Making Good PoliticalChoices in a

Presented by

Rev. James T. Bretzke, S.J., S.T.D.

bretzke@bc.edu

A World without Evil?

Yes, in Utopia (Greek for “no place”) Everywhere else, this side of God’s

Kingdom, we must live with evil In moral theology the recognition of this

finitude is enshrined in four basic principles: Tolerance, Compromise, Minus Malum, & Double Effect

Each of which, when applied by reason, were seen as “good” and “right” and “moral”

Pope Francis on Politicians’ Vocation (EG #25)

Politics, though often denigrated, remains a lofty vocation and one of the highest forms of charity, inasmuch as it seeks the common good.

I beg the Lord to grant us more politicians who are genuinely disturbed by the state of society, the people, the lives of the poor!

It is vital that government leaders and financial leaders take heed and broaden their horizons, working to ensure that all citizens have dignified work, education and healthcare

“There Oughta Be a Law!”

Distinction between law and morality Thomas Aquinas’ Notions of Law

Law in General Eternal Law (God’s Creative

Intentionality) Natural Law (Human Participation in

God’s Law) Old and New Law (Covenant and Grace) Human Law

Question #1

The Catholic Church’s moral tradition has consistently held that human law should seek as far as possible to make illegal everything which is also immoral. TRUE or FALSE

Aquinas on Human Law & Morality

Human law is a dictate of the “practical reason,” which will not be the same for all people & all times (ST I-II, q. 94, art. 4; q. 97)

The purpose of human law is not to prevent all vice, and it should lead people to virtue, but gradually (ST I-II, q. 96)

Law does not prescribe every act of virtue, nor should every aspect of moral life be made the object of a law

Human laws can & should change according to need Laws that are unlikely to be observed should not be

promulgated since this may compromise legitimate authority

“In human government, those who rule properly should tolerate certain evils lest other good things are lost and even worse evils come about." (ST II-II, q. 10, art. 11)

Principle of Tolerance

Recognizes our “limitedness” in many real-life situations

Does not mean “giving up” on our moral values and ideals

Nor does it mean “aiding” or “promoting” evil

Principle founded in practical reason

Principle of Compromise

NOT Compromise with one’s view of what is morally required

But trying to maximize and concretize the good, and/or minimize or avoid evil (which might be greater if no compromise is reached)

At times compromise may have to involve action on our part, which at times may involve “cooperation” with evil

Question #2

The Catholic Church does not accept the justification advanced by some that when it is not possible to overturn or completely abrogate a pro-abortion law, an elected official, whose absolute personal opposition to procured abortion was well known, could licitly support proposals aimed at limiting the harm done by such a law. TRUE or FALSE

A particular problem of conscience can arise in cases where a legislative vote would be decisive for the passage of a more restrictive law, aimed at limiting the number of authorized abortions, in place of a more permissive law already passed or ready to be voted on. Such cases are not infrequent. It is a fact that while in some parts of the world there continue to be campaigns to introduce laws favoring abortion, often supported by powerful international organizations, in other nations—particularly those which have already experienced the bitter fruits of such permissive legislation—there are growing signs of a rethinking in this matter. In a case like the one just mentioned, when it is not possible to overturn or completely abrogate a pro-abortion law, an elected official, whose absolute personal opposition to procured abortion was well known, could licitly support proposals aimed at limiting the harm done by such a law and at lessening its negative consequences at the level of general opinion and public morality. This does not in fact represent an illicit cooperation with an unjust law, but rather a legitimate and proper attempt to limit its evil aspects. Who Said This??

Pope John Paul II, Evangelium Vitae, The Gospel of Life, 1995, #73

What Could “Limiting the Harm Done” Mean?

Question #3

The Catholic Church’s moral tradition has consistently held that one may never materially cooperate in allowing or aiding in promoting an action that is intrinsically evil. TRUE or FALSE

Hint for Question #3

“Material cooperation with evil is permitted when there is a just cause, proportionate to the gravity of the sin, and to the proximity of the cooperation.”

“It is always allowed materially to cooperate in another’s sin to avoid a greater evil.

Rev. Andrew Browne, C.Ss.R., Handbook of Notes on Theology, 1938

Voting record has promoted peace, preference for poor, dignity of work, religious freedom.

Abortion in most cases is wrong. Voted for limitations over 60 times.

Abortion legislation seen as imposing religious values.

Such laws unconstitutional and unenforceable. John Courtney Murray, SJ type Catholic:

“The authority of the Church does not decide what the civil law should be…distinction between public and private morality.”

“It is not the function of the legislator to forbid everything that the moral law forbids, or to enjoin everything the moral law enjoins.”

Rep. David Obey’s “My Conscience, My Vote”

Aspects of Cooperation with Evil “Formal” cooperation “Formal” refers to the

subjective element which “forms” or gives the real meaning to an act

Thus, means sharing the sinful intent of the primary agent who is committing the sin

Therefore, formal cooperation is ipso facto sinful

Material Cooperation Means providing in

some fashion something used in the execution of the sinful act

This involves varying degrees of responsibility

Which must be evaluated before assessing possible moral culpability

Questions #4 & 5

The Catholic Church holds that a Catholic would be guilty of formal cooperation in evil, and so unworthy to present him/herself for Holy Communion, if s/he were to deliberately vote for a candidate precisely because of the candidates permissive stand on abortion. TRUE or FALSE

The Catholic Church holds however that when a Catholic does not share a candidate’s stand in favor of abortion, but votes for that candidate for other reasons, it is considered remote material cooperation, which can be permitted in the presence of proportionate reasons. TRUE or FALSE

A Catholic would be guilty of formal cooperation in evil, and so unworthy to present himself for Holy Communion, if he were to deliberately vote for a candidate precisely because of the candidate’s permissive stand on abortion and/or euthanasia.

When a Catholic does not share a candidate’s stand in favor of abortion and/or euthanasia, but votes for that candidate for other reasons, it is considered remote material cooperation, which can be permitted in the presence of proportionate reasons

Joseph Cardinal Ratzinger, (later Pope Benedict XVI)Memorandum to Cardinal McCarrickJune 2004

Question #6

The Catholic Church holds that when a diocesan bishop clearly indicates his position on a particular candidate, political party, and/or piece of legislation the Catholics in his diocese are required in good conscience to follow his instruction in their voting. TRUE or FALSE

Catholic teachers and bishops need to hear from our Catholics in political life the challenges they face in the application of just moral principles in the arena of American political life, constitutional issues, and party politics. Such dialogue can assist us in offering better-informed teaching and pastoral guidance to members of the lay faithful who have generously undertaken public service, and to our Catholic people as a whole.

Archbishop (later Cardinal) William Levada 13 June 2004

Some Hints for Question #6

Catechism of the Catholic Church, # 1790:“A human being must always obey the certain judgment of his conscience. If he were deliberately to act against it, he would condemn himself. Yet it can happen that moral conscience remains in ignorance and makes erroneous judgments about acts to be performed or already committed.”

“Anyone upon whom the ecclesiastical authorities, in ignorance of the true facts, impose a demand that offends against his clear conscience, should perish in excommunication rather than violate his conscience.”

Thomas Aquinas, Commentary on the Sentences of Peter Lombard, Book IV, Disp. 38, Q. 2, Art 4, Expos. Text.

“Over the pope as the expression of the binding claim of ecclesiastical authority, there still stands one’s own conscience, which must be obeyed before all else, necessary even again the requirements of ecclesiastical authority. This emphasis on the individual, whose conscience confronts him with a supreme and ultimate tribunal, and one which in the last resort is beyond the claim of external social groups, even of the official Church, also establishes a principle in opposition to increasing totalitarianism.”

Joseph Ratzinger, Commentary on the Doctrine of Vatican II¸ vol. 5, p. 134 [Edited by Herbert Vorgrimler]

Question #7

The Catholic Church’s Canon Law holds that anyone who obtains or assists in procuring an abortion is automatically excommunicated (latae sententiae) regardless of any mitigating circumstances. TRUE or FALSE

Abortion & Excommunication

Canon 1398 “A person who procures a completed abortion incurs a latae sententiae excommunication.”

Penalty imposed ipso facto by one who knowingly and willfully commits a particular offense.

Though latae sententiae is often translated as “automatic” this is not entirely accurate, since canon law indicates a number of conditions that would prevent or mitigate incurring a latae sententiae penalty

Cf. Code of Canon Law CIC #1323 and #1324 for a listing of these factors which either block or mitigate canonical penalties.

CIC 1323 & 1324

The presence of any one (or more) of these factors removes canonical imputability, not merely diminishes it. From these excusing factors the most likely instances in an abortion case are given here below:

 1. Did the penitent know that the sin carried with it a penalty of automatic excommunication?

 2. Was the penitent under the age of 17 at the time of the offense?

 3. Did the penitent act out of force or fear?  4. Did the penitent have an imperfect use of

reason? (E.g. mental retardation, psychological impairment, etc.)

Denying Communion to Catholic Politicians and Voters

Canon 915: “Those who have been excommunicated or interdicted after the imposition or declaration of the penalty and others obstinately persevering in manifest grave sin are not to be admitted to holy communion.”

Canon 18: Odia restringi, et favores convenit ampliari : Principle of canon law interpretation which holds that burdens or strictures are to be interpreted in a narrow sense of application, while on the other hand favors are to be widely applied

Pope Francis on Reception of the Sacraments

Everyone can share in some way in the life of the Church; everyone can be part of the community, nor should the doors of the sacraments be closed for simply any reason. … The Eucharist, although it is the fullness of sacramental life, is not a prize for the perfect but a powerful medicine and nourishment for the weak. EG 47

Papal Nuncio Gives Communion to Sen. John Kerry in 2006

Moving To a Practical Decision

Making a Prudent Political Choice In A Morally Complex

WorldCan a Good and Faithful Catholic Vote for a Democrat? A Republican? Affordable Health Care? Contraception Insurance Coverage? Stem-Cell Research? Marriage Equality? Domestic Partners Benefits? Immigration Amnesty, Gun-Control Background Checks? Capital Punishment, Assisted Suicide, Progressive Taxation?

Is EVERY Moral Decision ALWAYS a Case of Clear-Cut Black and White?

Virtue of Prudence

“In human government, those who rule properly should tolerate certain evils lest other good things are lost and even worse evils come about." (ST II-II, q. 10, art. 11)

Prioritizing Catholic Social Teachings: Right to life and dignity of the human person Call to Family, community, and participation Rights and responsibilities Option for the poor and vulnerable Dignity of work and rights of workers Solidarity Caring for God’s creation

Compromise or Cooperation with Evil?

Three Legs of Moral Discernment

Individual Effort Community Discussion

Openness to God’s Spirit

Prayer of St. Theresa Avila

Christ has no body on earth but yours

No hands on earth but your hands. Yours are the eyes through which He

looks out with compassion on the world.

Yours are the feet with which He chooses to go about doing good.

For as He is the Head, so you are the members

and we are all one in Christ Jesus.