Raymond
B. Marcin is Professor of Law at the Catholic University of America in
Washington, D. C.
In November 1998
the Catholic bishops of the United States issued a statement entitled Living the
Gospel of Life. A Challenge to American Catholics. "The Gospel of Life," the
bishops asserted, "must be proclaimed, and human life defended, in all places
and all times. The arena for moral responsibility includes not only the halls of
government, but the voting booth as well" (#33). They addressed their challenge
especially to "those in positions of leadership, " stating that "no one ... who
exercises leadership ... can rightfully claim to share fully and practically the
Catholic kith and yet act publicly in a way contrary to that faith" (#7). And
they made this categorical statement: "Catholic public officials who disregard
Church teaching on the inviolability of the human person indirectly collude in
the taking of innocent life" (#29).
This was a meaningful
call for fidelity to the Church's teaching and a ringing affirmation of the
Church's stance against abortion. Moreover, the bishops reminded Catholic
officials of "the consequences for their own spiritual well being, as well as
the scandal they risk by leading others into serious sin" (#32). To suggest that
the bishops could have stated those "consequences" specifically (namely, the
risk of eternal damnation), and to suggest that they could have applied the word
"sin" to the politicians as well - these may be quibbles, for the bishops'
statement was indeed a strong one.
Why then has compliance
with the statement been invisible to the naked eye? In a different era, would
not such a statement have resulted in a surge of Catholic politicians
unreservedly answering the bishops' call? Yet I can't think of a single Catholic
politician who has announced since November his abandonment of the dodge
"I'm-personally-opposed-to-abortion-but...." In a different era, would not there
have been a ground-swell of gratitude from Catholic citizens for the moral
leadership displayed by their bishops, followed by a pledge to be diligent in
assessing the pro-life positions of all political candidates? Yet no such result
has followed upon the issuance of Living the Gospel of Life.
The reason may be that as
sincere as the bishops sound and as compelling as their vision is, their
statement lacks a crucial ingredient - an ingredient necessary in the era in
which we live. For if we ask how the bishops propose to respond to Catholic
public officials who "contradict the Gospel of Life through their actions and
policies" (#29), their answer is merely this: They will "explain, persuade,
correct, and admonish" (#29).
A few years ago Fabian
Bruskewitz, Bishop of Lincoln, Nebraska, lifted the hearts of orthodox Catholics
starved for leadership when he announced that those Catholics in his diocese who
continued to remain members of certain "pro-choice"
organizations, including Planned Parenthood and Catholics for a Free Choice,
would be excommunicated from the Church. And they were excommunicated. It is a
sad commentary on our times in the Church that when Bishop Bruskewitz did that,
he stood alone among American bishops. It is no quibble to suggest that what is
missing from the bishops' recent pro-life statement is a healthy dose of
Bruskewitz-like courage; what is missing is a warning that Catholic politicians
who fail to adhere to the teachings of Living the Gospel of Life will incur
excommunication.
There is another, more
subtle reason why the U.S. bishops' statement has not had its intended effect
among Catholic politicians and Catholics in general. Catholic politicians and
Catholic voters can still use "I'm-personally-opposed-but" to justify their
departure from the Church's moral teaching because of years of irresponsible
invocation and overuse of what in high Church circles is known as the "seamless
garment" position.
Come election
time, there are usually voter information columns in various Catholic diocesan
newspapers, usually based on a statement issued every four years by the U.S.
Catholic Conference (U.S.C.C.) in the name of the U.S. bishops. The columns
usually come fairly late in the game, just before election day, and they contain
some variant of the "seamless garment" argument, also deployed by the U.S.C.C.
The columns usually begin by announcing a firm, orthodox Catholic opposition to
abortion, and then go on to list, say, fifteen other issues that should be of
concern to Catholic voters. The columns usually end with the suggestion that one
should not be a single-issue voter but should instead take all the issues listed
into account, which is what the U.S.C.C. statement says.
The subtle verdict of the
presumably nonpartisan election-eve columns is that, given the way politicians
usually fine up on the issues, the pro-life cause
loses fifteen to one. Doubtless some pro-life
Catholics thereupon go out and vote - perhaps with a twinge of discomfort but
nonetheless in good conscience - for the pro-abortion candidate who takes the
supposedly more enlightened stance on the other fifteen issues. Look at what
happened in the 1996 presidential election. Bill Clinton is the most pro-abortion
president we've had. He even vetoed the Congressional ban on partial-birth
infanticide. Yet incredibly, Catholics voted for him by a larger margin than did
American voters generally.
So pro-abortion
candidates continue to be elected, with the help and the votes of many otherwise
prolife Catholics, and abortion continues, unchallenged in any serious way. The
seamless garment approach usually has this result. But there is a germ of truth
in it. Even Living the Gospel of Life, in a similar but decidedly more
responsible use of the "seamless garment" metaphor, stresses a linkage between
the pro-life position and "issues of racism, poverty,
hunger, employment, education, housing, and health care," and it contains a
somewhat similar suggestion that Catholic citizens and Catholic public officials
have an obligation to address each of these other social issues. To their credit
the bishops add this sentence in italics: "But being 'right' in such matters can
never excuse a wrong choice regarding direct attacks on innocent human life"
(#23). The election-eve columns seldom if ever include such a caveat. Will they
now? Probably not, because the bishops addressed that italicized sentence only
to "Catholic public officials," and did not say unequivocally that Catholic
citizens should give the pro-life issue supremacy in
their assessment of candidates. In the absence of such a clear statement, the
bishops' statement might be understood by the cursory reader in the same sense
as those election-eve columns we've seen.
Voting on moral, social,
and environmental matters does involve issue-balancing. It may help, however, to
view the demands of issue-balancing from a less superficial vantage point. What
actually sits on either side of the issues balancing scale? On one side of the
balance - the pro-life side - there is a fact
Thirty-five million dead human babies, and counting. On the other side of the
scale - the cumulative social and environmental side - there is, what?
Essentially there's nothing there but an opinion. The opinion is that, to put it
in simple terms, liberal solutions to domestic problems are better than
conservative solutions - that taxing heavily and giving big money to government
bureaucracies and trusting that it will trickle down to the benefit of poorer
people is a better solution to our social problems than not taxing heavily and
letting private business make big money and trusting that it will trickle down
to the benefit of poorer people.
Some will instantly see
that a death toll of 35 million babies outweighs an opinion that one political
philosophy is better than another. But some will not see it. Media influence
over social ideology is such that a closer examination of the pro-life
side of the balance may be needed. The media, reflecting the world's values,
have habitually portrayed those who favor legal abortion as the sensitive and
caring ones, and have denied such praise to those who favor protecting the lives
of pre-birth children. It is only recently, and principally in the context of
the national debate over partial-birth infanticide, that compassion is being
recognized as existing on the pro-life side. Do
sensitive and caring people allow the horribly painful killing of an
all-but-born child?
Research published in the
prestigious British medical journal The Lancet in 1994 concluded that human
fetuses, at some time during the second trimester, exhibit all the physiological
indications of sensitivity to pain. The article ended with this suggestion:
"Just as physicians now provide neonates with adequate analgesia, our findings
suggest that those dealing with the fetus should consider making similar
modifications to their practice. This applies not just to diagnostic and
therapeutic procedures on the fetus, but possibly also to termination of
pregnancy, especially by surgical techniques involving dismemberment." In other
words, babies in the womb feel pain, and abortionists might consider drugging
them before tearing them apart.
Pro-abortion advocates
often argue that fetuses are not human beings. it sometimes surprises people to
learn that the Supreme Court, in its infamous Roe v. Wade decision back in 1973,
did not rule that fetuses are not human beings. The Court said that the
proposition is debatable, declared its own inability to settle the debate, and
ruled that, human or not, fetuses are not "persons" within the meaning of the
U.S. Constitution. Some have considered this to be the great moral flaw in the
Roe opinion, for if there is honest doubt as to whether a given entity is a
person (and the Court admitted as much in Roe), a truly humane and civilized
society should and would resolve that doubt in favor of personhood, rather than
against it.
A similar moral position
applies to the issue of fetal pain. Even if there is only an honest doubt as to
whether a child in the womb feels pain, a truly humane and civilized society
ought to resolve that doubt in favor of the thesis that fetuses do feel pain. So
we can add to the pro-life side of the balance the
infliction of pain on innocent human beings. Those millions of babies did not
evaporate or simply disappear. They were brutally exterminated.
Abortion methods are
disturbing to contemplate, but they are facts, and they must be known if the
morally crucial questions of fetal pain and fetal personhood are to be looked
into seriously and not polemically. From the suction-aspiration technique
commonly used in early pregnancies (which involves violent tearing and
dismemberment) to the dilation-and-curettage method (cutting the baby's body
into pieces and scraping the pieces into a basin) to the dilation-and-evacuation
method commonly used after 12 weeks (twisting and tearing the baby's body parts
off, snapping the baby's spine, and crushing her skull for easier evacuation) to
the saline-injection method commonly used after 16 weeks (insertion into the
baby's sac of a poisonous solution that bums the baby alive as she kicks and
jerks) to the hysterectomy and certain chemical methods (which essentially
involve the premature delivery and subsequent neglect of fetal babies and which
are in some disfavor because not infrequently the babies survive) to the now
infamous partial-birth technique used in late-term abortions (which involves
delivery of all but the head of the baby in the breech position, the stabbing of
the points of surgical scissors into the base of the skull of the
all-but-delivered child, the suction removal of the child's brain, the crushing
of the emptied skull, and then the completion of the delivery of the corpse of
the baby) - the business of aborting fetal children cries out for moral review
and analysis.
Mother Teresa once said,
with obvious reference to the United States: "Any country that accepts abortion
is not teaching its people to love, but to use any violence to get what they
want. This is why the greatest destroyer of love and peace is abortion." The
then Surgeon General of the U.S., Joycelyn Elders, uttered one of the
pro-abortion movement's most candid responses to Mother Teresa: "We would like
for the right-to-life and anti-choice groups to really
get over their love affair with the fetus." It is perhaps the single greatest
moral judgment on our society that we have adopted the dismissive cynicism of
Joycelyn Elders over the altruism of Mother Teresa.
On one side of the
balance, then, are dead human babies and (very likely, in many instances)
unimaginable pain. On the other side is an opinion about which political
philosophy is better. There's a contest? Catholic politicians and Catholic
voters must grasp that abortion is the defining social issue, the defining
ethical challenge of our age. Each of us is destined some day to be called to
account for our response to that challenge, and it may not be a sufficient
answer to tell the Creator that we tolerated the slaughter of His children
because we preferred one political philosophy to another or were "personally
opposed, but...."
With Living the Gospel of
Life, our shepherds have taken a step forward, for which we must be grateful,
but they still have more steps to take if they really want to lead their flock
to live out the Gospel of Life.