Felix Just, S.J., a theologian at Loyola Marymount University, suggested that "the best Christian answer to any theological question is always 'both/and' rather than 'either/or.'" It is in this light that I would like to address three pressing news items from the past few weeks, relating to the contentious topics of divorce, abortion, and religious freedom.
In April, Pope Francis unleashed another debate among Catholics when he called an Argentinian woman who had expressed her sadness that she and her husband were not allowed to receive communion because her husband was divorced and she had married him outside the Church. According to news reports, Francis told her that she is “not doing anything wrong” when she receives communion. Immediately questions began to arise about whether Francis is considering changing the Church’s longstanding practice that prohibits divorced Catholics who have not obtained an annulment but who are civilly remarried from receiving communion. Cardinal Walter Kasper, a noted theologian, took his cue from Francis’ statements that the “Eucharist is not a prize for the perfect but a powerful medicine for the weak" and argued that the Church’s pastoral practice could be amended for people who have not received a juridical annulment but who are convinced in conscience that their first marriages were invalid. Such an approach would speak to people like the family friend mentioned in Elizabeth Scalia’s essay on the matter, but Cardinal Raymond Burke reminds us to tread carefully where annulments are concerned, because the annulment process is not merely a juridical issue but is “essentially connected with the doctrinal truth” of the Church. His argument is that the annulment process as it currently stands is just, but should be followed more “attentively.” Certainly it is very difficult to disentangle canon law, pastoral practice, and unchangeable doctrine, as each of these have implications for the others, and the Church must carefully consider the message any change in practice will send to the faithful. Amendments in canon law and pastoral practice are sure to be slow and halting, but the theological debate is certainly welcome (including the opportunity to learn from our Orthodox brothers and sisters!) as we pray for the Holy Spirit’s guidance, and for all Catholics who have suffered through a divorce.
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In response to pressure from NARAL, search engine Google has agreed, within limits, to remove advertisements for Crisis Pregnancy Centers from results when people search for terms containing the word "abortion." NARAL has claimed a victory over "false advertising," but Carol Tobias of National Right to Life argues that the move is "ridiculous" and deprives women the ability to find alternatives when seeking care during their pregnancies. The issue also raises the question of who gets to decide what advertising is considered fair or truthful, and how such adjudications are made. In the meantime, of late the media has provided many women who have procured abortions with a venue to share their stories, such as the Huffington Post's recent article about a woman who had an abortion after her baby was diagnosed with abnormalities "incompatible with life." Her story is moving and should rouse the compassion of all Christians. Still, the story of Amy Kuebelbeck, who faced a similar diagnosis but chose to carry her baby to term, reminds us that there are life-affirming alternatives to abortion, even for those in such heartbreaking circumstances. However, because hearing the stories of women's abortions enables us to consider what alternatives the Church can offer them, Lauren Ely argues that we should welcome these narratives and approach pro-life activism from a more holistic perspective.
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Finally, on May 5, the Supreme Court ruled in the Greece v. Galloway decision that the town of Greece in upstate New York could continue to open its legislative sessions with a prayer that explicitly invokes Jesus Christ. The court was divided 5-4 along religious lines, with five of the Catholic members of the Court voting in favor of Greece, while the four dissenters included three Jews and non-practicing Catholic Justice Sonia Sotomayor. The New York State Catholic Conference has praised the Court for this decision, but Jewish and Hindu groups have expressed their dismay. Justice Elena Kagan, one of the dissenters, suggested that the five Justices in the majority do not understand what it is like to be a member of a minority religion, although it takes only a brief glimpse into American history to reveal that Catholics have themselves faced discrimination as "minorities" in this country, and Catholic activists have historically fought long and hard for religious freedom in this country (including the right to read non-Protestant Bibles and to open their own schools). Catholics in America have tried, with varying degrees of success, to balance a commitment to tolerance and diversity with the right to publicly practice their faith. This case reveals how tricky it is to define and implement "religious freedom" and "separation of church and state."
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I believe that these issues should be approached with the "both/and" spirit advocated by Fr. Just. Taking an either/or approach will, in my view, lead only to injustice and error. With regard to divorce, there is a way to affirm both the indissolubility of marriage and the freedom of an individual's conscience, both of which are inviolable and unchanging dogmas of our Church. With regard to abortion, there is a way both to protect the lives of the unborn and to offer support and compassion to suffering women. And with regard to religious freedom, there is a way both to allow for the flourishing of religious diversity and to permit Christians to profess their faith in Christ in the nation's public forum. Let us pray for our religious, cultural, and political leaders, that they search for solutions that protect the rights and freedoms of us all.
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