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Is the Benedict Option the only option?

February 26, 2017 CNA Daily News 0

Denver, Colo., Feb 26, 2017 / 03:46 pm (CNA).- When Josh and Laura Martin, both converts to the faith, moved their growing family of six from the city of Dallas, Texas to the hills of Oklahoma, they didn’t necessarily know that they were particip… […]

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Is the Catholic Church anti-woman? Two feminist scholars debate

February 26, 2017 CNA Daily News 0

Boulder, Colo., Feb 26, 2017 / 03:02 am (CNA/EWTN News).- For Erika Bachiochi, the Catholic Church has been able to offer a genuine pro-woman theology which not only safeguards and protects her stance as a feminist, but also enhances her ability to be strong in all aspects of her life.

Dr. Mary Anne Case would like to differ. She believes that while Catholic feminism exists, the institutional Catholic Church – namely the Vatican and Magisterium – is overtly anti-woman.

These two legal scholars from varied backgrounds met on the common stage of feminism at the Aquinas Institute for Catholic Thought’s 10th annual Great Debate in Boulder, Colo. on Feb. 23. The two women presented dissenting arguments for both sides of the spectrum on Catholic feminism and tackled the question: is the Church anti-woman?

Dr. Case, a law professor at the University of Chicago, answered in the affirmative, while Erika Bachiochi, a visiting fellow at the Ethics and Public Policy Center, answered in the negative.

“In my lifetime, the Church that had made me a feminist betrayed me,” Dr. Case said in her opening statements.

“I think the Church has let us down, and I think the Church has let us down relatively recently. The early church was very much not anti-woman. The gospels are not anti-woman,” she continued, saying the Catholic Church of the past was not anti-feminist.

However, Dr. Case argued that when the Church definitively said “no” to priestly ordination for women in the 1970s, they closed the door to half of the population of the Church.

“The problem with the Catholic Church is that all authority flows from ordination. The Magisterium – as it need not be – is composed of men and cardinals,” Dr. Case said, suggesting that women should at least be allowed in the decision-making that flows from the hierarchy of the Magisterium.

The law professor spoke at the debate wearing a button from the 1970s on her shirt that said “If you aren’t going to ordain women, stop baptizing them.”

This, she said, is a representation of the economy of salvation: if women cannot be priests because they do not image Christ, how can women become saved in the eyes of the Church, since salvation can only arrive through the extent that Christ images us?

Dr. Case also pointed to some of the Catholic Church’s greatest thinkers, such as St. Thomas Aquinas, who believed that “women are necessarily in a state of subjection,” and that females are “misbegotten males.” She also highlighted that the Sistine Chapel’s Creation of Man, is indeed that of a man – and does not include Eve.

Within the last 50 years, Dr. Case believes that the Church shifted away from the idea that men and women are equal when it introduced the idea of complementarity, particularly seen in Pope St. John Paul II’s Theology of the Body, saying that placing characteristics or roles on each gender negates their equality.

“There should be no fixed notions concerning the role of males and females,” Dr. Case suggested, and pointed to St. Augustine’s notion that the soul does not have a sex.

In response, Bachiochi said that “papal teaching has rejected the essentialist view that woman and men possess mutually exclusive fixed character traits.” Sexuality does not take away from the equality of men and women, she said, but simply makes them “distinctive.”

While Bachiochi was once a pro-choice, socialist feminist, she has since shifted her beliefs towards the teachings and beliefs of Catholicism. She agreed with Dr. Case on a number of different levels, saying that “there should be more women’s voices in the Church.”

However, the most notable differences between the two scholars was on the point of clerics and sexual teachings. While Dr. Case argued that women can and should be ordained Catholic priests, Bachiochi said the notion reeked of clericalism.

“I have no less authority than a priest as a baptized Christian,” Bachiochi said.

“A priest has authority to represent Christ in a sacramental way, and I have the authority to represent Christ in every other area of my life,” she said, adding that the focus on female priests can also take away from the good work that professional and religious women are already doing within the Church.

However, Dr. Case pointed out that men in the Catholic Church “have all of the opportunities, and then some. How can the church not be anti-women…if women are not part of the decision making?”

To this, Bachiochi agreed that more female voices are needed within the Church, but did point to the Pontifical Council of the Laity, which seeks female voices, and other prominent church leaders such as Mary Glendon, who serves on various Vatican boards, and Sr. Prudence Allen, R.S.M., who is a philosopher appointed to the Vatican’s International Theological Commission.

Bachiochi went on to find fundamental differences with the modern idea of feminism, which claims that abortion and contraception rights are the capstone to the whole movement. She has found in her own experience that these same notions can also be the downfall to women.

Instead, Bachiochi suggested that Catholic feminism indeed exists, and is protected by the Church, precisely because of its teachings about sexual and reproductive rights, particularly Natural Family Planning.

“I believe that Catholic Christianity, and in particular the controversial sexual teachings of the Catholic Church, are deeply pro-woman. It was precisely these teachings on monogamy, divorce, birth control, abortion and infanticide that attracted women in the first century into the Christian fold,” Bachiochi stated.

“As a feminist, NFP does something that contraception neglects… it gets men to think about the reality,” she noted, saying that through NFP, less pressure is put on the woman to take the pill or get an IUD, and more emphasis is placed on men and their responsibility in the sexual act.

She also mentioned that the Catholic Church in particular has always been pro-woman, as seen through its recognition of female saints, political leaders, and scholars, and its production of educational systems and healthcare centered around the good of women.

Bachiochi additionally noted that “Mary, the Mother of God, is heralded by the Catholic Church as the single greatest human that has ever lived.”

“The greatest among us are not the clerics, but the saints.”

[…]

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Archbishop Chaput and his new book are coming to NYC, DC

February 24, 2017 CNA Daily News 0

Philadelphia, Pa., Feb 24, 2017 / 04:33 pm (CNA/EWTN News).- Philadelphia’s Archbishop Charles Chaput will present his latest book in New York City and Washington, D.C. in the near future, discussing the changed situation for Catholicism in America.

“As Christians, we’re offering a salvific message in a therapeutic culture. It’s a tough sale,” the archbishop told CNA. He suggested that new understandings of religion and civic life are very different from previous generations.

“Jesus changed the world with 12 very flawed men,” Archbishop Chaput said. “We have plenty of good men and women, and more than enough resources, to do the same. But not if we’re too self-absorbed and too eager to fit into the world around us to suffer for our faith. We’re not short of vocations. We’re short of clear thinking and zeal.”

His newest book, “Strangers in a Strange Land: Living the Catholic Faith in a Post-Christian World,” was released Feb. 21 by Henry Holt and Co. The archbishop makes the case that American culture has undergone a qualitative change from the past, and he considers the future for Catholics and Americans in public and private life.

While there are tens of millions of actively practicing Christians in the U.S., Archbishop Chaput suggests the overall trends in religious affiliation are not good. He stressed that the Christian past was great only insofar as Christians were faithful to Jesus Christ.

The archbishop will hold a book signing, deliver comments and take part in a panel discussion.

On Feb. 27 in New York City he will hold an event at 7 p.m. at the Sheen Center, 18 Bleecker Street, Manhattan.

The Washington, D.C. event will take place March 14 at 6:30 p.m. at the Catholic Information Center, 1501 K Street NW.

Admission at both events is free.

 

[…]

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Supreme Court hears case of Mexican teen shot at border

February 24, 2017 CNA Daily News 0

Washington D.C., Feb 24, 2017 / 04:25 pm (CNA).- The Supreme Court this week heard oral arguments in the case of a Mexican teen shot dead by a border patrol agent. But when it comes to legal standing in the case, the situation is far from clear.

“This is a difficult case, as its facts are very compelling for the plaintiffs, but the law is less so,” said Mary G. Leary, professor of law at The Catholic University of America.

Leary spoke with CNA about the case Hernandez v. Mesa currently before the Supreme Court.  

At the U.S.-Mexico border in 2010, three Mexican boys played a game of “chicken” by seeing who would run the closest to the border. Fifteen-year-old Sergio Hernandez crossed the border and was noticed by border patrol agent Jesus Mesa. As Hernandez ran back into a culvert between the walls on either side of the border, the agent shot him dead.

Mexico requested that Mesa be extradited for the killing, but the U.S. refused. Hernandez’s family sued for damages, claiming that the Fourth Amendment protects against such use of force on the border.

Although the Hernandez family has appealed to the Constitution, the Fourth Amendment protections might not necessarily apply in the case, Leary said.

“The plaintiffs have made a constitutional claim, but it is far from clear that the Constitution applies to the family of a non-American citizen injured or in this case killed outside the border of the United States,” she stated.

The Fourth Circuit had dismissed the case, saying “the plaintiffs fail to allege a violation of the Fourth Amendment, and that the Fifth Amendment right asserted by the plaintiffs was not clearly established at the time of the complained-of incident.”

Oral arguments in the case of Hernandez v. Mesa were heard by the Supreme Court on Tuesday.

“This tragic case is one of the most simple extraterritorial cases this Court will ever have in front of it,” said Robert Hilliard, arguing for the teen’s family.

“First, all of the conduct of the domestic police officer happened inside the United States. Second, it was a civilian domestic police officer. Third it was a civilian plaintiff, not an enemy combatant. Fourth, it was one of the most fundamental rights, the right to life. Fifth, the other government involved supports – the government of Mexico supports the claim,” he said.

Justice Stephen Breyer admitted that the family has “a very sympathetic case,” but he and other justices were skeptical of issuing a broad ruling that could affect drone killings carried out in foreign countries by citizens operating in the U.S.

Also, justices noted, there is no specific rule on the books dealing with these instances. Lawyers are trying to make the case for the victim’s family by appealing to the Fourth Amendment’s protections against “unreasonable search and seizure.”

Hernandez’s case is not an isolated one, Hilliard insisted, claiming that there have been “at least 10 cross-border shootings” with six deaths of Mexican nationals.

Justice Kennedy asked whether the Court should consider the matter if “this is one of the most sensitive areas of foreign affairs” and “the political branches should discuss with Mexico what the solution ought to be.”

“But isn’t this an urgent matter of separation of powers for us to respect the duty that…the executive and the legislative have with respect to foreign affairs?” he asked Hilliard.

When Randolph Ortega argued for Mesa before the Court, justices pressed him on the location of the killing and the role of Border Patrol officers.

“The actor is the Border Patrol member. And the instruction from the United States is very clear: Do not shoot to kill an unarmed, non-dangerous person who is no threat to your safety. Do not shoot to kill. That’s U.S. law,” Justice Ruth Bader Ginsburg observed.

“It’s the United States law operating on the United States official who’s acting inside the United States. This case has, as far as the conduct is concerned, United States written all over it,” she said.

Ortega insisted that “in areas of the United States where there is a clearly defined border, as we have here, the Fourth Amendment stops unless the person seized – in this case Hernandez – had some voluntary contact with the United States.”

Ginsburg asked how it would be different if an officer, standing in the U.S., shot a foreign national in the U.S. versus shooting someone on the border.

“That doesn’t make a whole lot of sense, does it, to distinguish those two victims?” she asked.

“I think it’s very distinguishable because of the very real border,” Ortega replied. “Wars have been fought to establish borders. The border is very real.”

 

[…]

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Race-based death sentence rejected at US Supreme Court

February 23, 2017 CNA Daily News 0

Washington D.C., Feb 23, 2017 / 02:34 pm (CNA/EWTN News).- A death row inmate in Texas deserves a new sentencing hearing because his own lawyers called on an expert who claimed he was more likely to be dangerous because he is black, the U. S. Supreme Court has said.

Chief Justice John Roberts wrote the majority opinion in the Feb. 22 decision in Buck v. Davis, saying: “When a jury hears expert testimony that expressly makes a defendant’s race directly pertinent on the question of life or death, the impact of that evidence cannot be measured simply by how much air time it received at trial or how many pages it occupies in the record. Some toxins can be deadly in small doses.”

The man sentenced to death, Duane Buck, was convicted for two 1995 murders, which included killing his ex-girlfriend in front of her children. He also shot his step-sister at close range.

Buck will now be able to argue before a lower court that he should have a new sentencing hearing.

The 6-2 ruling was dissented from by Justices Clarence Thomas and Samuel Alito.

The case before the Supreme Court did not argue for Buck’s innocence, but emphasized his attorneys’ handling of the sentencing hearing, which considered whether Buck met the standard for “future dangerousness,” CNN reports.

Dr. Walter Quijano, a psychologist retained by Buck’s own defense attorneys, spoke at the sentencing hearing and claimed that the fact that Buck was black “increased the probability” he would commit future acts of violence.

Texas law allowed the jury to impose capital punishment only if it found unanimously and beyond a reasonable doubt that Buck was likely to commit acts of violence in the future.

Texas Solicitor General Scott Keller defended the sentence before the high court. He said Quijano’s testimony played a limited role at the trial. Other evidence of his future dangerousness cited the brutality of the murders, his lack of remorse, and the testimony of an ex-girlfriend.

During oral arguments, Alito said the race-related testimony was “indefensible” and “bizarre.”

Justice Ruth Bader Ginsburg asked “What competent counsel would put that evidence before a jury?”

In the dissenting opinion, Thomas said the lower courts had followed proper standards in upholding the sentence, National Public Radio reports. He added that the jury that sentenced Buck had sufficient reasons to recommend a death sentence on grounds other than Quijano’s comments.

Thomas wrote that “Having settled on a desired outcome, the Court bulldozes procedural obstacles and misapplies settled law to justify it.”

[…]