NOTRE DAME SEMINARY

 

 

 

 

Abortion and the Public Square:

The Political Responsibility of Catholic Voters and Catholic Politicians

 

 

 

 

MT 201 Human Sexuality and the States of Life

 

 

Jose I. Lavastida, S.T.D.

 

 

 

 

 

 

 

November 23, 2004

 

 

By

 

 

Ron Courtade


On January 22, 1973 the U. S. Supreme Court issued its ruling in the cases of Roe v. Wade[1] and Doe v. Bolton,[2] thrusting a woman’s “right to abortion” into the federal public square in a way that it had not been up to that point in time.[3] Since that fateful decision the U. S. Supreme Court has expanded the so-called “right of privacy” to allow abortions without spousal consent[4] and without parental consent for minors.[5] The Court has audaciously struck down a Nebraska state law to curb the barbaric practice of “partial birth abortion.”[6] In light of a “culture of death” that accepts, promotes and zealously defends a “woman’s (and minor girls’) right to choose abortion,” what are Catholic’s in general, and more particularly what are Catholic voters and politicians to do? In other words, what is the political responsibility of Catholic voters and Catholic politicians? This paper, written for Catholic voters or politicians, will attempt to answer that question by presenting three things: (1) what the church teaches about abortion and political responsibility; (2) how and under what circumstances, if any, Catholic voters may, in good conscience,[7] vote for pro-abortion political candidates; and (3) how and under what circumstances, if any, Catholic politicians may, in good conscience, vote for legislation that lessens the evil effects of abortion, but does not eliminate all abortions[8].

Church Teaching on Abortion and Political Responsibility

            The Church unequivocally teaches that direct abortion is morally wrong, a “grave offense.”[9] The church offers two explanations for her teaching. On the one hand she offers a theological explanation, and on the other hand, she offers a philosophical explanation. The Church’s theological explanation comes from divine revelation received through Sacred Scripture and Tradition,[10] while the Church’s philosophical explanation relies on natural law reasoning.[11]

As Pope John Paul II (JP II) has observed, “The texts of Sacred Scripture never address the question of deliberate abortion and so do not directly and specifically condemn it. But they show such great respect for the human being in the mother’s womb that they require as a logical consequence that God’s commandment ‘You shall not kill’ be extended to the unborn child as well.”[12]

Further, the Old Testament scriptures show a great respect for all human persons. Specifically, Genesis 1:26-27 says that God made man (and woman) in his “image and likeness.”[13] This divine truth applies to all people in every age. While there is debate among scientists and ethicists whether the fetus in his mother’s womb is a person or not, there is no such ambiguity within the Church. She teaches that the fetus, from the moment of conception, is a person made in the “image and likeness” of God. Thus, the fetus is “sacred” and has an inviolable dignity, value, and worth, regardless of race, gender, class, age or any other human characteristics. Human dignity is not something we earn by our good behavior, or through our skill or efforts; it is something we have as children of God.[14]

The New Testament provides theological foundation for the Church’s teaching against abortion. Consider Matthew 25:1-46, where we read that we should care for the poor, vulnerable and marginalized. From this the Church, in her social justice teachings, has developed “the preferential option of the poor.” Like the poor, but more so, the unborn are vulnerable, helpless and marginalized, in need of defense, special care and protection. Thus, the Church calls each one of us to defend the right to life for the unborn.[15]

The Church’s teaching against direct abortion did not arise yesterday or last week. In fact the church’s teaching is rooted deeply in the Tradition of the Church. Tradition here is understood as those teachings that relate back to the early church. The earliest specific written references to abortion are those in the Didache and the Epistle of Barnabas. The Didache dates back to the early second century. It says, “Thou shalt not murder a child by abortion.”[16] The Epistle of Barnabas is a more theological tract on Christian life and thought that repeats the same “Thou shalt not” statement.[17] Interestingly, the statement just prior to the prohibition against abortion says, “Thou shalt love thy neighbor more than thy own life.”[18] These two sources show that the “thou shalt not abort” becomes a sub-commandment of the commandment not to murder.[19] Further, since the fetus is seen, not as a part of its mother, but as a neighbor, abortion is rejected as contrary to the second great commandment of Jesus to “Love thy neighbor.”[20]

The apologists of the second and third centuries had two unavoidable tasks, self-definition and self-defense of the faith.[21] Athenagoras (late 2nd century) said that abortion is murder and that the fetus is a living being, albeit dependent on the mother.[22] Tertullian, around 210-213 A.D., taught that life begins at conception when soul and body are created. He was the first Christian to make the explicit connection between biblical passages and abortion.[23]

Lastly, the Church Fathers of the fourth and fifth centuries, namely Basil of Caesarea, Jerome, Ambrose, Augustine and John Chrysostom were uniform in their condemnation of abortion.[24] For Basil, Ambrose and Chrysostom there was no distinction between a formed or unformed fetus. However, for Jerome and Augustine, they believed that there should be less of a penalty for abortion of an “unformed” fetus. Based on Aristotle’s biology it was believed that the unformed fetus was not “animated,” that is did not have his/her soul. But make no mistake about it, all Church Fathers taught that abortion was illicit and morally wrong.[25]

Natural law reasoning has been part of the Church’s tradition since early times. Thomas Aquinas defined natural law (NL) as the “participation of a rational creature in the eternal law.”[26] JP II has stated that NL is that law written in every human heart, knowable by reason itself and proclaimed by the church.[27] The benefits of NL are (1) that it is universal, applicable to all people in every age and (2) that it aids in determining which human actions are morally right or wrong through the application of human reason alone, without the use of divine revelation.[28] Utilizing NL the Church reasons that abortion is wrong because it destroys a human life, one created at the moment of conception when the sperm and egg meet. Both the sperm and the egg, individually, will naturally die within hours or days. But if they meet, without artificial interruption they can live together, the result being a human person, not a fish, frog or mouse.[29]

Based on Sacred Scripture, Tradition and Natural Law, the Magisterium has taught consistently, clearly and “vigorously” that direct abortion is wrong.[30] First, the most recent of the 21 ecumenical councils in church history was the Second Vatican Council held between 1962-1965. In the constitution, The Church in the Modern World, the council fathers stated that, “abortion and infanticide are abominable crimes.”[31] Second, recent papal documents teaching against abortion include HumanaeVitae[32] and Evangelium Vitae.[33] JP II has said, quoting Paul VI, “that this tradition is unchanged and unchangeable.”[34] Third, the Congregation for the Doctrine of the Faith (CDF) has published several documents reaffirming the Church’s teaching against direct abortion, most notably the Declaration on Abortion in 1974[35] and most recently, a Memorandum On Worthiness to Receive Holy Communion in June 2004.[36] And fourth, the United States Conference of Catholic Bishops (USCCB) has published, “Living the Gospel of Life: A Challenge to American Catholics.”[37]

            Regarding political responsibility, the Church teaches that all Catholics have a three-fold responsibility:[38] (1) to participate in the political process to the fullest extent allowed by the government;[39] (2) to promote the common good;[40] and (3) to support the Church’s teachings in the public square.[41]

Catholic Voters

How and under what circumstances, if any, may Catholic voters vote for pro-abortion candidates? At first glance the question seems absurd and ludicrous and invites the answer, “Never!” That is, a practicing Catholic should never vote for a pro-abortion candidate. That is certainly true. The Church teaches that a Catholic voter should never vote for a pro-abortion candidate because he/she is pro-abortion.[42] But sometimes the choices between candidates is not that clear cut. Take the 2004 presidential election. There we had two candidates, President Bush who was “pro-life with exceptions,” which really means pro-abortion in some cases, and Senator Kerry who was 100% pro-abortion. The national polls tell us that 52% of Catholics voted for President Bush, while 48% of Catholics voted for Senator Kerry.[43] Did those 48% of Catholics who voted for John Kerry commit a sin by voting for John Kerry? Individual sin is a subjective determination based on intention (knowledge), action (object) and circumstances and is left to God alone to judge. However, Catholic moral theology allows an objective analysis of behavior to determine if, under the circumstances, that behavior is moral or immoral. Thus, a better question might be, was it moral, under the circumstances, for Catholics to vote for Senator Kerry, a pro-abortion candidate, over President Bush, a “pro-life with exceptions” candidate?

Utilizing Catholic moral theology the starting point to determine if a vote for Kerry was moral or immoral lies in understanding the difference between formal cooperation and material cooperation.[44] Formal cooperation consists in deliberately participating in an illicit act or willingly and approvingly providing assistance for an illicit act to take place.[45] All formal cooperation is gravely immoral. For Catholic voters, “One is formally complicit in the injustice of abortion when one votes for a candidate even partially on the basis of his or her pro-abortion positions.”[46]

Material cooperation consists in providing indirect or remote assistance for an illicit act to take place, but with total disapproval of the illicit act itself.[47] Most material cooperation is gravely immoral; however there may be some limited circumstances under which certain forms of material cooperation are permissible. But what circumstances? Cardinal Ratzinger wrote in his June 2004 Memorandum On Worthiness to Receive Holy Communion that, “When a Catholic does not share a candidate’s permissive stand in favor of abortion . .  . but votes for that candidate for other reasons, it is considered remote material cooperation, which can be permitted in the presence of proportionate reasons.”[48] (Emphasis added).  The absence of an explanation for “proportionate reasons” caused confusion in the minds of many Catholics, who reasoned that they could vote for Kerry, the pro-abortion candidate, so long as they were voting for him for reasons other than his pro-abortion position.

To try to clear the confusion there was great discussion among bishops and theologians within the Catholic community over the meaning of “proportionate reasons.” In their role as shepherds and teachers of the faith, and in no way trying to tell voters how to vote, over 100 U.S. bishops issued statements on the political responsibility of Catholics.[49] Some of the bishops’ statements included an explanation of “proportionate reasons.” For those bishops and theologians who weighed in on the meaning of “proportionate reasons,” there seems to be agreement that it means making a comparison. There was however some striking differences on what should be compared to determine “proportionate reasons.”

The differences on what should be compared can be put into three categories. First, there are those bishops and theologians who compare each candidates’ stance on abortion, only, and make that comparison determinative.[50] Second, there are those bishops and theologians who compare each candidates’ platform on the “life” issues only, giving greater weight to those life issues that are “fundamental,” (where there can be no disagreement among Catholics), such as abortion and euthanasia, and less weight to those life issues that allow “prudential judgment,” (where there can be disagreement among of Catholics), such as capital punishment or just war.[51] And third, there are those bishops and theologians who compare each candidates’ entire platform, including all “life” issues along with all other “social justice” issues, such as immigration, taxes, capital punishment, health care, education, etc.[52]

In my humble opinion, I think those bishops and theologians in the first category are in harmony with Cardinal Ratzinger’s statement. While their approach to determine “proportionate reasons” may be somewhat myopic, I think Bishop Sheridan put it best when he said, “There is, however, one right that is ‘inalienable’, and that is the RIGHT TO LIFE. This is the FIRST right. This is the right that grounds all other human rights. This is the issue that trumps all other issues.”[53]

Likewise, I think those bishops and theologians in the second category are in harmony with Cardinal Ratzinger’s Memorandum, particularly paragraph 3 which states, in pertinent part, “Not all moral issues have the same moral weight as abortion . . . There may be a legitimate diversity of opinion even among Catholics about waging war and applying the death penalty, but not however with regard to abortion and euthanasia.”

 Finally, I respectfully disagree with the bishops and theologians in the third category, those advocating comparison of each candidates’ entire platform. This is contrary to paragraph 3 of Cardinal Ratzinger’s Memorandum. I believe that to equate fundamental “life” issues with prudential “life” issues and all other “social justice” issues misses the mark.

CATHOLIC POLITICIANS

            Politics is not for the faint of heart and requires courage. This is never truer than for Catholic legislators in 21st century American politics, where there are constant affronts to the sacredness of life and the dignity of the human person, especially in the areas of abortion, euthanasia, and bio-medical and reproductive technology. In a culture where the “right to choose abortion” is a constitutionally protected right that can only be dismantled by a constitutional amendment or a U. S. Supreme Court case that overturns Roe v. Wade, neither of which appear likely any time soon, how should a Catholic legislator vote on a piece of legislation, albeit “imperfect,” that will lessen the evil effects of abortion but will not eliminate all abortions? Should he/she abstain? Vote against the imperfect bill? Or vote for the imperfect bill?

To abstain would be to shirk one’s duty and is contrary to Church teaching. That leaves the option “to vote for” or “to vote against” an imperfect bill, which may appear to be a Shakespearian tragedy. If the Catholic legislator votes for the imperfect bill, some, but not all, lives will be saved; however, if the Catholic legislator votes against the imperfect bill then no lives will be saved. The best teaching from the Church on this topic is Pope John Paul II’s encyclical, Evangelium Vitae. In Paragraph 73 the pope lays out a clear presentation of the specific circumstances that must exist that “could licitly” allow a Catholic legislator to vote for a law that lessens the evil effects of abortion without eliminating all abortions. The pope says, “[Voting for such a law] does not in fact represent an illicit cooperation with an unjust law, but rather a legitimate and proper attempt to limit its evil aspects.”[54] The CDF[55] and the USCCB[56] have both affirmed the teaching that a Catholic legislator may vote for an imperfect piece of legislation that lessens the evil effects of abortion without eliminating all abortions.

Based on the aforementioned Church documents it seems clear that the Church teaches that a Catholic politician “could licitly” (i.e. may) vote for legislation that lessens the evil effects of abortion, while not eliminating all abortions, but he/she is not obligated by conscience to vote for such legislation. In not obligating a legislator’s conscience, the Church resolves the apparent Shakespearian tragedy by recognizing that either a “vote for” or a “vote against” imperfect legislation is morally acceptable. In essence, the Church is leaving the decision to the prudential judgment and conscience of each elected official.

            Recognizing that Church teaching does not compel a vote for “imperfect” legislation, some pro-life Catholics advocate that a Catholic politician should always vote against “imperfect” legislation. In other words they propose that pro-life legislators should accept “no exceptions.” Their rationale is three-fold: (1) A vote for “imperfect” legislation weakens the position that all unborn life is sacred;[57] (2) a vote for “imperfect” legislation conveys to the public that abortion is negotiable, which in the end verifies the non-personhood of the unborn;[58] and (3) a vote for “imperfect” legislation allows “an attack mystically upon Jesus Christ, Who meant it when He said, ‘Whatsoever you do to the least of My brethren, that you do unto Me.”[59]

            Another argument used by Catholic legislators to vote against legislation that would reduce the harm done by legalized abortion is the, “I’m personally opposed to abortion, but I can’t force my morality on someone else” argument.[60] In my opinion, this argument is flimsy, disingenuous and politically expedient, and it reminds me of Pontius Pilate, who was “personally opposed, but. . .”[61] If that does not convince you of the absurdity of this position think about these arguments: “I’m personally opposed to slavery, but . . .” Or, “I’m personally opposed to prostitution, but . . .” Or, better yet, “I’m personally opposed to using cocaine, but . . .” These arguments are so ridiculous they do not seriously pass the laugh test. Nevertheless these arguments work for a “culture of death” that is bent on keeping a “woman’s right to choose abortion” legal under all circumstances. Unfortunately, many Catholic legislators fall prey to this illicit material cooperation.     

 

 

 

 

 

 

 

 

 ENDNOTES

 

 



[1] Roe v. Wade, 410 U.S. 113 (1973).

[2] Doe v. Bolton, 410 U.S. 179 (1973).

[3] Prior to these cases the regulation of abortion was a states’ rights issue. However, on January 22, 1973 the constitution came to mean, “[A]bortion was an American freedom.” On that day the words of the constitution had not changed from the time of its original ratification in 1789, when abortion was considered a crime at common law. Also, at the time when the 14th Amendment was enacted every state had a criminal law to regulate abortion. John T. Noonan, Jr., A Private Choice, Abortion in America in the Seventies (New York: The Free Press, 1979), 6 – 9.

[4] See U. S. Supreme Court cases: Planned Parenthood of Central Missouri v. Danforth, 428 U.S. 52 (1976) and Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992).

[5] See U.S. Supreme Court cases: Bellotti v. Baird (II), 443 U.S. 622 (1979) and Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992). The law requires either parental consent or “judicial bypass,” which means a minor may get an abortion without her parents consent, but with court approval.

[6] Stenberg v. Carhart, 530 U.S. 914 (2000). Partial birth abortion is medically called dilation and extraction. It is a gruesome and brutal technique used in the final months of pregnancy and sometimes at or near complete gestation or term. “The operation takes place in five stages: first, guided by ultrasound, the person carrying out the abortion, possibly after reversing the position of the fetus in the uterus, takes hold of the feet with forceps. He then draws the legs of the fetus from the womb causing the birth and extracting the baby’s whole body apart from the head. Next, he makes an incision at the base of the infant’s skull through which he inserts the point of a pair of scissors to puncture the cranium. A tube is then inserted through which the brain and the content of the cranium are sucked out. At this point, to conclude the abortion, the head, now reduced in size, is extracted and the dead infant delivered.” L’OSSERVATORE ROMANO, WEEKLY EDITION IN ENGLISH, (Vatican City, 4 June, 2003), 6-7. The U. S. Supreme Court will most certainly get another chance to pass its opinion on that matter since the U. S. Congress passed and President Bush signed the Federal Law prohibiting the dilation and extraction procedure, and a federal district judge has declared the law unconstitutional. Associated Press. “Bush signs ban on late-term abortion.” Available [Online]: CNN.com – November 6, 2002 < http://www.cnn.com/2003/ALLPOLITICS/11/05/abortion.ap/> [Accessed 11/15/04] and Anna Stolley, Ellen Uchimiya, and The Associated Press. “Judge Blocks Parital-Birth Abortion Ban.” Available [Online]: Fox News Channel – June 2, 2004

<http://www.foxnews.com/story/0,2933,121435,00.html > [Accessed 11/15/04].

[7] By “good conscience” I am referring to a “moral conscience” that makes a “right judgment.” Catechism of the Catholic Church, 1776-1802. [Subsequent references will use the abbreviation CCC]. CCC, 1796 says that, “Conscience is a judgment of reason by which the human person recognizes the moral quality of a concrete act.” And CCC, 1799 provides, “Faced with a moral choice, conscience can make either a right judgment in accordance with reason and the divine law or, on the contrary, an erroneous judgment that departs from them.” 

[8] The evil effects of abortion can be limited in a variety of ways, such as: fetal homicide bills that do not specifically exclude abortion from coverage; prohibitions on wrongful life/wrongful birth lawsuits; conscience clauses for doctors, health care workers, facilities, and police officers that allow individuals or institutions to refuse to participate in abortion or abortion-related activity; prohibitions on the use of public funds/ facilities/employees for abortion, including bans on abortion coverage in public employees' health insurance plans; disinvestment from public pension funds, and other bans against using taxpayer funding of abortion or abortion-related services; measures supporting crisis pregnancy centers that do not perform abortions and neither counsel nor refer for abortions; and  bans on the transplantation of fetal tissue obtained from induced abortions. American Life League. “Legislative Policy.” Available [Online]: <http://www.all.org/policy.htm> Select: Legislative Policy [Accessed 11/15/04].

[9] CCC, 2270-2275, 2322 and 2323.

[10] The Magisterium enjoys ultimate authority and competence regarding divine revelation in determining matters of faith and morals. Dei Verbum, #10. The assent required of Catholics depends on the nature of the Church’s teaching. Infallible teachings, such as ex cathedra statements and teachings against abortion and euthanasia, require an act of faith on the part of the faithful. Practically speaking this means that one should accept the teaching as certain and one may not dissent from these teachings. Jose’ I. Lavastida, S.T.D., Human Sexuality and the States of Life, MT 201 – Fall, 2004, Handout on Modes of Church Teaching.  

For those teachings that are non-infallible, such as immigration, just war, economic rights, etc., “submission of mind and will” is required. Basically, this means that one should give all deference to the teaching, inform oneself completely about the teaching, make a judgment of conscience regarding the teaching, but one may dissent and remain in good standing. Lumen Gentium, #25.

[11] The Magisterium enjoys competence to interpret the natural moral law. Humanae Vitae, #4; and Evangelium Vitae, #62. For assent required see endnote number 10.

[12] Evangelium Vitae, #61.

[13] All biblical references are from the New American Bible, St. Joseph Medium Size Edition, 1992.

[14] CCC, 2319 and 2323.

[15] CCC 2323.

[16] Michael J. Gorman, Abortion & the Early Church, Christian, Jewish & Pagan Attitudes in the Greco-Roman World,  (New York: Paulist Press, 1982), 49.

[17] Ibid., 49.

[18] Ibid.

[19] Ibid., 50.

[20] Ibid.

[21] Ibid., 53.

[22] Ibid., 54.

[23] Ibid., 54 and 56.

[24] Ibid., 66-73, and Daughters of St. Paul, ed., Life – A Gift of God (Boston: St. Paul Editions, 1985), 206-208.

[25] Daughters of St. Paul, 206.  

[26] David Bohr, Catholic Moral Tradition, Revised (Huntington: Our Sunday Visitor Publishing Division, Our Sunday Visitor, Inc., 1999), 151.

[27] Evangelium Vitae, #62.

[28] Dianne Irving, M.A., Ph.D., “Abortion: Correct Application of Natural Law Theory,” Available [Online]: lifeissues.net – 2000 <http://www.lifeissues.net/writers/irv/irv_08natlaw.html> [Accessed 11/15/04], 3.

[29] For a good presentation of Natural law see Eugene Hoyas, “A brief, air-tight argument against abortion” New Oxford Review, 68(8), (September 2001): 18-20, 22.

[30] Evangelium Vitae, #62.

[31] Gaudium et Spes, #51.

[32] Humanae Vitae, #14. Abortion as a means to regulate birth is illicit.

[33] Evangelium Vitae, #62. Abortion is a “grave moral disorder.”

[34] Ibid.

[35] Franciscus. Cardinal Seper, Sacred Congregation For The Doctrine Of The Faith, Declaration on Abortion. Rome, 1974, paragraphs 6-7.

[36] Joseph Cardinal Ratzinger, “Memorandum: Worthiness to Receive Holy Communion – General Principles,” Congregation For The Doctrine Of The Faith, Rome, 2004, paragraph 2. Available [Online]: < http://www.wf-f.org/Catholics_and_Politics.html#anchor48018164> [Accessed 11/15/04].

[37] USCCB. “Living the Gospel of Life: A Challenge to American Catholics.” United States Conference of Catholic Bishops, 1998. Available [Online]:

< http://www.usccb.org/prolife/gospel.htm> [Accessed 11/15/04].

[38] CCC, 1905-1917 and 1924 – 1927.

[39] Gaudium et Spes, #31 and 75; Pacem in Terris, # 73-74; Joseph Cardinal Ratzinger, “Doctrinal Note on some questions regarding the participation of Catholics in political Life,” Congregation For The Doctrine Of The Faith, Rome, 2002.  Available [Online]: < http://www.wf-f.org/CDF-Politicians.html> [Accessed 11/15/04], paragraph 1; and USCCB. “Faithful Citizenship: A Catholic Call to Political Responsibility.” United States Conference of Catholic Bishops, September, 2003. Available [Online]:

< http://www.usccb.org/faithfulcitizenship/bishopStatement.html> [Accessed 11/15/04], pages 5 and 20.

[40] The common good is the sum total of al the conditions of social living that makes it possible for all human beings (including the unborn) to achieve their full potential. Gaudium et Spes, #26 and Mater et Magistra, #65.

[41] Pacem in Terris, # 69; Octogesima Adveniens: A Call to Action on the Eightieth Anniversary of Rerum Novarum, #48; Ratzinger, Doctrinal Note, # 1; and USCCB, Faithful Citizenship, p 4 and USCCB. “Catholics in Political Life” United States Conference of Catholic Bishops, June, 2004. Available [Online]:

< http://www.usccb.org/bishops/catholicsinpoliticallife.htm> [Accessed 11/15/04], page 2.

[42] CCC, 2272.

[43] Paul Kengor, “Kerry loses his faith,” Available [Online]: The American Spectator - November 5, 2004 [Accessed 11/15/04] < http://www.spectator.org/dsp_article.asp?art_id=7355> [Accessed 11/15/04].

[44] Understanding the difference between the two is best illustrated with a simple example: A gun manufacturer (M) makes a gun that is sold by a gun dealer (D) to person (A) who then knowingly gives the gun to person (C) so that person (C) can use the gun to commit a crime. Under these circumstances M and D have materially cooperated. M’s cooperation is very remote and harmless. D’s cooperation is less remote and may or may not be illicit, depending on whether D knew what A was going to do with the gun or not. A’s behavior on the other hand constitutes formal cooperation and is therefore illicit.

[45] Edmund Casimir Szoka, Abp., “Formal and Material Cooperation in Moral Theology,” Origins, 12, (March 31, 2001): 679.

[46] John J. Myers, Archbishop of the Diocese of Newark, “The obligations of Catholics and the rights of unborn children, A Pastoral statement,” Available [Online]: 1990 < http://www.wf-f.org/Myers-90-cooperation.html> [Accessed 11/15/04].

[47] Szoka, Abp., “Formal and Material Cooperation in Moral Theology,” 679.

[48] Ratzinger, Memorandum – Worthiness.

[49] Women for Faith & Family. “Statements by Bishops on Catholics and Political Responsibility.” Updated November 5, 2004. Available [Online]:

< http://www.wf-f.org/Bishops_Catholics_Politics.html> [Accessed 11/15/04].

[50]  Bishops’ Sheridan, Burke, Gracida and Myers and Catholic theologian George Weigel all reach the same conclusion, but for slightly different “proportionate reasons.” For Bishop Sheridan, the “RIGHT TO LIFE . . . is the FIRST right. This is the issue that trumps all other issues.” Michael Sheriden, Bishop of the Diocese of Colorado Springs, “A Pastoral Letter to the Catholic Faithful of the Diocese of Colorado Springs on the duties of Catholic Politicians and Voters,” Available [Online]: May 1, 2004  <http://www.wf-f.org/Sheridan_May1Letter.html > [Accessed 11/15/04]. Bishop Burke stated, “Thus, in weighing all of the social conditions which pertain to the common good, we must safeguard, before all else, the good of human life and the good of marriage and the family.” Raymond Burke, Archbishop of St. Louis, “A Pastoral letter to Christ’s faithful of the Archdiocese of St. Louis,” Available [Online]: October 1, 2004 <http://www.wf-f.org/Bishops_Catholics_Politics.html#anchor3913934> [Accessed 11/15/04]. Bishop Gracida stated, “None of the reasons commonly suggested could even begin to be proportionate enough to justify a Catholic voting for [a pro-abortion candidate]. Reasons such as the candidate’s position on war, or taxes, or the death penalty, or immigration, or a national health plan, or Social Security, or AIDS, or homosexuality, or marriage, or any similar burning societal issues of our time are simply lacking in proportionality.” Rene Henry Gracida, Bishop Emeritus of Corpus Christi. “Catholics can choose lesser of two evils” Available [Online]: September 19, 2004  <http://www.brownsvilleherald.com/opinions_comments.php?id=P61217_0_11_0_C> [Accessed 11/15/04]. Bishop Myers stated, “Another acceptable form of material cooperation is that of the citizen who votes for a pro-choice candidate with the intention of helping to prevent the election of someone whose pro-abortion position is even more extreme.” Myers, The obligations of Catholics and the rights of unborn children.  Mr. Weigel stated that one such situation would be where there are “two pro-abortion candidates, and a voter opts for the pro-abortion candidate of a pro-life party in control of Congress. . .” Ron Brocato, “Theologian: Freedom means doing things that are morally good,” Clarion Herald, 6 October 2004, 9.

[51] Hughes, Alfred C., Archbishop of New Orleans. “Catholics and political life.” Clarion Herald, 22 September 2004, 5-6.

[52] Bishop Gumbleton says that, “We must each consult our conscience and consider the entirety of church teaching. . . [as we] measure ‘all candidates, policies, parties and platforms by how they protect or undermine the life, dignity, and rights of the human person, whether they protect the poor and vulnerable and advance the common good.’” Thomas J. Gumbleton, Auxiliary Bishop of the Archdiocese of Detroit, “President’s policies are in opposition to a culture of life,” Available [Online]: October 20, 2004<http://www.freep.com/voices/columnists/egumb20_20041020.htm > [Accessed 11/15/04]. Father Kophfensteiner, a theologian and professor at Fordham University in New York is reported to have said that one issue voting, even abortion, is foreign to the Church’s moral tradition. Catholic News Service, “Theologian says one-issue voting is foreign to Catholic tradition,” Available [Online]: October 25, 2004 <http://www.catholicnews.com/data/stories/cns/0405868.htm > [Accessed 11/15/04].

[53] Sheridan, “A Pastoral Letter to the Catholic Faithful of the Diocese of Colorado Springs on the duties of Catholic Politicians and Voters,” 2.

[54] Evangelium Vitae, #73

[55] Ratzinger, Doctrinal Note, #4a.

[56] USCCB, Living the Gospel of Life, #32 and Catholics in Public Life.

[57] American Life League. “Exceptions” Available [Online]:

<http://www.all.org/policy.htm> Select: Exceptions [Accessed 11/15/04].

[58] William Bole, “Catholic thinkers debate merits of ‘imperfect’ law,” Available [Online]: Our Sunday Visitor – September 19, 2004 <http://www.osv.com/periodicals/show-article.asp?pid=1014 > [Accessed 11/15/04].

[59] Thomas A. Droleskey, “No exceptions to the fifth commandment,” Available [Online]: October, 2002 <http://www.prolifepac.com/html/artfifth.htm >  [Accessed 11/15/04].

[60] The genesis of this argument goes back to the mid-1960’s when Cardinal Cushing of Boston advanced the idea of private morality versus public morality during the debates surrounding the legalization of contraception. It was reported that he gave the Catholic members of the Massachusetts legislature the go ahead to vote for the legislation by saying, “I do not see where I have an obligation to impose my religious beliefs on people who just do not accept the same faith as I do.” See, Thomas A. Droleskey, “A Champion of the Americanist Spirit,” Available [Online]: Seattle Catholic - March 22, 2004

< http://www.seattlecatholic.com/article_20040322.html> [Accessed 11/15/04].

But the real credit for this position goes to the former governor of New York, Mario Cuomo, who in 1984 in a speech at the University of Notre Dame laid out the basic premises of the “personally opposed, but. . .” position. See, Todd M. Aglialoro, “ ‘Personally Opposed, But. . .’ Five Pro-Abortion Dodges,” Available [Online]: Crisis – April 1, 2004

< http://www.crisismagazine.com/april2004/aglialoro.htm >  [Accessed 11/15/04]; and American Rhetoric. “Mario Cuomo: "Religious Belief and Public Morality -- A Catholic Governor's Perspective” Available [Online]:

< http://www.americanrhetoric.com/speeches/cuomoreligiousbelief.htm> [Accessed 11/15/04].

[61] Amy Welborn, “ ‘Personally opposed, but’ doesn’t cut it with abortion,” Our Sunday Visitor, 93(3), (May 18, 2003): 16.

 

 

 

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