Megan, Scalia's argument about the validity of Roe v. Wade has never been remotely related to Catholic directives. In fact, it's widely regarded by those of us who HAVE gone to law school as one of the most poorly-reasoned decisions. While I fully support a woman's right to choose, there's no getting around the fact that the majority essentially invented a constitutional right to privacy in order to justify its decision. Granted, there are those constitutional scholars who say that right is implied, but it's misleading to frame Scalia's statement about Roe v. Wade as some kind of cover for his "sinister Catholic agenda."
And like many others have said, can Jez lay off the Catholics? I'm technically lapsed, but I can assure you that the majority of US Catholics vote Democratic, and as feminists, you should all be well aware of the Catholic Worker Movement, which was founded by Dorothy Day and espoused women's rights, birth control, etc. I could go on about Catholic social teaching, but I'd rather not waste time making the same point that others in the comments have already said eloquently.
@Kater Tot: I so wish the majority in Roe v. Wade had employed a "women's rights" sort of argument at least. That decision made me uncomfortable too, and though I hate Scalia and his principles he generally at least tries to employ a consistent logic when evaluating things. Consistently annoying, but still, rare references to the Pope or the Virgin Mary.
You even point out that Scalia's issue with Roe v. Wade is a republican ideology rather than because he is Catholic.
Like it has been said previously in the comments- Sure the Vatican is spouting off on occasion, but most Catholics are not drones of the Pope. I'm an atheist, but grew up Catholic, and the Catholic-bashing makes me wonder why only my parent's religion is up for this kind of article?
OR the Catholic justices could just not participate in deciding abortion and death penalty cases. Appellate judges frequently sit out cases if they have a conflict of interest.
This would leave mostly liberal justices to decide the most contentious social-issue cases. Whooohoo!
@Sleuthy Sleuthstein: Generally, if you ask a Christian why he/she thinks murder is wrong, they will say something about "unjustly depriving someone of their life" not "because God said it's wrong." Even though anti-choice is most often associated with religious beliefs, it's hard to make the determination that someone thinks something is wrong solely because God said it is. Even if you aren't religious, you could still believe that life begins at conception and be uncomfortable with abortion. My point is just that delving into why people believe certain things, and telling them some reasons for believing these things are okay, while others are not is just a suspect, discriminatory thing to do.
I do think Prop 8 was fueled almost entirely, 100% by religious values, and I am uncomfortable with the line between church and state being crossed there. But someone voting on a complicated moral issue shouldn't be discredited simply because religious beliefs may inform their morality.
Aw, c'mon, we hate Scalia because we disagree with him. The great liberal justices, Warren, Brennan, Blackmon, Marshall were driven by their own social and political ideologies as is Scalia. That's racing.
If Scalia has to go, then so does Kennedy. Kennedy is Catholic, and generally pretty conservative. As the swing vote, Kennedy has almost single handedly made america more safe for gays and lesbians. Don't believe me? Read his opinions in Romer v. Evans and Lawrence v. Texas.
@nwporn: Your moral beliefs will always color how you read the Constitution because it's not a code and it's open to quite a bit of interpretation. I mean, the founding fathers didn't anticipate the issue of facebook bullying in a public school when they wrote it.
Of course, "activist judges" on either side of the political spectrum are a concern, but as always, it's only activist when you don't agree with it! This is just a ridiculous article.
I guess I am a pretty harsh critic of the RC Church, having been a practicing Catholic until around age 26.
I can't speak for anyone else on this board but I enjoy Jezebel because I like to talk about equality for women as a goal and as the natural state of things.
But, in society, women just don't have equality, and most here agree. So, for me the next question is Why?
Others have different solutions, but mine frequently comes back to religion. For me, it's not about Catholic bashing so much as it's about puzzling out the whys things.
Please feel free to point out any errors in my logic or assumptions. In return I feel free to criticize where I think it's warranted.
Yeah, lets just get all these judges we don't like to resign - the answer to all our nation's problems! Seriously, get a grip and understand the importance of the role of process in our country's legal and political system.
I think the question of free will is a bit of a red herring, since the Pope clearly believes in metaphysical free will, but also that people will suffer divine punishment if they don't use their free will to follow the Church's teachings.
The question really does turn on whether Scalia's personal Catholicism is at odds with his original intent reading of the Constitution. (FWIW, I'd be just as happy if held neither of those beliefs.) They may not totally not be. I think the newsworthy aspect here is less a return to anti-Catholic bigotry in this country, and more highlighting that the Pope is really starting to tighten ship as to who gets to stay a part of the Roman Catholic church.
@Laulau: I think some people are saying "free will" when they really mean that Catholics are allowed to, and actually are supposed to, follow their conscience.
@mass romantic: That does help terminologically, but surely that's not actually the case, at least in many instances? Having been at a Jesuit school for seven years, I know a fair amount anecdotally but not enough to speak authoritatively here. If you can be excommunicated for divorce, if the eucharist should be withheld simply for being pro-choice ... that strikes me as the Church taking a fairly authoritarian stand as to personal conscience.
scalia is an ass, no doubt, but it has nothing to do with being catholic. as the article points out, he's not the only catholic justice. justices roberts, thomas, and kennedy are also catholics. kennedy has consistently favored roe versus wade, while the other three clearly do not. pelosi and biden are also catholic, but pro-choice, so clearly catholics are able to form their own opinions, independent of offical church positions and i fear these kind of articles only increase fear of electic catholics to high office and/or the courts.
because, seriously, since when have catholics (me included) paid much mind to the pope? with all due respect to his holiness, he's pretty out of touch on most issues, and so far off base on this particular one, it's ridiculous.
politicians are obligated to cast votes in line with the wishes of those who elected them, not their own religious beliefs. likewise, judges are obligated to uphold the consitution and other statutes, not make decisions based upon their personal beliefs.
and that's the problem with scalia and roberts and thomas. it's not at all that they are catholic. it's that they have very conservative personal views and insert those into their legal opinions. they'd do that no matter what their religion was because they are pompous assholes.
precisely, plus Scalia's support of the death penalty is clearly contrary to the Catholic church's teaching and thus it's obvious that he acts as a conservative first and a catholic second.
Look, I strongly dislike Justice Scalia on a personal and a professional level, and when I tell people that his writing reminds me of Paul the Apostle, that is not a compliment to either man.
That said, this is a horrible article that smacks of the same mindless, irrational anti-Catholic hysteria that arose when Kennedy took office, and Jezebel should be ashamed of itself for feeding into it.
Look, Catholics supposed to listen to the Pope, that's fine, whatever. We've all just listened. But Catholics believe in free will, Megan, and the percentage of any of us who obey the Pope on all things at any given time is astronomically low. Think of what he says as more like guidelines, really.
I ask that you please keep that firmly in mind the next time you write another of these posts on Monday or so. I really do enjoy your writing in general, but on this issue you just seem to be spouting prejudice.
I'm going to give Scalia enough credit as a jurist to say that I do not believe that he will react to this statement by the Pope in such a way as that would require him to resign.
@Wit: Cosigned. I'm frustrated beyond belief with the Catholic bashing, and I'm a cafeteria Catholic who hasn't been to mass since Christmas. It's to the poing where I don't want to click on any of Megan's posts anymore, and possibly skip Jezebel all together. This is the third rabidly anti-Catholic posting this week. It's intimidating, honestly.
@Wit: Thank you! I always try to say something like this, and you said it really well-- a billion people belong to this church, it's been around for two thousand years, obviously it's got some sublety and leeway that people on the outside might not see. However, I don't think that stories like these are all perpetrated by anti-catholics. I know a lot of hardcore Catholics who buy right into it and will say the same things themselves. You know, the self-righteous National Review types. Unfortunately they're kinda getting louder than the rest of American Catholics lately...
@Wit: "Look, Catholics supposed to listen to the Pope, that's fine, whatever. We've all just listened. But Catholics believe in free will, Megan, and the percentage of any of us who obey the Pope on all things at any given time is astronomically low. Think of what he says as more like guidelines, really."
And if anyone bothered to do a little research, they'd find out that first, the Pope has only very limited authority to speak to the universal church rather than to just give orders within his own diocese (as the bishop of Rome) and they ARE just guidelines and nice ideas unless our own local bishops agree; and, second, that the Papacy has only spoken infallibly twice since infallibility was defined at Vatican I, much as everyone likes to throw THAT little canard around.
But I suppose this kind of information would get in the way of adequately inflammatory cries of "Papistry!"
@Eyebrows McGee: Second you on this one. It's called "responsible dissent" the the liberal Jesuits who've educated me have been practicing it for centuries. Basically, at the end of the day, your individual conscience is your guide. If the Church (as in the "teaching authority") espouses a moral tenet that you can't agree with, you are supposed to pray, educate yourself more, pray, and then assess where your conscience is guiding you. If you find that you can't get on board with the Church, you have to listen to your own moral compass.
@Kshine: Personally, I keep submitting my conscience for correction on certain issues (*coughbirthcontrolcough*) and it keeps coming back uncorrected. :D
The pope said something up there that maybe explainst the disconnect between Catholics and non-. Specifically, that "the church's consistent teaching[s] ... enjoin all Catholics." Yesterday I read that not all Catholics are the same, which I truly believe. But I think that statements like that one are hurting their cause.
@AuntieBee: Yeah, we don't have to believe everything they say. I'm a proud cafeteria-Catholic. I take a big helping of Mary and a little side of pagan ritual and a bit of incense for dessert but I don't want to mess with the other stuff.
My mom is pretty devout but strikingly liberal. Whenever the Pope talks about birth control or the gayz or abortion, she just waves her hands and says, "They'll learn... eventually." and then says a rosary.
@AuntieBee: There's a traditional teaching about there being something like 12 levels of truth. Some truths are truthier than others. Like you're pretty obligated to believe in the Trinity and the divinity of Jesus; you're somewhat less obligated to believe that drunk driving is a mortal sin.
Another way of stating the same idea is the idea of "core" teachings and "adiaphora." "Core" teachings are the ones that are the center of the faith, without which you cannot call yourself an X. (For Catholics (and many other Christians), the Nicene Creed would be the big "core" statement.) "Adiaphora" means "stuff that doesn't really matter" (well, sort-of) ... the less-important teachings that you can dissent from if your conscience requires it, but still call yourself Catholic.
I think Scalia should quit simply because I don't like him and I can't look at him without thinking of his hairy Italian man-thighs and how they must be the grossest man-thighs in the world.
Bodysnarking I am, but Scalia woman-snarks. His offense is much greater than mine.
just because a person self-identifies as a certain religion doesn't mean you know everything about that person's religious identity. Many of my friends would consider themselves pretty devout catholics and are pro-choice and pro-gay rights. the catholic (and mormon, and evangelical christian) bashing on this blog has kind of gotten out of control. If we need to take a step back and give a person the benefit of the doubt that it wasn't his faith to lop off the head of his wife's head, we can give Scalia the benefit of the doubt that his belief systems come do not step from simply blindly following the rhetoric of the pope.
I self-identify as a lapsed Catholic because there are too many tenants of dogma that I don't hold to (plus I'm a whore who doesn't go to Church), similarly, I know many people who don't believe in abortion (at least for themselves) not because the Church says not to but because they believe it's a life. I.e. people hold those belief and are thus that religion and not necessarily are that religion and thus hold those beliefs.
@LibidinousSlut: Thank you. Though I make a lot of jokes about being a lapsed Catholic (growing up Catholic provides so many anticdotes...) I sometimes feel uncomfortable. I don't have a problem with how anyone else lives their lives as long as they're trying to be a good person (example: I don't care who you're sleeping with. I do care if that person doesn't consent. I don't care if you remove a bundle of cells from your body. I do care if you neglect a child. etc. ) but I kind of wish there was less Catholic/Christian bashing here.
@Bunson.: I prefer the term submarine Catholic: I emerge for major holidays like Christmas and Easter. For me, it makes no sense to the Pope to lecture Nancy Pelosi or Antonin Scalia, when the American political system makes it very clear there is a division between Church and State. His words are simply going to fall on deaf ears.
@brendastarlet is on it: ok but do you think that Pelosi and Scalia are the only target ears? What about lay people that don't care think deeply about all the conflicting issues in Catholic faith? I am guessing those ears aren't deaf, and do have money to contribute.
@LibidinousSlut: Well said. I'm not Catholic myself and I don't attend church nearly enough to call myself an Episcopalian (and the EUSA is too busy imploding to care), but I generally try NOT to knock other people's faith...or lack there of. Bashing ANY religion is a bit close minded.
Fact is there are many liberals and Democrats who regularly worship some god and there are many conservatives and Republicans who have no faith whatsoever. So it's a backwards to cry separation of Church and State and then politicize faith.
Course politicizing faith is all the rage with the Catholics and the EUSA too. So whatever.
I consider myself a devout Catholic, which, based on some of the comments on here means I can't get dressed in the morning without asking, What Would Benedict Do? I find the anti-Catholic undertones on here offensive as well, and simply wish I could have expressed that as well as you did.
That being said, I think there are way too many logical jumps in this both the Kmiec article and this explanation of it. It seems like he is trying way to hard to catch Scalia in a "gotcha!" situation. Get over yourself, Kmiec.
@maggeimerc: "Course politicizing faith is all the rage with the Catholics and the EUSA too. "
To be honest, the press contributes to these issues like crazy. The Pope could issues 12 statements on the evils of global warming, and 1 on the evils of abortion, and only the one on abortion would get coverage -- and it will be shrill, almost hysterical coverage in many quarters on both sides of the aisle. By covering THESE issues but ignoring the many issues where Catholicism (or whatever the religion of the day is) aligns with liberal POVs, it helps create and feed this vision of the conservative, backwards religious establishment -- to the point where even many Catholics are unaware their church has multiple statements on environmentalism, global warming, etc. And then the press covers the next story saying the same, because it confirms their pre-selected bias, and we get this giant echo chamber where only certain religious issues get coverage, and they tend to reinforce, over and over, the same stereotypes.
@Wit: This absolutely was inflammatory. I dislike Scalia as well, and I'm an atheist, but until the man starts saying the Virgin Mary on his toast informs his opinions/dissents I think we should hold off calling for his resignation.
02/20/09
And like many others have said, can Jez lay off the Catholics? I'm technically lapsed, but I can assure you that the majority of US Catholics vote Democratic, and as feminists, you should all be well aware of the Catholic Worker Movement, which was founded by Dorothy Day and espoused women's rights, birth control, etc. I could go on about Catholic social teaching, but I'd rather not waste time making the same point that others in the comments have already said eloquently.
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Like it has been said previously in the comments- Sure the Vatican is spouting off on occasion, but most Catholics are not drones of the Pope. I'm an atheist, but grew up Catholic, and the Catholic-bashing makes me wonder why only my parent's religion is up for this kind of article?
02/20/09
This would leave mostly liberal justices to decide the most contentious social-issue cases. Whooohoo!
02/20/09
I do think Prop 8 was fueled almost entirely, 100% by religious values, and I am uncomfortable with the line between church and state being crossed there. But someone voting on a complicated moral issue shouldn't be discredited simply because religious beliefs may inform their morality.
02/20/09
If Scalia has to go, then so does Kennedy. Kennedy is Catholic, and generally pretty conservative. As the swing vote, Kennedy has almost single handedly made america more safe for gays and lesbians. Don't believe me? Read his opinions in Romer v. Evans and Lawrence v. Texas.
02/20/09
Of course, "activist judges" on either side of the political spectrum are a concern, but as always, it's only activist when you don't agree with it! This is just a ridiculous article.
02/20/09
I can't speak for anyone else on this board but I enjoy Jezebel because I like to talk about equality for women as a goal and as the natural state of things.
But, in society, women just don't have equality, and most here agree. So, for me the next question is Why?
Others have different solutions, but mine frequently comes back to religion. For me, it's not about Catholic bashing so much as it's about puzzling out the whys things.
Please feel free to point out any errors in my logic or assumptions. In return I feel free to criticize where I think it's warranted.
02/20/09
It's kind of getting tiresome to explain one-self on this site over and over. :-(
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The question really does turn on whether Scalia's personal Catholicism is at odds with his original intent reading of the Constitution. (FWIW, I'd be just as happy if held neither of those beliefs.) They may not totally not be. I think the newsworthy aspect here is less a return to anti-Catholic bigotry in this country, and more highlighting that the Pope is really starting to tighten ship as to who gets to stay a part of the Roman Catholic church.
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pelosi and biden are also catholic, but pro-choice, so clearly catholics are able to form their own opinions, independent of offical church positions and i fear these kind of articles only increase fear of electic catholics to high office and/or the courts.
because, seriously, since when have catholics (me included) paid much mind to the pope? with all due respect to his holiness, he's pretty out of touch on most issues, and so far off base on this particular one, it's ridiculous.
politicians are obligated to cast votes in line with the wishes of those who elected them, not their own religious beliefs. likewise, judges are obligated to uphold the consitution and other statutes, not make decisions based upon their personal beliefs.
and that's the problem with scalia and roberts and thomas. it's not at all that they are catholic. it's that they have very conservative personal views and insert those into their legal opinions. they'd do that no matter what their religion was because they are pompous assholes.
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That said, this is a horrible article that smacks of the same mindless, irrational anti-Catholic hysteria that arose when Kennedy took office, and Jezebel should be ashamed of itself for feeding into it.
Look, Catholics supposed to listen to the Pope, that's fine, whatever. We've all just listened. But Catholics believe in free will, Megan, and the percentage of any of us who obey the Pope on all things at any given time is astronomically low. Think of what he says as more like guidelines, really.
I ask that you please keep that firmly in mind the next time you write another of these posts on Monday or so. I really do enjoy your writing in general, but on this issue you just seem to be spouting prejudice.
I'm going to give Scalia enough credit as a jurist to say that I do not believe that he will react to this statement by the Pope in such a way as that would require him to resign.
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And if anyone bothered to do a little research, they'd find out that first, the Pope has only very limited authority to speak to the universal church rather than to just give orders within his own diocese (as the bishop of Rome) and they ARE just guidelines and nice ideas unless our own local bishops agree; and, second, that the Papacy has only spoken infallibly twice since infallibility was defined at Vatican I, much as everyone likes to throw THAT little canard around.
But I suppose this kind of information would get in the way of adequately inflammatory cries of "Papistry!"
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Good explanation of responsible dissent. :)
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My mom is pretty devout but strikingly liberal. Whenever the Pope talks about birth control or the gayz or abortion, she just waves her hands and says, "They'll learn... eventually." and then says a rosary.
02/20/09
Another way of stating the same idea is the idea of "core" teachings and "adiaphora." "Core" teachings are the ones that are the center of the faith, without which you cannot call yourself an X. (For Catholics (and many other Christians), the Nicene Creed would be the big "core" statement.) "Adiaphora" means "stuff that doesn't really matter" (well, sort-of) ... the less-important teachings that you can dissent from if your conscience requires it, but still call yourself Catholic.
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Bodysnarking I am, but Scalia woman-snarks. His offense is much greater than mine.
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I self-identify as a lapsed Catholic because there are too many tenants of dogma that I don't hold to (plus I'm a whore who doesn't go to Church), similarly, I know many people who don't believe in abortion (at least for themselves) not because the Church says not to but because they believe it's a life. I.e. people hold those belief and are thus that religion and not necessarily are that religion and thus hold those beliefs.
02/20/09
I'm adding you as a friend.
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Fact is there are many liberals and Democrats who regularly worship some god and there are many conservatives and Republicans who have no faith whatsoever. So it's a backwards to cry separation of Church and State and then politicize faith.
Course politicizing faith is all the rage with the Catholics and the EUSA too. So whatever.
02/20/09
I consider myself a devout Catholic, which, based on some of the comments on here means I can't get dressed in the morning without asking, What Would Benedict Do? I find the anti-Catholic undertones on here offensive as well, and simply wish I could have expressed that as well as you did.
That being said, I think there are way too many logical jumps in this both the Kmiec article and this explanation of it. It seems like he is trying way to hard to catch Scalia in a "gotcha!" situation. Get over yourself, Kmiec.
/sorry for rant, bad mood.
02/20/09
To be honest, the press contributes to these issues like crazy. The Pope could issues 12 statements on the evils of global warming, and 1 on the evils of abortion, and only the one on abortion would get coverage -- and it will be shrill, almost hysterical coverage in many quarters on both sides of the aisle. By covering THESE issues but ignoring the many issues where Catholicism (or whatever the religion of the day is) aligns with liberal POVs, it helps create and feed this vision of the conservative, backwards religious establishment -- to the point where even many Catholics are unaware their church has multiple statements on environmentalism, global warming, etc. And then the press covers the next story saying the same, because it confirms their pre-selected bias, and we get this giant echo chamber where only certain religious issues get coverage, and they tend to reinforce, over and over, the same stereotypes.
02/20/09