We need to look at how we engage in discourse and how we live out our commitment to be a people of profound respect for the truth and our right to express our thoughts, opinions, positions — always in love. We who follow Christ must not only speak the truth but must do so in love (Eph 4:15). It is not enough that we know or believe something to be true. We must express that truth in charity with respect for others so that the bonds between us can be strengthened in building up the body of Christ.

As Christians, we cannot participate in pathological politics. Our society is indeed sick, and desperately in need of healing. But the solution is the message of mercy and love of the Gospel, emphasizing the dignity of every human person — including those with whom we disagree about politics.

Voting as a Catholic

Monday, October 24th, 2016

As Election Day approaches, there is a great deal of confusion and angst among Catholics. The Presidential race has garnered so much attention that it has overshadowed many other essential races at the federal and state levels. These other races will have an impact on key issues that affect our lives – the legalization of assisted suicide, regulation of abortion, religious liberty, war/peace, health care, etc. As in every election, there is much at stake, and we have a duty to be responsible citizens and vote.

When approaching our election decisions, it is vital that we act as Catholics – as disciples of Jesus Christ. We do not have to be locked into the arbitrary binary categories that the world seems caught up by – Republican or Democrat, liberal or conservative, etc. Instead, we follow St. Paul’s advice, “Do not be conformed to this world but be transformed by the renewal of your mind, that you may prove what is the will of God, what is good and acceptable and perfect.” (Rom. 12:2)

So our task is to think with the mind of Christ, and look for ways to build the “civilization of love” (a phrase first coined by Pope Paul VI) that is at the heart of the social mission of the Church. In doing this, we as laypeople have the crucial role. It is our duty to engage in secular affairs and transform them in light of the Gospel. Politics is our responsibility, and the more Catholic we are, the better citizens and voters we will be, and the more we will advance the Kingdom of God.

To do this, we first have to form a correct and Catholic conscience about public affairs. Fortunately, the Bishops of the United States have given us an excellent tool for this, the document Forming Consciences for Faithful Citizenship. This document provides practical advice on how to form one’s conscience in keeping with the teachings of our Church, and how to apply it to the political choices that have been presented to us. The goal is to foster political engagement that is “shaped by the moral convictions of well-formed consciences and focused on the dignity of every human being, the pursuit of the common good, and the protection of the weak and the vulnerable” ( FC 14).

The first question that we must ask ourselves when considering how to vote is the character, philosophy and integrity of the candidates ( FC 41). It is essential for the health of the nation and for the common good to elect persons of good moral character who are responsible stewards of the power that we delegate to them. There have been too many examples in our history of the terrible consequences of electing people of bad character (see the Watergate scandal), and we should have learned this lesson by now. Public morality and private morality are connected, and we desperately need both.

We then must evaluate the positions of the candidates and their parties in light of Church teaching. We cannot responsibly vote based only on party labels or self-interest ( FC 41). Instead, we have to inform ourselves based on reliable and serious sources (i.e., not comedy shows). An excellent source for this kind of information is a party’s platform, which shows in broad strokes what the party stands for and what they hope to accomplish in office. This takes a little research, but with so much information on the Internet it is not too difficult for the average voter.

In doing this, we must keep the Church’s teaching in the forefront of our attention. Faithful Citizenship highlights several essential concepts that must be at the heart of a Catholic’s voting analysis: the dignity of every human person from conception to natural death, the pursuit of the common good for all persons in society, subsidiarity (addressing social problems as close as possible to their source and respecting families and local institutions), solidarity (the unity of the human family), and the special obligation to protect the weak and the vulnerable.

Within that general framework, some issues are clearly more important than others. Our Church has consistently emphasized the preeminent place of the protection of human life at all its stages. We must oppose all kinds of intrinsically evil acts that endanger human life and dignity, such as abortion, euthanasia, destructive embryo research, the redefinition of marriage, racism, terrorism, torture, wars of aggression, human trafficking, pornography, and inhumane working conditions. All of these are utterly incompatible with human dignity and the common good.

This creates an obvious dilemma when we are confronted with candidates who are in favor of legalized abortion. We obviously cannot vote for a “pro-choice” candidate in order to support or perpetuate legalized abortion — “in such cases a Catholic would be guilty of formal cooperation in grave evil” (FC 34). The Bishops advise, however, that we may vote for a “pro-choice” candidate — but only “for truly grave moral reasons, not to advance narrow interests or partisan preferences or to ignore a fundamental moral evil” (FC 35) What constitutes a “truly grave moral reason” will obviously depend on the circumstances, but it would appear to mean something that involves opposing another seriously immoral act, such as preventing racism, defending against serious threats to religious freedom, or stopping an aggressive war.

One thing is clear. Although we are not “one issue voters” and we should evaluate all of a candidate’s positions, “if a candidate’s position on a single issue promotes an intrinsically evil act, such as legal abortion, redefining marriage in a way that denies its essential meaning, or racist behavior, a voter may legitimately disqualify a candidate from receiving support” ( FC 42). So it is a perfectly responsible position for a Catholic to rule out voting for any “pro-choice” or racist candidate for that reason alone.

The hardest case for a Catholic is when we are presented with a choice between candidates who all support grave and intrinsic evils. In this case, the Bishops offer this advice: “The voter may decide to take the extraordinary step of not voting for any candidate or, after careful deliberation, may decide to vote for the candidate deemed less likely to advance such a morally flawed position and more likely to pursue other authentic human goods” ( FC 36). This is not “choosing the lesser of two evils”, but instead is an effort to mitigate or minimize the damage that will be done by imperfect candidates. This is a difficult balance to draw, and one that should be approached very carefully. Balancing evils and predicting the future are fraught with the possibility of error, so a Catholic should proceed with great caution.

When faced with that situation, we can leave a particular ballot line blank and move on to other races, or we can look beyond the partisan binary – there’s no requirement in our faith that we must vote for a major party candidate. In many races, particularly the Presidential race, there are other people running whose positions are compatible with Church teaching, and a Catholic can therefore use their vote to make a principled statement. So we should look at minor parties (e.g., the American Solidarity Party) and other independent candidates.

Voting as a Catholic is not easy in this fallen world, but it is something that all Catholics are capable of. To do this, we can’t give up on politics as if it is hopeless to have good moral candidates and to improve our society. The quality of our politics depends on the quality of our participation. We must be aware of what is happening, and stay informed by seriously researching the positions of parties and candidates and the teachings of the Church. We should also pay close attention to all the races on the ballot, not just those on the top. We should certainly put in as much effort in voting as a Catholic as we do in selecting a cell phone. We should also stay engaged all year long, particularly by joining advocacy efforts like the New York State Catholic Action Network or the Human Life Action network.

The most important thing in this, as in any moral decision, is to call on the assistance of God. Pope Francis, when asked recently about our elections, gave this advice: ” Study the proposals well, pray, and choose in conscience.” Prayer is essential for any Catholic who seeks to do their duty as a voter. Because, as the U.S. Bishops have noted, “It is important to be clear that the political choices faced by citizens not only have an impact on general peace and prosperity but also may affect the individual’s salvation ” (FC 38).

Political Incoherence on Abortion

Thursday, October 6th, 2016

Although I’m a political junkie, I never watch those television events that are billed as “political debates”. They are nothing of the sort, of course, but instead are merely opportunities for candidates to parrot their talking points, show how strong they think they are by rudely interrupting each other, and doing little if anything to inform and enlighten the electorate.

And so, I didn’t watch the Vice-Presidential “debate” the other night, opting instead to watch a very exciting baseball game. But I was keenly interested in reading the reports of what the candidates said about abortion.

Now, we have to take anything said by a Vice-Presidential candidate with a healthy grain of salt. The purpose of a VP candidate is to robotically repeat the Presidential candidate’s talking points, pretend that the person at the top of the ticket has no faults or flaws and has never erred, and, aside from that, do nothing to mess up the campaign. That makes sense, since the role of a Vice President is essentially to serve as a constitutional spare tire.

But there was a comment at the most recent VP “debate” that is certainly worthy of notice, because it was on the issue of abortion and it demonstrated the incoherence of the Democratic position on this crucial issue, and how much in thrall that party is to the ideology of the Culture of Death.

Senator Tim Kaine is the Democratic VP candidate. As such, he is the right-hand-man to a presidential candidate whose position is utterly reprehensible on abortion — she has never heard of an abortion she disapproves of, and she is completely beholden to the abortion industry. Sen. Kaine, who is reportedly a practicing Catholic, has an appalling record in the Senate of support for abortion on demand at all times and for any reason. In this Senate session alone, he has voted to continue funding for Planned Parenthood, which kills over 300,000 unborn children a year, and opposed a measure that would prohibit late-term abortions at a time when the child can feel pain while they are being dismembered. He has also publicly stated that he will support a repeal of the Hyde Amendment, which would mean that he thinks it’s a good idea for abortions on demand to be paid for by taxpayers.

Hardly a stellar example of a Catholic public servant. But it’s even worse. Sen. Kaine had this to say when asked a question about the role of his religion in forming his position on abortion:

I try to practice my religion in a very devout way and follow the teachings of my church in my own personal life. But I don’t believe in this nation, a First Amendment nation, where we don’t raise any religion over the other, and we allow people to worship as they please, that the doctrines of any one religion should be mandated for everyone… I think it is really, really important that those of us who have deep faith lives don’t feel that we could just substitute our own views for everybody else in society, regardless of their views. … we really feel like you should live fully and with enthusiasm the commands of your faith. But it is not the role of the public servant to mandate that for everybody else. So let’s talk about abortion and choice. Let’s talk about them. We support Roe v. Wade. We support the constitutional right of American women to consult their own conscience, their own supportive partner, their own minister, but then make their own decision about pregnancy. That’s something we trust American women to do that.

It would be difficult to find a better example of the utter moral and intellectual bankruptcy of the “pro-choice Catholic” mindset. I could quote all day long from statements by the Church on the absolute moral duty of Catholic public officials to oppose the depraved injustice of abortion on demand. But leave that aside for a moment, because Sen. Kaine already seems to be utterly impervious to the actual beliefs of the faith he professes to be devoted to.

Instead, since faith always accords with reason, let’s just look at this from a strictly rational perspective, because it will be crystal clear that his comments make no sense, either for a Catholic or for anyone else.

All laws reflect moral judgments of right and wrong – that’s the nature of law itself. No system of law anywhere in the world or in history is based on the idea that a person can act however they want. Human conduct is always subject to moral rules that are written into civil law. So if a public official rules out the influence of their religious faith in making such judgments, on what moral principle will he act? Are his opinions completely swayed by public opinion polls, or party platforms? Then what kind of a person is he? Why would anyone vote for a politician who was so devoid of principle or courage that he ignores his religious faith and decides his position by sticking his finger in the air and checking the direction of the wind, or by just “following orders”?  How could you trust such a person to do anything according to any kind of coherent moral principle?

The prohibition against killing an innocent human being is not a Catholic doctrine, but a moral principle based on science and reason that can be seen by anyone, regardless of their religious faith. It’s not wrong because the Catholic Church says so, the Church teaches that because it’s a self-evident truth. It is Science 101 that every human life – including that of a VP candidate – begins at the moment of conception. The inhabitant of a mother’s womb is always a human being, the genetic offspring of a father and a mother, and he/she is never anything less. To take that helpless child’s life for any reason – much less to serve the convenience of the mother or father, or because the child has a physical handicap – is contrary to the inherent natural impulse of humans to protect and nurture their young. It is also patently evil to treat any living being with the cruelty of abortion – which involves poisoning a child with caustic chemicals or dismembering her while she is still alive.

A political candidate doesn’t need any religious faith to see that abortion is a moral evil and should be prohibited by law. All it takes is rational thought, and openness to the scientific evidence that is right before one’s eyes. Even a Vice President should be able to understand that.

Looking for Voting Choices

Monday, September 19th, 2016

How many of us have heard or uttered this statement: “I don’t know how I’m going to vote this year”. Many Catholics are struggling to decide how to vote. That should mean that they’re trying to form their consciences in a correct and Catholic way. And they should be looking for choices that allow them to “see that the divine law is inscribed in the life of the earthly city” ( Gaudium et Spes 43).

Unfortunately, we have the prospect this year of having some of the most deeply problematic major party candidates for president in American history (which is quite a statement, considering that Aaron Burr, Richard Nixon, Strom Thurmond and George Wallace are on that list). Several of them have significant character problems and all support some kind of intrinsic moral evil (i.e., laws and policies that are always wrong, like permitting abortion on demand, legalizing assisted suicide, or the deliberate killing of civilians in wartime).

I’m not a member of any of the major parties, so loyalty is not an issue for me — candidates don’t have a right to my vote, they have to earn it. To me, casting a vote is a moral act, a statement that I wish this candidate to serve in a particular office. It means that I believe the person is qualified for the office, and that I want them to fulfill their campaign promises and positions. If I know that this candidate will support intrinsically evil policies, I am giving my permission for those evil acts and I am therefore complicit (however remotely) in them.

This is a very troubling moral dilemma. Our Bishops have advised us that we can vote for a candidate who promotes an intrinsically evil act, but that can only be for truly grave moral reasons — which does not include party loyalty. The Bishops have also advised that we can “take the extraordinary step” of not voting for any candidate, or we can vote for the candidate who is likely to do the least harm. This is also a hard decision to make — how could there possibly be a sufficiently grave reason to vote for a candidate who favors abortion on demand, the killing of civilians in war, torture of captives, the redefinition of marriage, or proposals that are openly racist. Given the Law of Unintended Consequences, and the impossibility of predicting the future, it is also extremely hard to make a determination as to who would cause the least damage to our vulnerable republic and world.

Many people are considering to cast their vote for one candidate as a statement against one of the other candidates. But we don’t have an electoral system where we can “Like” or “Unlike” candidates. To vote against one, we have to vote to put the other one in office — which is a problem if we know that they will support evil policies.

But there are alternatives to voting for any of the major party candidates. One could leave the line blank — a vote of “none of the above” — but still vote for candidates in other key races. But that’s not satisfactory to those who want their vote not just to express dissatisfaction with the candidates that have been offered, but to support a positive agenda.

Another option is to look at some of the “minor parties” that have proposed candidates. I find one of these minor parties, the American Solidarity Party, to be very intriguing. It seems to be building its platform on Catholic Social Teaching. The party is not strictly Catholic, but falls in the tradition of “Christian Democratic” parties, which have been so influential in Europe and Latin America but which have never gained a foothold in the binary party system here in the United States.  On the issues I consider most important, the ASP is right on point: they are consistently pro-life, defend religious liberty and the authentic definition of marriage, oppose the use of torture and the killing of civilians in war, and support the right of parents to control the education of their children and the duty of the state to support them. I don’t agree with all of their platform, and I am not endorsing them or any other candidate for office. But I am interested in any political party or movement, however small they may be, that tries to advance the Church’s positions on policy issues.

Obviously, these kind of parties have no chance of winning this election. Most probably won’t even be on the ballot in New York, given our notoriously byzantine ballot access laws, so a write-in vote would be necessary.

But for voters who are looking for options, a minor party vote may allow them to vote according to their conscience. And that is not a “wasted vote”. As John Quincy Adams once said, “Always vote for principle, though you may vote alone, and you may cherish the sweetest reflection that your vote is never lost.”

No Worldly Honor is Worth a Soul

Tuesday, July 26th, 2016

And so we have yet again the sad spectacle of a Catholic public official running for high office who attends Mass regularly, presents himself for Holy Communion, and claims to be faithful to the Church — while at the same time he hides behind the disingenuous “personally opposed” imposture while staunchly supporting intrinsically evil laws and policies permitting the wholesale destruction of unborn human beings.

The hollowness and hypocrisy of this political stance are well-known, and hardly worth spending much time rebutting. The obligation of public officials — especially Catholics — to oppose laws that authorize abortion has been explained in crystal clear terms by the Church on many, many occasions. Anyone who is fooled –or who fools himself– with the “personally opposed” sham has to accept responsibility for wilful self-delusion.

But what really concerns me about this situation is not the political or public policy aspects. It’s really the moral and spiritual side that I am most troubled by. It should be a cautionary tale to all of us.

I have been fortunate to teach in the formation program for the Diaconate here in the Archdiocese, and also in the leadership program for Directors and Coordinators of Religious Eduation. One of the subjects that I always cover is the Church’s teaching on human destiny, what traditionally has been called “the four last things” — death, judgment, heaven and hell.

There really is no ambiguity in this teaching, and it is of the utmost importance to all of us in our daily lives. Our Lord Jesus Christ Himself was perfectly clear that our conduct in this life will determine our fate in the next, and that there are two paths available to us — the one of life, and the one of destruction.

The path of destruction is the one that we should shun in horror. It leads to everlasting separation from God — to Hell. “Our Lord warns us that we shall be separated from him if we fail to meet the serious needs of the poor and the little ones who are his brethren.” (CCC 1033) The suffering of souls who choose this path is unimaginable, even through the eyes of a creative genius like Dante.

The temptation of worldly power and honor is very strong, and very compelling. There is a reason that the Evil One chose to tempt Our Lord with the lure of authority over the nations. I know this temptation well, because it is one that I have struggled with my whole life, and it has led me to sin many times. But nothing in this world — nothing — is worth risking the loss of eternal life with God, whether it be pleasure, power, riches, tactical political advantages, or whatever. Certainly not the Vice-Presidency. “For what does it profit a man, to gain the whole world and forfeit his life?” (Mk 8:36)

Let me be perfectly clear. I cannot look into the heart of any other person and judge whether they are on the path to life or death. That is for God alone, and I hope that he will be merciful to us all. But I am a sinful man. Although I try to reject temptation, I regularly need the healing of God’s grace in the Sacrament of Confession. I dread the thought that I might die with a mortal sin on my soul, and I equally dread the thought that anyone else might do so.

No worldly honor is worth one human soul. We should dedicate ourselves to pray and sacrifice for those who are at risk of choosing the wrong path.

Irrationality, Magical Thinking, and Gender Ideology

Friday, June 3rd, 2016

The drive to enforce universal acceptance of gender ideology is accellerating in our country. Government action, coupled with cultural propaganda, is seeking to transform our understanding of the nature of the human person as male and female. I have been having a number of discussions about this with my friend and colleague, Alexis Carra. She has a background in academic philosophy, which gives her very valuable insights into the problem. She recently wrote me an email that I thought was worth sharing, along with my responses (her thoughts in italics, mine in plain text):

First of all, why have we so easily accepted the distinction between biological sex and gender? Who suddenly defined gender as “an individual’s actual or perceived sex, gender identity, self-image, appearance, behavior, or expression, whether or not that gender identity, self-image, appearance, behavior or expression is different from that traditionally associated with the sex assigned at birth”? Just because new concepts have been invented doesn’t mean we must accept them, let alone accept them without any sort of debate with regards to their correctness or truthfulness. 

The short answer, I’m afraid, is that people are acquiescing in this patent nonsense out of fear and cowardice. Smart people in academia, law, and the public square willingly submit and fail to resist, out of concern that they will be marginalized, penalized, and ostracized. Administrators of universities and schools bow to decrees from distant government agencies out of fear of conflict, and to sustain funding streams. Debate is stifled, or never initiated, because those who object are stigmatized as bigots and haters.

One would think that scientists – and those who like to style themselves as the “reason-based community” – would be the first to resist those who deny the reality of sexual difference. Just think of how vigorously people denounce “climate change deniers”, for even the slightest variation from “orthodoxy” on that issue. The science on the sexual differences between male and female is hugely developed, and indisputable in its conclusions. So why aren’t they in the forefront of the debate?

Philosophers, too, should see right through this kind of shoddy reasoning.  They certainly should realize that gender ideology is incoherent at its core. Gender theory holds that the idea of being male and female has no inherent meaning, that sexual identity can be defined independently of physical reality, and that the physical differences between men and women are irrelevant or meaningless. But if that is so, then what could it possibly mean for a person to claim to be a “transgender man” or “transgender woman”? “Male” or “female” can’t simultaneously both mean something and mean nothing. That violates a basic rule of reason, the Law of Non-Contradiction. Any philosopher should be able to see that this is irrational, and that the ideologues actually wish that “gender” simply means whatever any individual wants it to mean, at any given day. That is intellectual anarchy, not reason. But the philosophers are silent.

Secondly, aren’t we concerned that adhering to this ideology reinforces a lie? Namely, I can, by virtue of my will, create reality. There are no external forces beyond my control (i.e., the laws of nature, the laws of biology, the laws of logic, etc.) that shape reality. As such, I can be whoever or whatever I want, even if nature/biology/logic says otherwise.  A person may be born male, but can magically identify as female if he so chooses! And we all must now refer to him as such!

Gender ideology adherents promote the strangest kinds of ideas. One recently wrote this about the simple, straight-forward statement that “transgender girls are biologically male”:

That is an offensive and inaccurate notion… But transgender girls are not “biologically male.”… [People] might believe that a person’s genitals define their “biological” sex, but that does not make it so. Continuing to put forth that narrative without challenging it as an ideological position, as opposed to a fact, is extremely harmful.

This is magical thinking. It denies a fundamental truth about reality, namely that things exist independently of anyone’s beliefs, language usage, feelings, conceptual ideology, etc. One cannot reason with a person who believes that they can change reality by waving a mental magic wand. The fundamental differences between men and women do not disappear, do not become a mere “narrative” or an “ideological position”, merely because someone wishes it to be so. They remain facts. As Daniel Patrick Moynihan once said, “everyone is entitled to his own opinion, but not his own facts.”

As a lawyer, I also am dumbfounded at the way that gender ideology turns anti-discrimination law on its head. The traditional understanding of anti-discrimination law is that there are certain inherent qualities (e.g., race, sex, national origin, disability) that absolutely cannot be taken into account when making certain decisions (e.g., employment). This is an expression of the value that all persons must be treated equally under the law. Yet the drive to include “gender identity” in anti-discrimination laws actually does the opposite. It requires people not only to recognize the existence of this alleged quality, but to make it the essential factor in granting favorable treatment when making decisions (e.g., about bathroom access). In this one case, failure to use “gender identity” would be made unlawful. All this, based not on an immutable characteristic like race or sex, but instead on a purely self-defined, malleable concept that is entirely subjective and not related to any kind of reality.

Thirdly, why is this being perceived as compassionate? There is nothing compassionate about reinforcing lies. In fact, if we reinforce a lie held by another person, we not only harm the person by allowing him to continue living the lie, but we also rob him of an opportunity to know the truth. And as Christians, there are few roles of greater importance than proclaiming the truth to others.  

One does not have to be a Christian to understand that “the truth will make you free” (Jn 8:32). Anyone with any degree of self-awareness and knowledge can tell that they cannot live in a coherent way if they deny the truth. Lies imprison us, truth liberates us. Aleksandr Solzhenitsyn, on the day that he was arrested by the Soviet secret police due to his dissent from Communist ideology, wrote a great essay, “Live Not by Lies”. In it, he said this:

the simplest and most accessible key to our self-neglected liberation lies right here: Personal non-participation in lies. Though lies conceal everything, though lies embrace everything, but not with any help from me… It’s dangerous. But let us refuse to say that which we do not think.

People who are struggling with their sexual identity are troubled, and need help. But we do them no favors if we continue to participate in the lies. More than anything, they need to be liberated from the irrationality and magical thinking of gender ideology. All it offers them is continued enslavement to false ideas about reality, sexuality, and the way to achieve happiness. Accepting the truth about our human nature, about our maleness and femaleness, has to be the foundation of the development of a healthy sexual identity.

Notre Dame’s Tragedy

Wednesday, March 16th, 2016

Notre Dame University has long held itself out as an exemplar of Catholic higher education. And in fact, they have had a great many admirable Catholic scholars, and wonderful Catholic alumni.  But they have clearly lost sight of what Catholic education is meant to be.

The University has decided to grant their Laeatare Medal (the name means “rejoice”) to Joseph Biden, the Vice President of the United States.  According to their website, this award “is presented annually to an American Catholic in recognition of outstanding service to the Church and society”.

There is nothing to “rejoice” about in Joe Biden’s public record.  I dare anyone to identify anything that Joe Biden has done in service of the Church that can in any way be described as “outstanding”.  Indeed, in their press release, the university didn’t even bother to try to describe any such service.  I also dare anyone to make sense of Notre Dame’s incoherent argument that by honoring the man, they are not endorsing his policy positions.  After all, what “service to society” has he given, except by his public acts?

The fact of the matter is that Mr. Biden has a long track record of public policy positions that are in direct contradiction to the Catholic faith, and that flout the specific and grave duties of a Catholic public servant.  Specifically, he has long been a supporter of abortion.  When in the Senate, his voting record can only be described as “mixed”, with some pro-life votes (including votes in favor of the partial birth abortion ban), but an increasing number of pro-abortion votes in recent years. He was a very prominent front man for the Administration’s endorsement of the redefinition of marriage.  And he has done nothing publicly to defend the Church’s religious liberty by mitigating his Administration’s iniquitous contraception/abortion health insurance mandate, and, in fact, publicly defended it with an outright falsehood during the 2012 campaign.

But don’t just take my word about his attitude about abortion rights, listen to what he wrote:

I remember vividly the first time, in 1973, I had to go to the floor to vote on abortion. A fellow Senator asked how I would vote. “My position is that I am personally opposed to abortion, but I don’t think I have a right to impose my few on the rest of society. I’ve thought a lot about it, and my position probably doesn’t please anyone. I think the government should stay out completely. I will not vote to overturn the Court’s decision. I will not vote to curtail a woman’s right to choose abortion. But I will also not vote to use federal funds to fund abortion.“  I’ve stuck to my middle-of-the-road position on abortion for more than 30 years. I still vote against partial birth abortion and federal funding, and I’d like to make it easier for scared young mothers to choose not to have an abortion, but I will also vote against a constitutional amendment that strips a woman of her right to make her own choice.

Now, contrast that with the authentic teaching of the Church about the duties of a public servant:

Failing to protect the lives of innocent and defenseless members of the human race is to sin against justice. Those who formulate law therefore have an obligation in conscience to work toward correcting morally defective laws, lest they be guilty of cooperating in evil and in sinning against the common good. (US Bishops, Catholics in Political Life)

Abortion and euthanasia are thus crimes which no human law can claim to legitimize. There is no obligation in conscience to obey such laws; instead there is a grave and clear obligation to oppose them by conscientious objection…. In the case of an intrinsically unjust law, such as a law permitting abortion or euthanasia, it is therefore never licit to obey it, or to “take part in a propaganda campaign in favour of such a law, or vote for it.”  (St. John Paul II, Evangelium Vitae 73)

Presumably, these official Church documents are available somewhere in the Notre Dame library.

This tragic decision represents yet another example of the complete failure — and in some cases, contumacious refusal — of many institutions of Catholic education to understand their role and nature.  In his Apostolic Constitution Ex Corde Ecclesiae, St. John Paul made clear that the necessity of acting in accordance with Catholic identity is one of the core obligations of a self-described Catholic university:

Catholic teaching and discipline are to influence all university activities, while the freedom of conscience of each person is to be fully respected.  Any official action or commitment of the University is to be in accord with its Catholic identity.  (General Norms, Article 2, §4, emphasis added)

Ex Corde Ecclesiae also emphasizes that “the institutional fidelity of the University to the Christian message includes a recognition of and adherence to the teaching authority of the Church in matters of faith and morals.” (27)

Notre Dame’s decision to honor the Vice President is just another confirmation of a sad state of American universities that once were Catholic, but are now something lesser.  Notre Dame, of course, is named after Our Blessed Mother.  I cannot imagine her rejoicing at this decision made in her name.