Today there are a number of issues involving life and death that raise questions of public morality. They are also questions of concern to most religions. Pick up a newspaper and you are almost certain to find a bitter controversy over any one of them: Baby Jane Doe, the right to die, artificial insemination, embryos in vitro, abortion, birth control…not to mention nuclear war and the shadow it throws across all existence. Some of these issues touch the most intimate recesses of our lives, our roles as someone’s mother or child or husband; some affect women in a unique way. But they are also public questions, for all of us.
Put aside what God expects—assume if you like that there is no God—then the greatest thing still left to us is life. Even a radically secular world must struggle with the questions of when life begins, under what circumstances it can be ended, when it must be protected, by what authority; it too must decide what protection to extend to the helpless and the dying, to the aged and the unborn, to life in all its phases.
As a Catholic, I have accepted certain answers as the right ones for myself and my family, and because I have, they have influenced me in special ways, as Matilda’s husband, as a father of five children, as a son who stood next to his own father’s deathbed trying to decide if the tubes and needles no longer served a purpose. As a governor, however, I am involved in defining policies that determine other people’s rights in these same areas of life and death. Abortion is one of these issues, and while it is one issue among many, it is one of the most controversial and affects me in a special way as a Catholic public official. So let me spend some time considering it.
I should start, I believe, by noting that the Catholic Church’s actions with respect to the interplay of religious values and public policy make clear that there is no inflexible moral principle that determines what our political conduct should be. For example, on divorce and birth control, without changing its moral teaching, the Church abides the civil law as it now stands, thereby accepting—without making much of a point of it—that in our pluralistic society we are not required to insist that all our religious values be the law of the land.
Abortion is treated differently. Of course there are differences both in degree and quality between abortion and some of the other religious positions the Church takes: abortion is a “matter of life and death,” and degree counts. But the differences in approach reveal a truth, I think, that is not well enough perceived by Catholics and therefore still further complicates the process for us. That is, while we always owe our bishops’ words respectful attention and careful consideration, the question whether to engage the political system in a struggle to have it adopt certain articles of our belief as part of public morality is not a matter of doctrine: it is a matter of prudential political judgment.
Recently, Michael Novak put it succinctly: “Religious judgment and political judgment are both needed,” he wrote. “But they are not identical.” My Church and my conscience require me to believe certain things about divorce, birth control, and abortion. My Church does not order me—under pain of sin or expulsion—to pursue my salvific mission according to a precisely defined political plan.
As a Catholic I accept the Church’s teaching authority. While in the past some Catholic theologians may appear to have disagreed on the morality of some abortions (it wasn’t, I think, until 1869 that excommunication was attached to all abortions without distinction), and while some theologians still do, I accept the bishops’ position that abortion is to be avoided.
As Catholics, my wife and I were enjoined never to use abortion to destroy the life we created, and we never have. We thought Church doctrine was clear on this, and—more than that—both of us felt it in full agreement with what our hearts and our consciences told us. For me life or fetal life in the womb should be protected, even if five of nine justices of the Supreme Court and my neighbor disagree with me. A fetus is different from an appendix or a set of tonsils. At the very least, even if the argument is made by some scientists or some theologians that in the early stages of fetal development we can’t discern human life, the full potential of human life is indisputably there. That—to my less subtle mind—by itself should demand respect, caution, indeed…reverence. But not everyone in our society agrees with Matilda and me.
And those who don’t—those who endorse legalized abortions—aren’t a ruthless, callous alliance of anti-Christians determined to overthrow our moral standards. In many cases, the proponents of legal abortion are the very people who have worked with Catholics to realize the goals of social justice set out in papal encyclicals: the American Lutheran Church, the Central Conference of American Rabbis, the Presbyterian Church in the United States, B’nai B’rith Women, the Women of the Episcopal Church. These are just a few of the religious organizations that don’t share the Church’s position on abortion.
Certainly, we should not be forced to mold Catholic morality to conform to disagreement by non-Catholics however sincere or severe their disagreement. Our bishops should be teachers, not pollsters. They should not change what we Catholics believe in order to ease our consciences or please our friends or protect the Church from criticism. But if the breadth, intensity, and sincerity of opposition to Church teaching shouldn’t be allowed to shape our Catholic morality, it can’t help but determine our ability—our realistic, political ability—to translate our Catholic morality into civil law, a law not for the believers who don’t need it but for the disbelievers who reject it. And it is here, in our attempt to find a political answer to abortion—an answer beyond our private observance of Catholic morality—that we encounter controversy within and without the Church over how and in what degree to press the case that our morality should be everybody else’s, and to what effect.
I repeat, there is no Church teaching that mandates the best political course for making our belief everyone’s rule, for spreading this part of our Catholicism. There is neither an encyclical nor a catechism that spells out a political strategy for achieving legislative goals. And so the Catholic trying to make moral and prudent judgments in the political realm must discern which, if any, of the actions one could take would be best.
This latitude of judgment is not something new in the Church, not a development that has arisen only with the abortion issue. Take, for example, the question of slavery. It has been argued that the failure to endorse a legal ban on abortions is equivalent to refusing to support the cause of abolition before the Civil War. This analogy has been advanced by the bishops of my own state.
But the truth of the matter is, few if any Catholic bishops spoke for abolition in the years before the Civil War. It wasn’t, I believe, that the bishops endorsed the idea of some humans owning and exploiting other humans; Pope Gregory XVI, in 1840, had condemned the slave trade. Instead it was a practical political judgment that the bishops made. They weren’t hypocrites; they were realists. At the time, Catholics were a small minority, mostly immigrants, despised by much of the population, often vilified and the object of sporadic violence. In the face of a public controversy that aroused tremendous passions and threatened to break the country apart, the bishops made a pragmatic decision. They believed their opinion would not change people’s minds. Morever they knew that there were southern Catholics, even some priests, who owned slaves. They concluded that under the circumstances arguing for a constitutional amendment against slavery would do more harm than good, so they were silent. As they have been, generally, in recent years, on the question of birth control. And as the Church has been on even more controversial issues in the past, even ones that dealt with life and death.
What is relevant to this discussion is that the bishops were making judgments about translating Catholic teachings into public policy, not about the moral validity of the teachings. In so doing they grappled with the unique political complexities of their time. The decision they made to remain silent on a constitutional amendment to abolish slavery or on the repeal of the Fugitive Slave Law wasn’t a mark of their moral indifference: it was a measured attempt to balance moral truths against political realities. Their decision reflected their sense of complexity, not their diffidence. As history reveals, Lincoln behaved with similar discretion.
The parallel I want to draw here is not between or among what we Catholics believe to be moral wrongs. It is in the Catholic response to those wrongs. Church teaching on slavery and abortion is clear. But in the application of those teachings—the exact way we translate them into action, the specific laws we propose, the exact legal sanctions we seek—there was and is no one, clear, absolute route that the Church says, as a matter of doctrine, we must follow.
The bishops’ pastoral letter, “The Challenge of Peace,” speaks directly to this point. “We recognize,” the bishops wrote,
that the Church’s teaching authority does not carry the same force when it deals with technical solutions involving particular means as it does when it speaks of principles or ends. People may agree in abhorring an injustice, for instance, yet sincerely disagree as to what practical approach will achieve justice. Religious groups are entitled as others to their opinion in such cases, but they should not claim that their opinions are the only ones that people of good will may hold.
With regard to abortion, the American bishops have had to weigh Catholic moral teaching against the fact of a pluralistic country where our view is in the minority, acknowledging that what is ideally desirable isn’t always feasible, that there can be different political approaches to abortion besides unyielding adherence to an absolute prohibition. This is in the American-Catholic tradition of political realism. In supporting or opposing specific legislation the Church in this country has never retreated into a moral fundamentalism that will settle for nothing less than total acceptance of its views.
Indeed, the bishops have already confronted the fact that an absolute ban on abortion doesn’t have the support necessary to be placed in our Constitution. In 1981, they put aside earlier efforts to describe a law they could accept and get passed, and supported the Hatch amendment instead.* Some Catholics felt the bishops had gone too far with that action, some not far enough. Such judgments were not a rejection of the bishops’ teaching authority: the bishops even disagreed among themselves. Catholics are allowed to disagree on these technical political questions without having to confess.
* Editors' note : The proposed Hatch amendment to the Constitution would permit the states to pass anti-abortion laws. ↩
Editors’ note : The proposed Hatch amendment to the Constitution would permit the states to pass anti-abortion laws. ↩