It’s Iimi! The Impact

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It's Iimi! Law, Justice, and the... (sigh) American Way

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It’s Iimi! We Must Be True To What We Believe!

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Isn’t it Time to Go Beyond the Usual Arguments?

5. Christ’s redemptive work, while essentially concerned with the salvation of men, includes also the renewal of the whole temporal order. Hence the mission of the Church is not only to bring the message and grace of Christ to men but also to penetrate and perfect the temporal order with the spirit of the Gospel. In fulfilling this mission of the Church, the Christian laity exercise their apostolate both in the Church and in the world, in both the spiritual and the temporal orders. These orders, although distinct, are so connected in the singular plan of God that He Himself intends to raise up the whole world again in Christ and to make it a new creation, initially on earth and completely on the last day. In both orders the layman, being simultaneously a believer and a citizen, should be continuously led by the same Christian conscience.

(Apostolicam actuositatem)

With yet another mass shooting and the inevitable arguments over whether laws should be passed, I think there’s one thing that never gets discussed: whether the 2nd Amendment itself needs to be amended. By this I mean it seems like proponents of gun control want to pass laws as if it did not exist and opponents of gun control want to use it to block any meaningful restrictions.

I think proponents of gun control need to offer ideas on how it should be reasonably be amended. I think opponents of gun control need to propose solutions on how to prevent mass shootings. But instead, people on both sides offer their same arguments that bring up the same counter-arguments and nothing gets done.

From a Catholic perspective, I think we need to move beyond partisan divisions and start *talking* to each other if we are to find a just solution that serves the public good. I would urge all sides to look at the situation without partisan lenses so we can find that just solution. But if we just point fingers and refuse to question ourselves, will that ever happen? Or will we just continue the circle of Shootings—Outrage—Forgetting?

As a Catholic, I think we need to break that circle and try to find just solutions, even at the cost of our political views.

Thoughts on Catholic Moral Teaching and Law

When people attack the Catholic Church and her teaching on morality, they point to laws in past eras that were brutal by our standards. They argue that these past laws show that the teaching that "X is a sin” caused brutal punishments. That presumes law and morality are the same, which is false. Not all sins are against the law, and sometimes law interferes with moral behavior. St. Thomas Aquinas makes this distinction:

Now human law is framed for a number of human beings, the majority of whom are not perfect in virtue. Wherefore human laws do not forbid all vices, from which the virtuous abstain, but only the more grievous vices, from which it is possible for the majority to abstain; and chiefly those that are to the hurt of others, without the prohibition of which human society could not be maintained: thus human law prohibits murder, theft and suchlike.

 

 Thomas Aquinas, Summa Theologica, STh., I-II q.96 a.2 resp. trans. Fathers of the English Dominican Province (London: Burns Oates & Washbourne,).

In other words, Not every sin was against the law in Christian societies. Morality distinguishes between right and wrong behavior. Morality tells what we must do or must not do regardless of what the law says. If theft is wrong, then we must not steal even if the law allows it. But while morality deals with what we must or must not do, law deals with what penalty we give when people violate morality in such a way that harms human society. Morality does not change over time, but laws can change over time.

Morality does not change from saying “X is good” to “X is wrong.” Theft was wrong a thousand years ago, is wrong today, and will be wrong a thousand years from now. Even so, law from a thousand years ago based on the morality that theft is wrong was different than the law today and the law based on that morality a thousand years from now will be different from the law today. We can and must adjust law when situations merit a gentler response, provided that gentler response is just.

For example, the use of the Death Penalty is not unjust by nature. But when society and technology advances to the point that the criminal can be safely contained without using it, then we can adjust the law so the death penalty is not easily applied. The change of the law does not mean Church teaching on the death penalty is wrong. It means we can adjust the law when the death penalty is not needed to protect the innocent from the criminal.

That’s assuming that the law is based on morality. Sometimes it comes from the vicious customs of a society. For example, slavery, lynching and segregation in the United States, Even though America began as a Christian nation, they adopted vicious customs which had been already condemned by the Church. For example, the Church condemned the reemergence of slavery in 1435—long before the Europeans encountered the New World. Despite this fact, unjust laws continued to treat blacks as property and even some Catholics in the United States owned slaves (just as how some Catholics support abortion today).

Often times, laws stayed in place from before a nation became Christian. Burning at the stake was a pagan Germanic practice. So were trials by ordeal. Catholics did not invent them. Should Christians have changed them? Yes. Do they show that some high ranking Catholics did wrong things? Yes. Do these things show that Catholics were worse than others? They absolutely do not! What they tell us is Christians can be as blind to cultural vices as everyone else.

When it comes to crafting or reforming law, we need to remember three things:

1. We must be aware of objective right and wrong. 
2. We must know which wrongs harm society.
3. We must assess the proportionate penalty for doing wrongs that harm society.

The Church does these things. She teaches us what right and wrong are. She warns us of wrongs harming society. She also speaks out against laws that are unjustly harsh or lenient. Unfortunately today, just as in the past, some Catholics have not kept these things in mind and instead passed laws which fail one or more of these criteria. But what people overlook is that the Church also expands our moral knowledge. In applying it to new situations, the Church brings us to deeper understandings we did not have in past centuries.

We cannot create just laws by eliminating our Christian moral roots. We can only create them by being vigilant, studying why things are right or wrong and finding just ways of protecting society from harm.

When Partisanship Replaces Justice

In the 1888 encyclical Officio Sanctissimo, Pope Leo XIII encouraged Catholic participation in the legal system to change unjust laws. Part of this document asserts:

[12] Effectively the laws give Catholics an easy way of seeking to amend the condition and order of the State and to desire and will a constitution which, if not favourable and well-intentioned towards the Church, shall at least, as justice requires, be not harshly hostile. It would be unjust to accuse or blame any one amongst us who has recourse to such means, for those means, used by the enemies of Catholicity to obtain and to extort, as it were, from rulers laws inimical to civil and religious freedom, may surely be used by Catholics in an honourable manner for the interests of religion and in defence of the property, privileges, and right divinely granted to the Catholic Church, and that ought to be respected with all honour by rulers and subjects alike.

 

 Claudia Carlen, ed., The Papal Encyclicals: 1878–1903 (Ypsilanti, MI: Pierian Press, 1990), 154.

I’m struck by differing assumptions compared to the American experience of the last few years. Courts strike down laws passed to defending moral rights, The government vetoes or ignores laws they swore to uphold (without suffering repercussions for dereliction of duty). In fact, executive orders and judicial diktats deny believers the right to promote laws benefiting the common good, and target them for refusing to accept the moral changes the political and cultural elites impose on society.

Leo XIII wrote this to the Catholics in Bavaria during the Kulturkampf encouraging them to use the same system to lift oppression that their opponents used to impose it. That says something ironic about America today. That irony is America today is less just in some legal structures than Imperial Germany was 120 years ago! When legal structures are unjust we can no longer rely on our checks and balances to defend the rights of citizens who hold views unpopular with political and cultural elites.

This shouldn’t surprise us. Americans have an ugly habit of setting aside their system of justice when they deem a targeted group unworthy under the law. The obvious example is that of slavery and segregation. But we could also include the violations of treaties with Native Americans, the Internment of Japanese Americans, the denial of the rights of the unborn, and the targeting of refugees. When Americans want to stop treating a disliked group as an equal, we enforced our laws arbitrarily and passed new laws pushing the disliked group further away. 

To defend injustice, America invokes hypothetical extreme cases and treats that extreme case as the norm. For example, abortion for the rape victim, or security from possible fifth columnists, terrorists or felons in the case of Japanese internees, Islamic refugees and illegal aliens. America justified segregation on the grounds that African Americans could not adapt to “White Society” and slavery on the grounds that slaves could not adapt to freedom. Nobody asks whether extreme cases are real and whether they justify these actions.

Today, America uses the irrelevant analogy fallacy, drawing attention to a few similarities between scenarios and ignoring the greater differences. Promoting “same sex marriage,” elites claim denying people with same sex attraction the right to marry is the same as denying interracial marriage. Elites invoke the similarity of “denying two people the right to marry” and name themselves foes of bigotry. The forgotten difference is interracial marriage still involves one male and one female. Opposing interracial marriage denied something essential (complementarity of male and female) in favor of something accidental (the ethnicity of the male and female).

The same happens in other cases. Elites justify abortion by arguing the fetus is a "clump of cells,” so we can excise like any other group of cells. The essential difference is the fetus is a separate person, not a mere clump of cells, and we cannot treat a person like any other “clump.” Elites justify the “contraception mandate” by saying women have a “right” to contraceptives. Even barring the fact that Catholics reject that premise, a “right” to something does not mean people must subsidize it.

These examples show how elites set aside justice and law when it benefits their ideology, invoking them only when favorable. This results in a system where the preference of the elite is law, despite what actual law and moral belief of citizens hold. They succeed because they use simple slogans in supporting their own positions and attacking their opponents. Refuting inaccurate slogans takes longer than reciting them. People remember the inaccurate slogan longer. “War on women.” “Freedom to love.” “Reproductive Freedom.” Few know refutations exist for each of them.

This reality frustrates many Christians. People ignore truth and favor slogans.  So we offer simplistic solutions in exchange. “We need better Popes and bishops.” “We need stronger teaching.” “We need simpler explanations.” These aren’t solutions. They’re just opposing slogans.

What we need—if you’ll pardon me for using a slogan myself—are “boots on the ground.” We need Christians in every walk of life explaining what we believe and why it is good. This isn’t going to change people like flicking a switch. Many will ignore us. Many will treat us hostilely. Yet, some will hear. What we say might turn out to be a planted seed. We don’t know if the seed will bear fruit, only God knows the answer to that question. Either each one of us sows the seeds in the face of opposition, or we abandon the Great Commission and surrender the nation to those who oppose truth and righteousness.

TFTD: Self-Contradiction by Opponents to Christianity

So, the backlash against Indiana’s Religious Freedom law continues to grow, and one wonders whether things will spill over into violence soon against Christians. The media, with backing from some politicians and some businesses are treating the entire affair as being intended to allow free discrimination against people with same sex attraction—never mind that they are merely making a circular argument that assumes discrimination instead of proving it intends discrimination.

But as I read the news articles and the comments, I am seeing what is amounting to several huge self-contradictions that, when explored, makes these protestors out to be huge hypocrites. Here’s the problem.

1. If nobody should be allowed to force their views on others, then nobody should be allowed to force their views of same sex “marriage” on Christian business owners.
2. If it is acceptable for the law to make demands based on moral beliefs (by banning “anti-gay” discrimination), then it is acceptable for Christians to make law based on the demands of their moral belief.

See the problem here? If relativists try to define the issue the first way (“forcing views on others”) then they are obligated to avoid forcing their views on others, and they cannot try to compel Christian business owners to cooperate with their view that “same sex marriage” is morally acceptable. But if they try the other tactic and claim that they have the right to pass laws that say Christians must cooperate with their beliefs of right and wrong, then logically Christians have the right to pass laws based on their own beliefs of right and wrong.

No matter which universal they stake claim to, Christians can point out they are being hypocritical in their enforcement of it because it is being applied in such a way as to exclude those the protestors disagree with (the Christians), whereas, if opponents of Christianity applied those principles across the board, they could not condemn Christians for behaving as they do without condemning themselves as well.

However, Christians can’t be accused of approaching these two concepts with the same self-contradiction simply because we don’t hold them in the first place. The Christian view is not based on the idea of freedom to behave as one wants, but the freedom to behave as one ought. Anything that blocks a person from doing what is right or forces them to do what is wrong is a violation of that freedom. Because the concept of family as husband, wife and children passing on the values needed for the society to continue from one generation to the next is a building block of the society, the law can be justified in defending it. Things that harm that building block of society by tearing down the things that make it possible to continue society to the next generation need to be prevented and the law is reasonable in using just means to prevent them from destroying it.

So (simplifying greatly), I would say that the Christian moral teaching would hold this principle with no self contradiction:

1. No law should prevent a person from doing what they believe they are morally obliged to do unless that belief causes actual harm to others or the breakdown of the common good (taking another life arbitrarily comes to mind here, as does attacks on the traditional family, committing violence against others without just cause).
2. No law should force a person to do what they believe is morally wrong to do.
3. Laws should promote the common good and protect the family and individuals from those who would actively seek to harm others.

Such a concept on law would not only protect the Christian, but the non-Christian from being forced to do wrong, it would protect society from individuals or groups who claim they have the moral obligation to murder or steal etc. It recognizes that real right and wrong do exist and seeks to make laws that makes it easier to do what is right, and put restrictions on wrongdoing that disrupts society.

No contradiction, no injustice. That’s the difference between the consistent Christian view and the self-contradiction of the inconsistent view of modern Christianophobia that pretends to be in favor of “rights” of all—except Christians.

Thoughts on (Lack of) Separation of Church and State in Modern America

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Thoughts on Catholicism and Human Law

I would like to expand on something I wrote a few days ago concerning the concept of legitimate and illegitimate law. I hope in this day and age (unfortunately, you never know) most people would recognize that governments can and do create unjust laws (whether actual laws, judicial rulings and executive orders) which are made binding through force—not just in totalitarian nations, but right here in the US as well.

Realizing that even in the Western Nations (which are always held up as the paragon of freedom compared to the rest of the world, fair or not) the governments can and do create unjust laws is important. It shows that no state government is impeccable in creating laws (human laws, to distinguish from Divine Law and Natural Law)—even if our own party of preference is in command.

I think that with this understanding in mind, the Catholic perspective should be explored. A lot of accusations have been made about us, and we need to have a basic understanding on how the Church views the authority of the state and the human law it creates.

We're not anarchists. We don't hold that the adage, the government that governs best governs least. Nor do we hold that government is a necessary evil. When it works as it ought, government justly holds authority and must be heeded. On the other hand, Catholicism is not a proponent of Big Government. The authority of the state certainly has limits as to what it can do.

In the Catholic perspective, the purpose of government is ensuring the common good. However, the government is not itself the common good. It can only be a means to this end. The government does not have the authority to redefine what the common good is, and the burdens of the law must not be unequally proportioned—such as favoring your friends and harming your enemies. (See Summa Theologica I II Q 96 a4). Finally, the laws passed cannot exceed the authority of the lawgiver.

This last point is important. While certain views of government exalt the power of the state, when the government decrees something it has no right to decree, the law it passes has no authority—much like if I were to pass a law that all the houses on my block have the obligation to pay me a 20% tax on their gross income. I would have no right to make such a law because I do not have the authority to even make a law. Maybe if I had my own private militia I could get away with it, but the law would have no authority on its own.

A government may decree a thing, but if the thing decreed goes beyond the authority of the government to decree, then the only way that the law can be binding is if the government uses force to carry out the law. There would be no moral  obligation to follow such a law.

When you see these principles, it becomes clear that sometimes the Church must necessarily be in opposition to certain acts of government but is not acting in a partisan manner in doing so.

The Church rejects the claim by a state that it can decide to change the definitions of what is good or evil. Thus when the state creates such legislation, she denies that the law has binding authority. If the law interferes with the ability to do good and avoid evil, then it is not a law at all. It is merely an act of coercion.

Thus the Church will challenge the state that decrees that it can make marriage anything other than between one man and one woman. The Church will challenge the state if it decrees that abortion is a "right." The Church will challenge the state if the state demands that employers violate their religious faith by paying for contraceptives.

When the state decrees such things, these laws lack the morally binding force that valid human law possesses. The government can use force to demand compliance—do it or be sued, locked up or dead.

Now while that threat of coercion may work on individuals within the Church, it doesn't work on the Church as a whole. The Church that recognizes the witness of martyrdom (which is not to be confused with the perversion of the term by those who blow themselves and others up to make a point).

Martyrdom in the Catholic sense says that it is better to suffer evil than to do evil—even to the point of dying rather than doing what God forbids. The Catholic faith, which says, " I would rather suffer as an innocent than to be guilty of doing what God forbids," does not accept the claims of the state to have the right to make good evil or evil good.

The reasons above also explain why the Church—contrary to the hopes of the media—will never permit abortion, woman priests, "gay marriage," contraception, or remarriage when the spouse of a pervious valid marriage is still alive. The Church is not an institution which arbitrarily makes up rules for Catholics to follow and can undo them whenever she likes. When God teaches us what is good or evil, the Catholic Church knows she does not have the authority to change that teaching.

When one understands these things, it becomes clear how the Church can be in opposition to the human laws of a government without being partisan. The Church can accept a government which seeks the true common good and does not seek to elevate itself to the greatest importance and does not seek to make laws it has no right or authority to make.

But it must seek to convert the government that seeks partisan gain for its supporters, that seeks to pass laws it has no right to pass.

This then is why the Catholic Church must sometimes be in opposition to our government.

Thoughts on Catholicism and Human Law

I would like to expand on something I wrote a few days ago concerning the concept of legitimate and illegitimate law. I hope in this day and age (unfortunately, you never know) most people would recognize that governments can and do create unjust laws (whether actual laws, judicial rulings and executive orders) which are made binding through force—not just in totalitarian nations, but right here in the US as well.

Realizing that even in the Western Nations (which are always held up as the paragon of freedom compared to the rest of the world, fair or not) the governments can and do create unjust laws is important. It shows that no state government is impeccable in creating laws (human laws, to distinguish from Divine Law and Natural Law)—even if our own party of preference is in command.

I think that with this understanding in mind, the Catholic perspective should be explored. A lot of accusations have been made about us, and we need to have a basic understanding on how the Church views the authority of the state and the human law it creates.

We're not anarchists. We don't hold that the adage, the government that governs best governs least. Nor do we hold that government is a necessary evil. When it works as it ought, government justly holds authority and must be heeded. On the other hand, Catholicism is not a proponent of Big Government. The authority of the state certainly has limits as to what it can do.

In the Catholic perspective, the purpose of government is ensuring the common good. However, the government is not itself the common good. It can only be a means to this end. The government does not have the authority to redefine what the common good is, and the burdens of the law must not be unequally proportioned—such as favoring your friends and harming your enemies. (See Summa Theologica I II Q 96 a4). Finally, the laws passed cannot exceed the authority of the lawgiver.

This last point is important. While certain views of government exalt the power of the state, when the government decrees something it has no right to decree, the law it passes has no authority—much like if I were to pass a law that all the houses on my block have the obligation to pay me a 20% tax on their gross income. I would have no right to make such a law because I do not have the authority to even make a law. Maybe if I had my own private militia I could get away with it, but the law would have no authority on its own.

A government may decree a thing, but if the thing decreed goes beyond the authority of the government to decree, then the only way that the law can be binding is if the government uses force to carry out the law. There would be no moral  obligation to follow such a law.

When you see these principles, it becomes clear that sometimes the Church must necessarily be in opposition to certain acts of government but is not acting in a partisan manner in doing so.

The Church rejects the claim by a state that it can decide to change the definitions of what is good or evil. Thus when the state creates such legislation, she denies that the law has binding authority. If the law interferes with the ability to do good and avoid evil, then it is not a law at all. It is merely an act of coercion.

Thus the Church will challenge the state that decrees that it can make marriage anything other than between one man and one woman. The Church will challenge the state if it decrees that abortion is a "right." The Church will challenge the state if the state demands that employers violate their religious faith by paying for contraceptives.

When the state decrees such things, these laws lack the morally binding force that valid human law possesses. The government can use force to demand compliance—do it or be sued, locked up or dead.

Now while that threat of coercion may work on individuals within the Church, it doesn't work on the Church as a whole. The Church that recognizes the witness of martyrdom (which is not to be confused with the perversion of the term by those who blow themselves and others up to make a point).

Martyrdom in the Catholic sense says that it is better to suffer evil than to do evil—even to the point of dying rather than doing what God forbids. The Catholic faith, which says, " I would rather suffer as an innocent than to be guilty of doing what God forbids," does not accept the claims of the state to have the right to make good evil or evil good.

The reasons above also explain why the Church—contrary to the hopes of the media—will never permit abortion, woman priests, "gay marriage," contraception, or remarriage when the spouse of a pervious valid marriage is still alive. The Church is not an institution which arbitrarily makes up rules for Catholics to follow and can undo them whenever she likes. When God teaches us what is good or evil, the Catholic Church knows she does not have the authority to change that teaching.

When one understands these things, it becomes clear how the Church can be in opposition to the human laws of a government without being partisan. The Church can accept a government which seeks the true common good and does not seek to elevate itself to the greatest importance and does not seek to make laws it has no right or authority to make.

But it must seek to convert the government that seeks partisan gain for its supporters, that seeks to pass laws it has no right to pass.

This then is why the Catholic Church must sometimes be in opposition to our government.