Speaking of human rights and intrinsic evil, the recent US Bishops' Forming Consciences for Faithful Citizenship reminds me of conversations I had a world away on election day, 2004. Fr. Mike and I spent the evening of the US election in the Dominican priory in Melbourne where I had the chance to eat dinner beside and talk to one of the Catholic world's foremost experts on bioethics: Bishop Anthony Fisher (an OP)who is currently
heading up World Youth Day.
The dilemma faced by American Catholics is pretty clearly summed up by paragraphs 44 and 45 below. Just try and hold them together and find a candidate that supports both!
The Right to Life and the Dignity of the Human Person
44. Human life is sacred. The dignity of the human person is the foundation of a moral vision for society. Direct attacks on innocent persons are never morally acceptable, at any stage or in any condition. In our society, human life is especially under direct attack from abortion. Other direct threats to the sanctity of human life include euthanasia, human cloning, and the destruction of human embryos for research.
45. Catholic teaching about the dignity of life calls us to oppose torture,7 unjust war, and the use of the death penalty; to prevent genocide and attacks against noncombatants; to oppose racism; and to overcome poverty and suffering. Nations are called to protect the right to life by seeking effective ways to combat evil and terror without resorting to armed conflicts except as a last resort, always seeking first to resolve disputes by peaceful means. We revere the lives of children in the womb, the lives of persons dying in war and from starvation, and indeed the lives of all human beings as children of God.
Which brings up my conversations in Australia as I wrote them up immediately upon returning home:
"I’ve just returned from a couple weeks in Melbourne, where, with the help of Fr. Mike Fones and Clara Geoghegan, I trained the beginnings of our first teaching teams in Australia. Instead of being glued to CNN on November 2, we were wrestling with the much more enjoyable problem of picking the winner of the Melbourne Cup – a nationally televised horse race that is a combination of Ascot and the Kentucky Derby and brings the whole of Australia to a halt. (I won $12 AU in the first racetrack bet of my life)
While there, I took the opportunity to ask two world-class experts on Church’s teaching in this area (who are both known for their careful orthodoxy) and the intense political debate that it had engendered among Catholic voters in the US. One was Bishop Anthony Fisher, OP of Sydney (recently elevated by Cardinal Pell), who has a PhD in bioethics and is recognized as (in John Allen’s words) “one of the sharpest minds in English-speaking Catholicism”. The other was Dr. Tracey Rowland, Dean of the John Paul II Institute in Melbourne, and one of most respected new theologians emerging today. Clara has known both of them since they were all university students together – the Australian Catholic world is a small one!
Voting as formal cooperation in intrinsic evil:
1.Both Fisher and Rowland emphasized that Church teaching is “very underdeveloped” in this area. Bishop Fisher had attended a symposium in Rome on Evangelicum Vitae 73 in February of 2004. EV 73 reads in part:
73. Abortion and euthanasia are thus crimes which no human law can claim to legitimize. There is no obligation in conscience to obey such laws; instead there is a grave and clear obligation to oppose them by conscientious objection. . .
In the case of an intrinsically unjust law, such as a law permitting abortion or euthanasia, it is therefore never licit to obey it, or to "take part in a propaganda campaign in favor of such a law, or vote for it."(98)
A particular problem of conscience can arise in cases where a legislative vote would be decisive for the passage of a more restrictive law, aimed at limiting the number of authorized abortions, in place of a more permissive law already passed or ready to be voted on. Such cases are not infrequent. . . In a case like the one just mentioned, when it is not possible to overturn or completely abrogate a pro-abortion law, an elected official, whose absolute personal opposition to procured abortion was well known, could licitly support proposals aimed at limiting the harm done by such a law and at lessening its negative consequences at the level of general opinion and public morality. This does not in fact represent an illicit cooperation with an unjust law, but rather a legitimate and proper attempt to limit its evil aspects.
Fisher said that at this symposium two top notch, orthodox theologians presented completely opposite views and neither could be considered “wrong” in light of current Church teaching (although Fisher privately agreed with one over the other). The bishop noted that only about 9 scholarly works exist on the subject and that he has read them all. In other words, there is, as yet, no authoritative interpretation of EV 73 to guide us.
2.Fisher stated that there was no theological basis for asserting categorically that a Catholic could not, in good faith, vote for either US candidate since both had serious problems from the perspective of Church teaching. Fisher said that if he were an American, he’d be voting for Bush – precisely because of the abortion issue, but that it would be a matter of personal judgment. Life issues had been his personal passion since he was at university and naturally they dominate his moral appraisal of the current scene. Fisher noted that other people with other expertise would naturally be pre-occupied with different areas of grave concern (i.e., intrinsic evil)that would shape their prudential judgment.
3.Fisher then made a fascinating comment that I have not heard elsewhere - that there is no basis in Church teaching for comparing two very different “intrinsic evils” and determining that one is objectively and absolutely more grave than the other.
One can compare levels of a similar intrinsic evil. You could certainly say that 4,000 abortions is more grave than 40 or that a genocidal conflict that killed 10,000 was a more grave evil than one in which only 500 died. But you can’t, on the basis of current Catholic teaching, categorically determine that abortion, for instance, is always and absolutely more grave than a given unjust war or torture or severe economic injustice. By definition, something that is truly intrinsically evil can’t be relatively less evil anymore than a person can be only mostly dead (well, outside the alternate universe of the Princess Bride, anyway - although I did encounter some situations that came pretty close on the cancer unit).
So one cannot state, as definitive Church teaching, that the gravity of the evil of abortion must outweigh all other intrinsic evils or any possible combination of intrinsic evils in our political calculations. An individual could arrive at such a prudential judgment in a particular situation in good faith but an equally faithful Catholic could come to a quite different prudential conclusion in good conscience.
(Note: the US Bishops said something similar (when they use the word "grave", it is a reference to an intrinsic evil):
34. Catholics often face difficult choices about how to vote. This is why it is so important to vote according to a well-formed conscience that perceives the proper relationship among moral goods. A Catholic cannot vote for a candidate who takes a position in favor of an intrinsic evil, such as abortion or racism, if the voter’s intent is to support that position. In such cases a Catholic would be guilty of formal cooperation in grave evil. At the same time, a voter should
not use a candidate’s opposition to an intrinsic evil to justify indifference or inattentiveness to other important moral issues involving human life and dignity.
35. There may be times when a Catholic who rejects a candidate’s unacceptable position may decide to vote for that candidate for other morally grave reasons. Voting in this way would be permissible only for truly grave moral reasons, not to advance narrow interests or partisan preferences or to ignore a fundamental moral evil.
42. As Catholics we are not single-issue voters. A candidate’s position on a single issue is not sufficient to guarantee a voter’s support. Yet a candidate’s position on a single issue that involves an intrinsic evil, such as support for legal abortion or the promotion of racism, may legitimately lead a voter to disqualify a candidate from receiving support.)
Back to my conversation with Bishop Fisher:
When I said that it was my observation that quite a few serious Catholics in the US were under the impression that doctrine had developed in this area, Fisher responded that a few bishops making personal pronouncements simply isn’t the development of doctrine. When I asked Tracy Rowland why some US bishops had made such statements when they must know that Church teaching did not support it, she pointed out that many bishops are not familiar with the nuances of Church teaching in this area.
Rowland (unlike Fisher, who thought that any talk of ex-communication in the midst of an election was imprudent) believed that then Cardinal Ratzinger had made a good case for refusing communion to a politician who publicly supports abortion but also agreed that there simply wasn’t any clear Church teaching about voting as a form of formal cooperation with evil."
My questions: What would constitute the development of doctrine in this area? Does the US Bishops' statement involve a bit of "development"? Can one country's bishops nudge the development of doctrine in a particular issue along when the rest of the world's bishops haven't dealt with the issue yet?
This is above my pay grade. Is there a moral theologian in the house?