Exhibit A: The HHS MandateRequires the health plansof all institutions to pay forcontraceptive services: Sterilizations Contraceptives ○ Including “emergency contraception” that, in some cases, causes early abortions
The Burning QuestionWhen and on what basis should theState intervene inmatters of Religionand Conscience?
Historical Models1) The State abolishing the Church2) The Church overseeing Everything3) The State dictating to the Church4) The Church dictating to the State5) A unified Christian Society6) “Separation of Church and State”
The Church dictating to the State Innocent III“Christ left to Peter notonly the universal Church,but the whole world togovern”“As the moon derives itslight from the sun…”
A Unified Christian Society (i.e., “Christendom”)“…To the medieval mind the distinctionwas not between Church and State as twoperfect and independent societies, butrather between two different authoritiesand hierarchies which respectivelyadministered the spiritual and temporalaffairs of this one society …” --Christopher Dawson, Medieval Essays, p. 68
A Unified Christian Society (i.e., “Christendom”)“The struggle between the Papacy and theEmpire was not a struggle between theChurch and the secular State as we knowtoday. It was conflict between two parallelforms of the same ideal, between the idealof a theocratic empire and that of atheocratic church, each of which wasinspired by the same vision of an all-embracing Christian society – the City ofGod on earth” (Dawson p. 78)
“Separation of Church and State”Version #1: Laïcité
“Separation of Church and State”Version #1: Laïcité
2 Possible Approaches Today1) A Secular State --Church and State staying out of each other‟s way2) An Officially (Judeo-) Christian State --With full respect for Freedom of Religion and Freedom of Conscience
In Favor of a Secular State“I am firmly convinced that a new reflection on the truemeaning and importance of a secular state (laïcité) isnow necessary. In fact, it is fundamental, on the onehand, to insist on the distinction between the politicalrealm and that of religion in order to preserve both thereligious freedom of citizens and the responsibility of theState towards them; and, on the other hand, to becomemore aware of the irreplaceable role of religion for theformation of consciences and the contribution which itcan bring to – among other things – the creation of abasic ethical consensus in society.” --Pope Benedict XVI on his 2008 visit to France
A Secular State A “Separation” of Church and State? Better described as the autonomy of Church and State [it is never a total separation, but each has its proper sphere of influence]
An Officially Christian State?“If Europe is to have any future as apeaceful community, the first thing it needsis a faith in common, believed by the greatmajority if not by all, forcibly imposed onnobody but embodied in its publicinstitutions and serving as the basis of itslaw and policy” --Christopher Derrick, The Rule of Peace, p. 128
An Officially Christian State?“If America is to have any future as apeaceful community, the first thing it needsis a faith in common, believed by the greatmajority if not by all, forcibly imposed onnobody but embodied in its publicinstitutions and serving as the basis of itslaw and policy” --True of False?
Question #1: Which Alternative is Better?A Secular A Judeo- State? Christian State?
Question #2When and on what basis should theState intervene inmatters of Religionand Conscience?
Background Document #1“This Vatican Council declares that thehuman person has a right to religiousfreedom. This freedom means that all menare to be immune from coercion on the part ofindividuals or of social groups and of anyhuman power, in such wise that no one is tobe forced to act in a manner contrary to hisown beliefs, whether privately or publicly,whether alone or in association with others,within due limits.” (Dignitatis Humanae, n. 2)
Case #1Jebediah and Ruth are an Amish couple inMonroe County. These particular Amishconsider any vaccinations to be a sin. Canthe government force them to vaccinatetheir children?
Case #2Same as #1, only there is a new virusepidemic, and doctors determine that,without total vaccination, at least ¼ of thepopulation will die in three months. Still,some religious groups refuse to allow theirmembers to be vaccinated. Can thegovernment force vaccinations on thosewho refuse them in conscience?
Case #3Due to large numbers of Saudi immigrants in theD.C. area, Ahmed Abdul Massat has started aSunni Muslim Academy in the Virginia suburbs.They wear traditional Saudi dress, teach theclasses in Arabic, form the children in Saudiculture, and pass on Sunni beliefs. Local citizensare outraged, and demand the school to beclosed. But Massat points out that they areexceeding all of the national standards, and thatthey recite the pledge of allegiance and teachloyal U.S. Citizenship better than the local publicschools. Who is correct?
Case #4A Muslim mosque in Dearborn, Michigan,begins doing the Muslim call to prayerfrom the loudspeakers in their minaret fivetimes each day (including one in themiddle of the night). Neighbors are deeplydisturbed, and try to pass an ordinence tosilence these public displays.
Case #5A few of the U.S. Army chaplains identifythemselves as Wiccans. They point outthat, in U.S. military burials, Christiansoldiers get a cross on their tomb, andJewish soldiers get a Star of David. Theywant a few Wiccan soldiers to get aPentacle on their tombs, but the VArefuses. How should the court rule?
Case #6Freddie Filkerson is a Satanic priest, andwants to enlist as a Navy Chaplain. Heclaims that several members of the U.S.Marine Corps are Satanists and want to beable to do their Satanic rituals in the chapelon their base. Sergeant Jonas Goodmanrefuses, stating that Satanism isn‟t alegitimate religion. Filkerson sues the U.S.Navy, demanding equal freedom of religionunder the law. Who has the “right of way”here?
Case #7Now that “Don‟t Ask, Don‟t Tell” has beenrepealed, same-sex couples in the militarybegin demanding to be married on base.At Fort Swampy, none of the Catholic orProtestant chaplains are willing to performthese ceremonies. The Department ofDefense orders them that they must do so,regardless of their qualms of conscience.
Case #8For years federal prisons have had libraries with allkinds of books available for inmates to check out –including religious books. In recent years, JihadistMuslim clerics have pushed for converts in the prisonsystem, and have planted inflammatory tracts that havecaused great concern. In response, the federal Bureauof Prisons has ordered a purging of all federal prisons.Only books on the approved list are allowed, and manyreligious books have been quietly removed. A fewoutraged chaplains have been protesting this order.They point out that they have had certain Christian andJewish books in their libraries for years, withoutremotely being a threat. What should be done?
Case #9A new group of Latter Day Saints in Utahwants to return to an earlier practice ofpolygamy, and demands legal recognitionof all of these unions – at least in thecases where all the wives concerned arewilling to sign the legal contract. Theyemphasize that they understand theirpolygamy as a matter of religious duty.Should legal status be granted?
Case #10Jane is a Catholic pharmacist. She hasjust finished reading John Paul II‟sTheology of the Body, and has decidedthat she cannot in good consciencedistribute contraceptives – especially thosethat cause early abortions. Meanwhile, theState of New Jersey passes a lawrequiring all pharmacies to provide so-called “emergency contraception.” Janerefuses, and faces prosecution.
Indispensable Principles Dignity of each Human Person Religious Freedom Freedom of Conscience The Common Good The Truth Ethics / Natural Law Scientifically provable facts
Freedom of Religion/Conscience“This freedom means that all men are tobe immune from coercion on the part ofindividuals or of social groups and of anyhuman power, in such wise that no one isto be forced to act in a manner contrary tohis own beliefs, whether privately orpublicly, whether alone or in associationwith others, within due limits.” (SecondVatican Council, Dignitatis Humanae n. 2)
What is the Common Good?“By common good is to be understood „thesum total of social conditions which allowpeople, either as groups or as individuals,to reach their fulfillment more fully andmore easily.‟ The common good concernsthe life of all” (CCC n. 1906)
What is the Common Good?3 Characteristics: (cf. CCC 1907-1909)1) Respect for the Human Person2) Development of the whole community3) Safeguarding of stable, just, and peaceful social order[If one of these is threatened, the commongood is threatened…]
What is the Common Good?In an officially Judeo-Christian State? --Easy to define…In a Secular State? --Getting harder and harder…
What is Natural Law? (in the Christian view): God‟s law written into our hearts and thus knowable even without revelation “Ever since the creation of the world, [God‟s] invisible attributes of eternal power and divinity have been able to be understood and perceived in what he has made. As a result, they have no excuse” (Romans 1:20) (a more secular view): Basic moral truths knowable to all
Kinds of Truth Knowable to Us Knowable Knowable Through Through Reason Revelation
Truths proposed by Revelation (but knowable by Reason) Possible Examples of “Natural Law”? The existence of a higher being / first cause Many of the 10 Commandments ○ Prohibitions against murder, theft, adultery, rape, incest, perjury, etc Inviolable Dignity of Each Human Person ○ Cf. Slavery, Abortion, Euthanasia, Assisted Suicide, etc Nuptial Meaning of the Body ○ Love & Sexuality as free, total, faithful, and fruitful ○ Based on this, a definition of marriage as a social institution that exists, not for its own sake, but for the sake of family (the basic cell of society)
The HHS Mandate – RevisitedA Violation of ReligiousFreedom?Or a legitimate interventionfor the common good?
Problems with the HHS Mandate1) Against the First Amendment
Problems with the HHS Mandate(a point recently reinforced by SCOTUS) Supreme Court Case: Hosanna-Tabor Lutheran Church and School v. Equal Employment Opportunity Commission (Jan 11, 2012) ○ A unanimous 9-0 decision!
Problems with the HHS Mandate2. The Mandate can not reasonably appeal to the Common Good in revoking religious freedom That is to say, HHS cannot claim that the common good will be seriously threatened if these institutions refuse to pay for sterilizations and emergency contraception.
Problems with the HHS Mandate3) HHS can not claim that the Catholic (or other) conscientious objections to emergency contraception violates Natural Law or scientific facts. The Importance of Science & Objective Truth: ○ When does pregnancy begin? ○ How does “emergency contraception” work?
When does Pregnancy Begin? At Implantation? At Fertilization?The REAL Question: --When does human life begin? ○ Moving backwards from this moment to my first moment of existence as a human person – when did my life begin? (unique case of identical twins)
The Birth Control Pill 3 Phases 1) Prevents Ovulation 2) Prevents Fertilization 3) Prevents Implantation ○ i.e., kills a newly fertilized human being
“Emergency Contraception” 3 Possibilities: A) Doesn‟t “work” B) “Works” by preventing fertilization C) “Works” by preventing implantation (i.e., causing the death of a newly fertilized human being) Against the Hippocratic Oath
Conclusions HHS Mandate forces Catholic institutions (and many others) to violate their consciences… In blatant violation of the 1st Amendment Without any legitimate appeal to the common good Without any legitimate appeal to natural law or scientific facts
Which Alternative is Better?A Secular A Judeo- State? Christian State?
An Officially (Judeo-) Christian State? Apparent advantages: Much easier to identify the Common Good and Natural Law Asks less of the State (thus limiting power) Includes a more complete understanding of the human person (spiritual, moral, and religious dimensions) Challenges: How could it ever work unless Catholicism is the overwhelming majority? ○ How would we ever arrive at that point? ○ And what happens if that ceases to be the case? (from history) Clashes of Church and State even more likely to happen
A Secular and Autonomous State? Apparent advantages: Greater Religious Freedom / Church Autonomy Seems the best way of allowing religious diversity while maintaining civic order Challenges: How to identify the Common Good & Natural Law? ○ Seems to be easy enough when most citizens share a Judeo-Christian worldview, but once that ceases to be the case, it proves more difficult And without a clear sense of these two principles, how to handle… Clashes between the State & Religious Freedom (cf. our 10 case studies)? Civic claims to Same-sex Marriage? Polygamy? Multi-Party Marriage? Marriage with minors? Etc…
How to meet these Challenges? Benedict XVI – a positive dialogue between autonomous Church & autonomous State Allowing the Church to be a “corrective” voice in public discourse ○ Proposing certain truths as self-evident (but forgotten) ○ Condemning violations of human rights and dignity Recognizing the proper expertise of the State in setting the specifics of foreign policy, domestic policy, national security, etc. Evangelization (of others and of the culture) with full respect for religious freedom
Questions? Go to our website:www.thecatholicfaithexplained.com Next Presentation: Wednesday, Nov. 14th Hell, Purgatory, and Heaven
A particular slide catching your eye?
Clipping is a handy way to collect important slides you want to go back to later.