When Partisanship Replaces Justice

In the 1888 encyclical Officio Sanctissimo, Pope Leo XIII encouraged Catholic participation in the legal system to change unjust laws. Part of this document asserts:

[12] Effectively the laws give Catholics an easy way of seeking to amend the condition and order of the State and to desire and will a constitution which, if not favourable and well-intentioned towards the Church, shall at least, as justice requires, be not harshly hostile. It would be unjust to accuse or blame any one amongst us who has recourse to such means, for those means, used by the enemies of Catholicity to obtain and to extort, as it were, from rulers laws inimical to civil and religious freedom, may surely be used by Catholics in an honourable manner for the interests of religion and in defence of the property, privileges, and right divinely granted to the Catholic Church, and that ought to be respected with all honour by rulers and subjects alike.

 

 Claudia Carlen, ed., The Papal Encyclicals: 1878–1903 (Ypsilanti, MI: Pierian Press, 1990), 154.

I’m struck by differing assumptions compared to the American experience of the last few years. Courts strike down laws passed to defending moral rights, The government vetoes or ignores laws they swore to uphold (without suffering repercussions for dereliction of duty). In fact, executive orders and judicial diktats deny believers the right to promote laws benefiting the common good, and target them for refusing to accept the moral changes the political and cultural elites impose on society.

Leo XIII wrote this to the Catholics in Bavaria during the Kulturkampf encouraging them to use the same system to lift oppression that their opponents used to impose it. That says something ironic about America today. That irony is America today is less just in some legal structures than Imperial Germany was 120 years ago! When legal structures are unjust we can no longer rely on our checks and balances to defend the rights of citizens who hold views unpopular with political and cultural elites.

This shouldn’t surprise us. Americans have an ugly habit of setting aside their system of justice when they deem a targeted group unworthy under the law. The obvious example is that of slavery and segregation. But we could also include the violations of treaties with Native Americans, the Internment of Japanese Americans, the denial of the rights of the unborn, and the targeting of refugees. When Americans want to stop treating a disliked group as an equal, we enforced our laws arbitrarily and passed new laws pushing the disliked group further away. 

To defend injustice, America invokes hypothetical extreme cases and treats that extreme case as the norm. For example, abortion for the rape victim, or security from possible fifth columnists, terrorists or felons in the case of Japanese internees, Islamic refugees and illegal aliens. America justified segregation on the grounds that African Americans could not adapt to “White Society” and slavery on the grounds that slaves could not adapt to freedom. Nobody asks whether extreme cases are real and whether they justify these actions.

Today, America uses the irrelevant analogy fallacy, drawing attention to a few similarities between scenarios and ignoring the greater differences. Promoting “same sex marriage,” elites claim denying people with same sex attraction the right to marry is the same as denying interracial marriage. Elites invoke the similarity of “denying two people the right to marry” and name themselves foes of bigotry. The forgotten difference is interracial marriage still involves one male and one female. Opposing interracial marriage denied something essential (complementarity of male and female) in favor of something accidental (the ethnicity of the male and female).

The same happens in other cases. Elites justify abortion by arguing the fetus is a "clump of cells,” so we can excise like any other group of cells. The essential difference is the fetus is a separate person, not a mere clump of cells, and we cannot treat a person like any other “clump.” Elites justify the “contraception mandate” by saying women have a “right” to contraceptives. Even barring the fact that Catholics reject that premise, a “right” to something does not mean people must subsidize it.

These examples show how elites set aside justice and law when it benefits their ideology, invoking them only when favorable. This results in a system where the preference of the elite is law, despite what actual law and moral belief of citizens hold. They succeed because they use simple slogans in supporting their own positions and attacking their opponents. Refuting inaccurate slogans takes longer than reciting them. People remember the inaccurate slogan longer. “War on women.” “Freedom to love.” “Reproductive Freedom.” Few know refutations exist for each of them.

This reality frustrates many Christians. People ignore truth and favor slogans.  So we offer simplistic solutions in exchange. “We need better Popes and bishops.” “We need stronger teaching.” “We need simpler explanations.” These aren’t solutions. They’re just opposing slogans.

What we need—if you’ll pardon me for using a slogan myself—are “boots on the ground.” We need Christians in every walk of life explaining what we believe and why it is good. This isn’t going to change people like flicking a switch. Many will ignore us. Many will treat us hostilely. Yet, some will hear. What we say might turn out to be a planted seed. We don’t know if the seed will bear fruit, only God knows the answer to that question. Either each one of us sows the seeds in the face of opposition, or we abandon the Great Commission and surrender the nation to those who oppose truth and righteousness.

TFTD: The Chilling Imposition of Ideology

I came across an article today: "Catholic profs told to report opposition to 'gay marriage' as harassment :: Catholic News Agency (CNA),” that is troubling in one sense, and downright chilling in another sense. The troubling sense of the article is that a Catholic university (Marquette) has had a training session which tells them to report opposition to so-called “same sex marriage” as “harassment.”  The article reports a spokesman from Marquette as saying:

Brian Dorrington, senior director of communications at Marquette University, told CNA Nov. 21 that the university requires all employees, faculty, staff and student employees, to complete an anti-harassment module “in accordance with federal law and university policy,” He added that harassment training “includes the latest changes in law, and workplace diversity training reflects developing regulations.”

He said the presentation uses “hypothetical scenarios” are “teaching tools do not necessarily equate to university policy.”

Given that the Church condemns sexual acts outside of the marriage of one man and one woman as morally wrong, the fact that a Catholic university has given such a training session to be morally troubling.

However, while troubling (a Catholic university should bear witness to the truth despite what people say), this is not what makes it chilling.

What makes it chilling is the fact that this university believes it has to do this to be in compliance with EEOC regulations and court decisions that decree that the belief in marriage being between one man and one woman is “discriminatory.” Apparently, the government sees this belief, expressed publicly, is considered harassment. In other words, to publicly express that a thing is morally wrong is speech which can be targeted. As the program states:

“Although employees have free speech rights under the United States Constitution, in academic and other workplaces those rights are limited when they infringe upon another person’s right to work in an environment free of unlawful harassment.”

Of course, the person who thinks they should be allowed to work without having their religious beliefs attacked aren’t covered. The rights of the atheist to mock Christianity in a university is widespread. But the rights of the Christian to say, “This is wrong,” are blocked.

So, it’s a “right” that is similar to the sentiment expressed in George Orwell’s Animal Farm: "All animals are equal, but some animals are more equal than others."

if someone dislikes what you have to say, you can’t say it—so long as what you say goes against the favored ideologies. So, you’re free to bash religion in public, but presumably a Catholic in a Catholic institution could be accused of harassment for quoting the Catechism of the Catholic Church when it states:

2357 Homosexuality refers to relations between men or between women who experience an exclusive or predominant sexual attraction toward persons of the same sex. It has taken a great variety of forms through the centuries and in different cultures. Its psychological genesis remains largely unexplained. Basing itself on Sacred Scripture, which presents homosexual acts as acts of grave depravity,¹⁴¹ tradition has always declared that “homosexual acts are intrinsically disordered.”¹⁴² They are contrary to the natural law. They close the sexual act to the gift of life. They do not proceed from a genuine affective and sexual complementarity. Under no circumstances can they be approved. (2333)

2358 The number of men and women who have deep-seated homosexual tendencies is not negligible. This inclination, which is objectively disordered, constitutes for most of them a trial. They must be accepted with respect, compassion, and sensitivity. Every sign of unjust discrimination in their regard should be avoided. These persons are called to fulfill God’s will in their lives and, if they are Christians, to unite to the sacrifice of the Lord’s Cross the difficulties they may encounter from their condition.

2359 Homosexual persons are called to chastity. By the virtues of self-mastery that teach them inner freedom, at times by the support of disinterested friendship, by prayer and sacramental grace, they can and should gradually and resolutely approach Christian perfection. (2347)

Our teaching says we cannot mistreat a person—treat him or her as less than human—just because he or she has a same-sex inclination, but that doesn’t mean we have to accept such behavior as morally indifferent. But apparently, speaking out on what is right counts as “unlawful harassment."

What it boils down to is that we no longer have the freedoms of the First Amendment. We have preferred ideologies which are free to say what they want, and unpopular beliefs which will not be tolerated when they speak against the preferred ideology.

That’s kind of troubling. One thinks of how Brendan Eich was forced out of Mozilla because he privately supported the defense of marriage against redefinition by a donation. Mozilla suffered no repercussions for their action, even though Eich’s action was in no way a violation of Mozilla policy. But, on the other hand, a Catholic parish is being sued because they terminated an employee for publicly flaunting their defiance of Church teaching. One wonders if, by 2016, Google (which runs the Blogger sites) might decide that the blogs which speak in a way they disapprove of can be removed because they promote “discrimination.” Perhaps not, but it is part of the same principle—if speech our political and social elites dislike can be labelled “unlawful harassment,” then the limits to what they can get away with are few.

That’s a real problem. Such policies violate freedom—which America is supposed to be based on—in several different ways, but because the targets are unpopular with the cultural elites, they can get away with it..

In terms of the Freedom of Religion, Catholics believe that the Church is given the mission by Christ to preach the Gospel to all nations. This includes teaching about sin and the need for repentance. We cannot be forced to do what we think is evil and we cannot be forced by the government to teach only what they want us to teach. The Constitution, in this respect, recognizes that the government does not have the right to make such demands on a person. But more and more often, we are seeing the government decree (or permit lawsuits) that do make such demands, while denying the rights of the Christians to live as they believe they ought—particularly if they run a business.

In terms of Freedom of Speech, we are seeing amazing hypocrisy. Christians in America are constantly being told that if we don’t like something, just ignore it. But when others hear Christians say or do things they dislike, we’re told to cease and desist. There’s no freedom of speech there. At a bare minimum, we can say, either give us the same freedoms that our critics possess or give them the same restrictions they give us. Otherwise, there is no freedom.

Our rights to petition the government peaceably for grievances are being denied. When we enact laws which promote the shared values of a majority of citizens, the result is unelected courts overturning the laws they dislike—not by a blind equality for both sides, but by an unequal favoritism towards some views.

Now, it is disappointing that Marquette went along with this policy, instead of standing up for what was right. But let’s remember that the symptom of Marquette reflects the real problem—that publicly expressing what we believe is right means we can suffer legal penalties for being obedient to Christ in a way that even the most indifferent person should recognize is a right the Constitution promises and the government ignores.

TFTD: In Case You Thought the Battle Was Over

Article: "Judge Rules Missouri Gay Marriage Ban Unconstitutional - NBC News.com."

Just a reminder that the battle in standing up for what is right in the face of those who call evil good is not over. The president can still abuse the executive order and judges can still legislate from the bench. All the change of power in Congress will accomplish is preventing some appointments that would enable evil and reducing the number of bills from Congress seeking to expand immoral acts as “rights” from making it to the President’s desk.

Personally I think politicians who are lukewarm in their support of Christian morality are better than politicians who openly advocate what we call evil. But it’s still inferior to the politicians who take their Christian beliefs seriously and view their office as a vocation to do right.

But of course, the lukewarm politicians are not likely to become fervent unless we become vessels bringing God’s grace.

So, no, the battle is not over. We can’t relax just because the majority of members of Congress have changed the letter of their party affiliation from a D to an R.

The battle’s not over until God calls us home.

TFTD: In Case You Thought the Battle Was Over

Article: "Judge Rules Missouri Gay Marriage Ban Unconstitutional - NBC News.com."

Just a reminder that the battle in standing up for what is right in the face of those who call evil good is not over. The president can still abuse the executive order and judges can still legislate from the bench. All the change of power in Congress will accomplish is preventing some appointments that would enable evil and reducing the number of bills from Congress seeking to expand immoral acts as “rights” from making it to the President’s desk.

Personally I think politicians who are lukewarm in their support of Christian morality are better than politicians who openly advocate what we call evil. But it’s still inferior to the politicians who take their Christian beliefs seriously and view their office as a vocation to do right.

But of course, the lukewarm politicians are not likely to become fervent unless we become vessels bringing God’s grace.

So, no, the battle is not over. We can’t relax just because the majority of members of Congress have changed the letter of their party affiliation from a D to an R.

The battle’s not over until God calls us home.