Category Archives: Supreme Court

We Know Better, Part 2: Creating a Culture of Flourishing

Half a century ago, Roe v. Wade created a right to abortion out of thin legal air. Fabricating a right to privacy loosely connected with human rights amendments, The Supreme Court overruled many state laws. The language of the ruling is rooted in ambiguity, with the majority opinion admitting that future scientific progress on viability could alter the application of this right. Feminists hailed the ruling as a woman’s right to bodily autonomy and the end of the, “back alley/coat hanger” era of abortions. Since 1973, over 62,000,000 babies have been killed, a disproportionate number being babies of color, especially African American children.

For the first thirty years after Roe v. Wade, leaders in both parties were found in the pro-choice (pro-abortion) and pro-life (anti-abortion) camps. Almost all agreed that abortions in the final trimester should be avoided. Pro-life leaders understood there were rare exceptions that needed medical accommodation. The Hyde Amendment prevented federal funds from being used to finance abortions. Casey vs. Planned Parenthood further cemented pro-abortion policies. In the mid-1990s, the late Justice Ginsburg admitted that Roe rested on dubious legal and scientific foundations and needed to become federal legislation.

In the last two decades, pro-abortion advocates have gone from, “safe, legal, and rare” to “anytime, for any reason, up to and even during delivery” and “shout your abortion” as a positive thing. Economics, emotional happiness, and depersonalization of the developing child in the womb are all part of this radicalized strategy.

With a Supreme Court ruling immanent on abortion restrictions in Mississippi, the stage is set for the partial or complete overturning of Roe v. Wade. An unprecedented leak of an early draft penned by Justice Alito has enraged pro-abortion forces and threats of violence loom large as I write this essay.

As a thoughtful Christian and caring human being, I cannot in good conscience condone the destruction of innocent life, from conception to coronation. Tragedies of natural miscarriages and occasional urgent medical emergencies are one thing, but making the exceptions a general rule is nothing less that dehumanization of the vulnerable and state-sanctioned killing. By the way, I am also against the death penalty for civilian criminals, mainly because of 1) the possibility of a mistaken conviction; and 2) the desire for redemption for the convicted, even while in prison for life. Many current euthanasia laws are immoral and the number of intentional deaths is increasing.

Our need: a new vision of human flourishing

What I write here will not change the minds of advocates on either side, unless there is a fresh way of envisioning and framing the entire issue. We need a culture of life, a conscientious consensus on human flourishing that can unite women and men of goodwill and welcome children as gifts, not burdens, and unique persons, not clumps of cells. Here are some beginning axioms, some values that can help refocus and even reimagine the conversation:

  • Protecting the unborn is part of a larger vision of caring for the vulnerable and affirming the value of every human person, regardless of their utility to society. From the unborn to the physically and mentally challenged, to the mentally ill and those struggling with diseases and old age, ALL people matter.
  • We must create safe pathways for women to report sexual assaults and foster a climate of dignity so that perpetrators cannot intimidate their victims, with shame displaced by liberation for those who receive help. 
  • Anti-abortion advocates are often accused of not caring for mothers and children outside of the womb. This is an unfounded assertion, as there are hundreds, even thousands of agencies, centers, churches, and community groups ready to help. We can do better in empowering single moms (and couples) for a brighter future, including education and job training, housing and medical care. 
  • Churches and community groups can expand their services for adoption and foster care and help place children in loving homes, as well as offer safe haven for incest and rape victims.
  • We can incentivize marriage and work by demanding greater accountability of the fathers for the children they help conceive and working to get people off unemployment and welfare. 
  • We can encourage young adults to delay sexual intimacy until marriage, finish at least a high school education, then remain faithful in their marriages (with exceptions for abuse, abandonment, and adultery, of course). Marital sexual intimacy is not only for procreation; however, we must stop divorcing this sacred act from one of its divinely-intended purposes.
  • We must reject dehumanizing euphemisms for the developing child in the womb. An embryo and a fetus are growing human persons, not clumps of cells.
  • In this flourishing future, we are not punishing the vulnerable, but persuading women and men of conscience with moral arguments, as well as scientific evidence.

The late Theodore Hershberg, former president of Notre Dame University, prayed we would be a society that welcomes children as a gift, not a burden. Philosopher Peter Kreeft argues that abortion is the moral issue of our day because underneath all the arguments are our understanding of God’s gifts of life and choice. May we choose life and flourishing.

Eros is not a Civil Right

Today the Supreme Court repudiated the federal Defense of Marriage Act (DOMA) signed by President Clinton in 1996. This ruling means that gay and lesbian marriages from states permitting such unions must be recognized by federal agencies. The decision appears to keep in place the Constitutional decisions of 30 states to define marriage as a monogamous heterosexual union and the 12 states that allow for non-traditional unions. California’s Proposition 8, twice affirmed by the voters of the state, was struck down on a technicality, with its proponents not having proper “standing.” Add to these decisions adjustments to the Voting Rights Act that upset progressives and you are left with confusion and consternation instead of clarity about our Constitution.

The LGBTQ community is celebrating America’s social progress and civil rights for all. Traditionalists are concerned that an activist court has overstepped its authority and ignored the foundations of a free, just and prosperous society.

What is missing in all the celebrating and commiserating is clear thinking about the nature of “rights” and the place of government. Our founders understood that government exists to protect natural, God-given rights, not bestow them. Rights are inherent in our humanity and good governments protect our dignity and protect us from depravity. When the Rev. Dr. Martin Luther King pressed for Civil Rights and the original Voting Rights Act in the 1950s and 1960s, he appealed to universal moral precepts and the intent of our founders. He also understood that race was not a choice, but part of our nature from conception. The promises of Washington and Lincoln were finally realized for millions and our nation is better for such steps.

LGBT identity is completely different from the gender and race we are born with. There is no irrefutable evidence of any genetic link to gay or lesbian identity. In addition to the lack of empirical evidence, we have the activists themselves arguing for “fluid” definitions that allow subjective declarations at any stage of life to trump clear observation and natural intention. If John “discovers” he is bisexual, gay, or he wants a transgender procedure, it is fine for him to leave his traditional marriage and pursue his happiness. But if John has lived as a bi or gay man and decides to opt for traditional marriage, then he has been brainwashed and/or deceived. Woe to any caring person that suggests that someone with same-sex attraction can change!

Eros is not a right. Sexual happiness is not a right. Fulfilling any and every desire is not a right. These may be the happy consequences of liberty, but they are not government guarantees. All forms of adult cohabitation outside of heterosexual, monogamous marriage, while permitted, are not the best for partners, children and our social future. These alternative lifestyles are morally unacceptable to billions of caring people in all cultures. A free society must prohibit deleterious behaviors, promote good choices and permit maximal liberty that still keeps the rule of law in place and social cohesion possible.

The fundamental error of our nation is thinking that “happiness” means the fulfillment of all desires, including current erotic orientations. This is actually dehumanizing, as we reduce persons made in the image of God to merely superior creatures with particular sexual proclivities. When I meet a man or a woman, my first questions is NOT about their personal passions. My first thought is how I might love and respect her or him and encourage them in their vocation. Everyone I encounter is first a human person, then a man or a woman with a calling. After this they may choose to share their orientation and partnership situation and I must respect them even if I disagree with their choices. The LGBTQ folks are diminishing their humanity when they reduce their identity to orientation.

Affirming biblical marriage (Genesis 1 and 2 and The Gospel of Matthew, chapter 19) also means helping prevent divorce, receiving children as a gift and choosing selfless service over selfish oppression of another person. Affirmation of Christian faith also rejects covetousness and lust in all forms and urges adult women and men  to marry before enjoying sexual intimacy. The fact that much of humankind fail at these ideals in thought, word and/or does not nullify their eternal nature, authority and legitimacy for a flourishing society.

What now? Much prayer and personal humility, persuasive personal conversations and active political engagement are all needed. As we debate, let’s love and respect every person we encounter and make sure that the 2×4 is out of our own eye before we become sawdust inspectors of others.