Thursday, May 30, 2024
Wednesday, May 29, 2024
Responding to Autonomy Arguments for Abortion Rights
Arguments to recognize a constitutional right to elective abortion—whether grounded in notions of privacy, liberty, or equality—tend to take their bearing from long-standing common-law protections for bodily integrity and more recent constitutional protections for decisional and bodily autonomy. But autonomy is an inapt legal and philosophical concept to employ in cases concerning elective abortion. A pregnant woman is not physically autonomous; she is carrying another human being within her. To frame the issue as one concerning decisional and bodily autonomy is to offer an erroneous account of pregnancy biologically, philosophically, and legally.
The Kansas Supreme Court’s decision in 2019 finding a “natural right” to abortion in its state constitution represents one recent and lengthy attempt to ground the supposed right to abortion in protections for autonomy. According to the court, the Kansas constitution’s protection of “equal and inalienable natural rights” included, in the words of the court, “the ability to control one’s own body, to assert bodily integrity, and to exercise self-determination,” which in turn included a right to abortion.
More recently, the Supreme Court justices’ dissent in Dobbs v. Jackson Women’s Health Organization relied on what legal scholars Erika Bachiochi and Rachel Morrison have called “Fourteenth Amendment liberty as equal autonomy” to rationalize their position. (The justices in the plurality decision in Planned Parenthood v. Casey, whose logic the dissent tracks, likewise pointed to constitutional protections for decisional and bodily autonomy.) These autonomy-oriented opinions undoubtedly provide a model for state courts, some of which, thus far, seem inclined to use this rationale as grounds to strike down state pro-life laws.
The Kansas court explicitly turned to John Locke’s natural-rights philosophy in interpreting the state constitution. Arguing rightly that Locke grounds liberty rights in self-ownership (“Every Man has a Property in his own Person”), the court wrongly maintains that this right extends to intentionally ending the life of one’s unborn child. The Kansas court disregards that Locke also argues that both mothers and fathers owe duties to “preserve, nourish and educate [children] they had begotten.”
Though not mentioning Locke explicitly, the Dobbs dissent similarly employs Lockean language when it states that “everyone, including women, owns their own bodies.” But even as our law rightfully holds that (setting aside the case of self-defense) each person must determine for herself what happens to or in her own body, our law is also clear that one cannot own another’s body. As legal scholar Adam McLeod explains, the concept of bodily integrity is “a product of a [common law] legal doctrine, the law of battery, from which is derived the doctrine of informed consent.”1 The right not to suffer interference with one’s body—as “owner” of one’s body, in Lockean terms—involves the right to refuse medical treatment or interventions but not the right to obtain such interventions, as is the case with elective abortion.
Framing the issue of elective abortion as one concerning women’s decisional or bodily autonomy ignores the biologically existential relationship of dependency the prenatal human being—genetically, the woman’s child—has upon the pregnant woman—genetically, the fetus’s mother. It also requires deciding, without saying so explicitly, that the pregnant woman has no responsibility to the unborn child developing inside her, a responsibility that parents generally have to their dependent children (e.g., fathers are not legally permitted to end the lives of their unborn children).
What is more, this mistaken line of reasoning replaces the female-bodied sexual and reproductive experience with the male-bodied experience: both a man and a woman produce the new human being, but only the man can choose with full physical autonomy from the dependent child whether to affirmatively offer prenatal parental care. By contrast, once pregnant, a woman’s body has already begun sustaining a new human life. In short, to imitate the male-bodied “choice” not to offer care—to exercise her full “autonomy”—the pregnant woman must, unlike a man, engage in the life-destroying act of abortion.
To define human beings for the purposes of our law as fundamentally autonomous is not to state a fact; it is to make a philosophical judgment that is hard to square with the interdependence of every human being’s life, especially at our vulnerable beginnings and endings.
For further reading:
- Erika Bachiochi and Rachel Morrison, “Dobbs, Equality and the Contested Meaning of Women’s Rights,” submitted law review article (in press, 2023).
- Erika Bachiochi, “What Makes a Fetus a Person,” New York Times, July 1, 2022, https://www.nytimes.com/2022/07/01/opinion/fetal-personhood-constitution.html.
- Elizabeth Kirk, “The Kansas Supreme Court Has Declared a ‘Natural Right’ to Abortion,” Public Discourse, May 8, 2019, https://www.thepublicdiscourse.com/2019/05/51839/.
Endnotes:
- Adam McLeod, “The Case of Stolen Jurisprudence in Kansas,” Public Discourse, June 12, 2019, https://www.thepublicdiscourse.com/2019/06/52774/.
Friday, May 24, 2024
Yet Another List of Books to Read
Tuesday, May 21, 2024
A Wanted Man (With Money)
Driving home the other day I turned on my local Catholic radio station.
A pledge drive preempting regular programming. Grr.
I switched to the Christian station I sometimes listen to.
A fundraiser. They played some music in between pitches, but ...
I turned to my local PBS station (and former employer) to catch the news and latest reports.
Membership drive. With some breaks for news and reports.
They all want my money!
It's nice to be wanted.
But it also hit me their pleadings all sound somewhat alike, just with a particular spin suited to the kinds of people believed to listen to their stations.
There's always one constant, though: The threat that without MY MONEY that station might not be there in the future.
Ulp.
I decided to send something to the Catholic station. We're lucky to have one here.
Then I switched over to my cd player and listened to Creedence Clearwater Revival instead.
I'll return to those stations when regular programming returns.
"... bring a nickle, tap your feet. Down on the corner, out in the street ..."
Pax et bonum
A Sin-Phonic Reflection
Many instruments. Some loud. Some soft. Some played throughout each piece. Some coming in at just the right time, to add just the right effect.
The orchestra plays day after day, trying to inspire souls with the beauty of the compositions.
The Composer is always there, listening to how the musicians interpret His scores. The conductor and his staff are there to make sure that the musicians follow the scores - playing the right notes at the right tempo at the right volume at the right moment, making sure all the instruments, all the voices, are working together. The scores allow for some creativity, but that creativity must fit in with the overall intentions of the compositions. The Conductor will sometimes consult with the Composer to make sure that the orchestra is following what He wanted.
All must work together for the music to most effectively touch those listening souls - and maybe to draw in those who at first were not listening.
But sometimes musicians make mistakes. Sometimes as they play day after day they get careless or sloppy. And some of the musicians decide that the tempo needs to be different, that a different note would be better at a particular point, that a particular note should be played louder or softer or longer or shorter than indicated.
As a result of these variations, the compositions sometimes don't work. They have moments of beauty, but the have moments of disharmony. Sometimes they move listeners, sometimes they turn the listeners off.
The Conductor tries to get the orchestra back on task. He calls for practice. He takes the repeat offenders aside. He may even publicly call them out. And if the offenders persist, he might tell them they should not play with the orchestra until they are willing to follow the score.
The Composer sometimes cries as He listens to what has been done to His creations. If only they would follow the score. It's all laid out for them.
I thought of this as I debated how to respond to some comments about sin. One argument is that some sins are lesser than others. True. But even small sins can affect the whole, even as a few wrong notes can affect an entire composition. The Pope and the hierarchy try to keep the faithful in tune to the score handed them by the Composer of all.
And the Composer weeps when we fail to follow the guidelines He gave us.
Pax et bonum
Monday, May 20, 2024
I Am Going Home (Original Song)
Thursday, May 16, 2024
The Text of Harrison Butker's Commencement Address
Editor’s
Note: Harrison Butker, 28, the placekicker for the Kansas City Chiefs of the
National Football League, delivered the commencement address at Benedictine
College in Atchison, Kansas, on Saturday, May 11, 2024. A transcript of his
remarks is below.
Ladies
and gentlemen of the Class of 2024: I would like to start off by
congratulating all of you for successfully making it to this achievement today.
I'm sure your high school graduation was not what you had imagined, and most
likely, neither was your first couple years of college.
By
making it to this moment through all the adversity thrown your way from COVID,
I hope you learned the important lessons that suffering in this life is only
temporary. As a group, you witnessed firsthand how bad leaders who don't stay
in their lane can have a negative impact on society. It is through this lens
that I want to take stock of how we got to where we are, and where we want to
go as citizens and, yes, as Catholics. One last thing before I begin, I want to
be sure to thank President Minnis and the board for their invitation to speak.
When
President Minnis first reached out a couple of months ago, I had originally
said No. You see, last year I gave the commencement address at my alma mater,
Georgia Tech, and I felt that one graduation speech was more than enough,
especially for someone who isn't a professional speaker. But of course,
President Minnis used his gift of persuasion. [Laughter] It spoke to the many
challenges you all faced throughout the COVID fiasco ,and how you missed out on
so many milestones the rest of us older people have taken for granted. While
COVID might have played a large role throughout your formative years, it is not
unique. Bad policies and poor leadership have negatively impacted major life issues.
Things like abortion, IVF, surrogacy, euthanasia, as well as a growing support
for degenerate cultural values in media, all stem from the pervasiveness of
disorder.
Our
own nation is led by a man who publicly and proudly proclaims his Catholic
faith, but at the same time is delusional enough to make the Sign of the Cross
during a pro- abortion rally. He has been so vocal in his support for the
murder of innocent babies that I'm sure to many people it appears that you can
be both Catholic and pro-choice.
He
is not alone. From the man behind the COVID lockdowns to the people pushing
dangerous gender ideologies onto the youth of America, they all have a glaring
thing in common. They are Catholic. This is an important reminder that being
Catholic alone doesn't cut it.
These
are the sorts of things we are told in polite society to not bring up. You
know, the difficult and unpleasant things. But if we are going to be men and
women for this time in history, we need to stop pretending that the
"Church of Nice" is a winning proposition. We must always speak and
act in charity, but never mistake charity for cowardice.
It
is safe to say that over the past few years, I have gained quite the reputation
for speaking my mind. I never envisioned myself, nor wanted, to have this sort
of a platform, but God has given it to me, so I have no other choice but to
embrace it and preach more hard truths about accepting your lane and staying in
it.
As
members of the Church founded by Jesus Christ, it is our duty and ultimately privilege
to be authentically and unapologetically Catholic. Don't be mistaken, even
within the Church, people in polite Catholic circles will try to persuade you
to remain silent. There even was an award-winning film called Silence,
made by a fellow Catholic, wherein one of the main characters, a Jesuit priest,
abandoned the Church, and as an apostate when he died is seen grasping a
crucifix, quiet and unknown to anyone but God. As a friend of Benedictine
College, His Excellency Bishop Robert Barron, said in his review of the film,
it was exactly what the cultural elite want to see in Christianity -- private,
hidden away, and harmless.
Our
Catholic faith has always been countercultural. Our Lord, along with countless
followers, were all put to death for their adherence to her teachings. The
world around us says that we should keep our beliefs to ourselves whenever they
go against the tyranny of diversity, equity, and inclusion. We fear speaking
truth, because now, unfortunately, truth is in the minority. Congress just
passed a bill where stating something as basic as the biblical teaching of who
killed Jesus could land you in jail.
But
make no mistake, before we even attempt to fix any of the issues plaguing
society, we must first get our own house in order, and it starts with our
leaders. The bishops and priests appointed by God as our spiritual fathers must
be rightly ordered. There is not enough time today for me to list all the
stories of priests and bishops misleading their flocks, but none of us can blame
ignorance anymore and just blindly proclaim that “That's what Father said.”
Because sadly, many priests we are looking to for leadership are the same ones
who prioritize their hobbies or even photos with their dogs and matching
outfits for the parish directory.
It's
easy for us laymen and women to think that in order for us to be holy, that we
must be active in our parish and try to fix it. Yes, we absolutely should be
involved in supporting our parishes, but we cannot be the source for our parish
priests to lean on to help with their problems. Just as we look at the
relationship between a father and his son, so too should we look at the
relationship between a priest and his people. It would not be appropriate for
me to always be looking to my son for help when it is my job as his father to
lead him.
St.
Josemaría Escrivá states that priests are ordained to serve, and should not
yield to temptation to imitate laypeople, but to be priests through and
through. Tragically, so many priests revolve much of their happiness from the
adulation they receive from their parishioners, and in searching for this, they
let their guard down and become overly familiar. This undue familiarity will
prove to be problematic every time, because as my teammate's girlfriend says, familiarity
breeds contempt. [Laughter]
Saint
Josemaría continues that some want to see the priest as just another man. That
is not so. They want to find in the priest those virtues proper to every
Christian, and indeed every honorable man: understanding, justice, a life
of work — priestly work, in this instance — and good manners. It is not prudent
as the laity for us to consume ourselves in becoming amateur theologians so
that we can decipher this or that theological teaching — unless, of course, you
are a theology major. We must be intentional with our focus on our state in
life and our own vocation. And for most of us, that's as married men and women.
Still, we have so many great resources at our fingertips that it doesn't take
long to find traditional and timeless teachings that haven't been ambiguously
reworded for our times. Plus, there are still many good and holy priests, and
it's up to us to seek them out.
The
chaos of the world is unfortunately reflected in the chaos in our parishes, and
sadly, in our cathedrals too. As we saw during the pandemic, too many bishops
were not leaders at all. They were motivated by fear, fear of being sued, fear
of being removed, fear of being disliked. They showed by their actions,
intentional or unintentional, that the sacraments don't actually matter.
Because of this, countless people died alone, without access to the sacraments,
and it's a tragedy we must never forget. As Catholics, we can look to so many
examples of heroic shepherds who gave their lives for their people, and
ultimately, the Church. We cannot buy into the lie that the things we
experienced during COVID were appropriate. Over the centuries, there have been
great wars, great famines, and yes, even great diseases, all that came with a
level of lethality and danger. But in each of those examples, Church leaders
leaned into their vocations and ensured that their people received the
sacraments.
Great
saints like St. Damien of Molokai, who knew the dangers of his ministry, stayed
for 11 years as a spiritual leader to the leper colonies of Hawaii. His heroism
is looked at today as something set apart and unique, when ideally it should
not be unique at all. For as a father loves his child, so a shepherd should
love his spiritual children, too.
That
goes even more so for our bishops, these men who are present-day apostles. Our
bishops once had adoring crowds of people kissing their rings and taking in
their every word, but now relegate themselves to a position of inconsequential
existence. Now, when a bishop of a diocese or the bishop's conference as a
whole puts out an important document on this matter or that, nobody even takes
a moment to read it, let alone follow it.
No.
Today, our shepherds are far more concerned with keeping the doors open to the
chancery than they are with saying the difficult stuff out loud. It seems that
the only time you hear from your bishops is when it's time for the annual
appeal, whereas we need our bishops to be vocal about the teachings of the
Church, setting aside their own personal comfort and embracing their cross. Our
bishops are not politicians but shepherds, so instead of fitting in the world
by going along to get along, they too need to stay in their lane and lead.
I
say all of this not from a place of anger, as we get the leaders we deserve.
But this does make me reflect on staying in my lane and focusing on my own
vocation and how I can be a better father and husband and live in the world but
not be of it. Focusing on my vocation while praying and fasting for these men
will do more for the Church than me complaining about her leaders.
Because
there seems to be so much confusion coming from our leaders, there needs to be
concrete examples for people to look to in places like Benedictine, a little
Kansas college built high on a bluff above the Missouri River, are showing the
world how an ordered, Christ-centered existence is the recipe for success. You
need to look no further than the examples all around this campus, where over
the past 20 years, enrollment has doubled, construction and revitalization are
a constant part of life, and people, the students, the faculty and staff, are
thriving. This didn't happen by chance. In a deliberate movement to embrace
traditional Catholic values, Benedictine has gone from just another liberal arts
school with nothing to set it apart to a thriving beacon of light and a
reminder to us all that when you embrace tradition, success — worldly and
spiritual — will follow.
I
am certain the reporters at the AP could not have imagined that their attempt
to rebuke and embarrass places and people like those here at Benedictine
wouldn't be met with anger, but instead met with excitement and pride. Not the
deadly sin sort of pride that has an entire month dedicated to it, but the true
God-centered pride that is cooperating with the Holy Ghost to glorify him.
Reading that article now shared all over the world, we see that in the complete
surrender of self and a turning towards Christ, you will find happiness. Right
here in a little town in Kansas, we find many inspiring laypeople using their
talents.
President
Minnis, Dr. [Andrew] Swafford, and Dr. [Jared] Zimmerer are a few great
examples right here on this very campus that will keep the light of Christ
burning bright for generations to come. Being locked in with your vocation and
staying in your lane is going to be the surest way for you to find true
happiness and peace in this life.
It
is essential that we focus on our own state in life, whether that be as a
layperson, a priest, or religious. Ladies and gentlemen of the class of 2024,
you are sitting at the edge of the rest of your lives. Each of you has the
potential to leave a legacy that transcends yourselves and this era of human
existence. In the small ways, by living out your vocation, you will ensure that
God's Church continues and the world is enlightened by your example.
For
the ladies present today, congratulations on an amazing accomplishment. You
should be proud of all that you have achieved to this point in your young
lives. I want to speak directly to you briefly because I think it is you, the
women, who have had the most diabolical lies told to you. How many of you are
sitting here now about to cross this stage and are thinking about all the
promotions and titles you are going to get in your career? Some of you may go
on to lead successful careers in the world, but I would venture to guess that
the majority of you are most excited about your marriage and the children you
will bring into this world.
I
can tell you that my beautiful wife, Isabelle, would be the first to say that
her life truly started when she began living her vocation as a wife and as a
mother. I'm on the stage today and able to be the man I am because I have a
wife who leans into her vocation. I'm beyond blessed with the many talents God
has given me, but it cannot be overstated that all of my success is made
possible because a girl I met in band class back in middle school would convert
to the faith, become my wife, and embrace one of the most important titles of
all: homemaker.
[Applause
lasting 18 seconds]
She
is a primary educator to our children. She is the one who ensures I never let
football or my business become a distraction from that of a husband and father.
She is the person that knows me best at my core, and it is through our marriage
that, Lord willing, we will both attain salvation.
I
say all of this to you because I have seen it firsthand how much happier
someone can be when they disregard the outside noise and move closer and closer
to God's will in their life. Isabelle's dream of having a career might not have
come true, but if you asked her today if she has any regrets on her decision,
she would laugh out loud, without hesitation, and say, “Heck, No.”
As
a man who gets a lot of praise and has been given a platform to speak to
audiences like this one today, I pray that I always use my voice for God and
not for myself. Everything I am saying to you is not from a place of wisdom,
but rather a place of experience. I am hopeful that these words will be seen as
those from a man, not much older than you, who feels it is imperative that this
class, this generation, and this time in our society must stop pretending that
the things we see around us are normal.
Heterodox
ideas abound even within Catholic circles. But let's be honest, there is
nothing good about playing God with having children — whether that be your
ideal number or the perfect time to conceive. No matter how you spin it, there
is nothing natural about Catholic birth control.
It
is only in the past few years that I have grown encouraged to speak more boldly
and directly because, as I mentioned earlier, I have leaned into my vocation as
a husband and father, and as a man.
To
the gentlemen here today: Part of what plagues our society is this lie that has
been told to you that men are not necessary in the home or in our communities.
As men, we set the tone of the culture, and when that is absent, disorder,
dysfunction, and chaos set in. This absence of men in the home is what plays a
large role in the violence we see all around the nation. Other countries do not
have nearly the same absentee father rates as we find here in the U.S., and a
correlation could be made in their drastically lower violence rates, as well.
Be
unapologetic in your masculinity, fighting against the cultural emasculation of
men. Do hard things. Never settle for what is easy. You might have a talent
that you don't necessarily enjoy, but if it glorifies God, maybe you should
lean into that over something that you might think suits you better. I speak
from experience as an introvert who now finds myself as an amateur public
speaker and an entrepreneur, something I never thought I'd be when I received
my industrial engineering degree.
The
road ahead is bright. Things are changing. Society is shifting. And people,
young and old, are embracing tradition. Not only has it been my vocation that
has helped me and those closest to me, but not surprising to many of you,
should be my outspoken embrace of the traditional Latin Mass. I've been very
vocal in my love and devotion to the TLM and its necessity for our lives. But
what I think gets misunderstood is that people who attend the TLM do so out of
pride or preference. I can speak to my own experience, but for most people I
have come across within these communities this simply is not true. I do not
attend the TLM because I think I am better than others, or for the smells and
bells, or even for the love of Latin. I attend the TLM because I believe, just
as the God of the Old Testament was pretty particular in how he wanted to be
worshipped, the same holds true for us today. It is through the TLM that I
encountered order, and began to pursue it in my own life. Aside from the TLM
itself, too many of our sacred traditions have been relegated to things of the
past, when in my parish, things such as ember days, days when we fast and pray
for vocations and for our priests, are still adhered to. The TLM is so
essential that I would challenge each of you to pick a place to move where it
is readily available.
A
lot of people have complaints about the parish or the community, but we should
not sacrifice the Mass for community. I prioritize the TLM even if the parish
isn't beautiful, the priest isn't great, or the community isn't amazing. I
still go to the TLM because I believe the holy sacrifice of the Mass is more
important than anything else. I say this knowing full well that when each of
you rekindle your knowledge and adherence to many of the church's greatest
traditions, you will see how much more colorful and alive your life can and
should be.
As
you move on from this place and enter into the world, know that you will face
many challenges. Sadly, I'm sure many of you know of the countless stories of
good and active members of this community who, after graduation and moving away
from the Benedictine bubble, have ended up moving in with their boyfriend or
girlfriend prior to marriage. Some even leave the Church and abandon God. It is
always heartbreaking to hear these stories, and there is a desire to know what
happened and what went wrong.
What
you must remember is that life is about doing the small things well, setting
yourself up for success, and surrounding yourself with people who continually
push you to be the best version of you. I say this all the time, that iron
sharpens iron. It's a great reminder that those closest to us should be making
us better. If you are dating someone who doesn't even share your faith, how do
you expect that person to help you become a saint? If your friend group is
filled with people who only think about what you're doing next weekend and are
not willing to have those difficult conversations, how can they help sharpen
you?
As
you prepare to enter into the workforce, it is extremely important that you
actually think about the places you are moving to. Who is the bishop? What kind
of parishes are there? Do they offer the TLM and have priests who embrace their
priestly vocation? Cost of living must not be the only arbiter of your choices,
for a life without God is not a life at all, and the cost of salvation is worth
more than any career.
I'm
excited for the future, and I pray that something I have said will resonate as
you move on to the next chapter of your life.
Never
be afraid to profess the one holy, Catholic, and apostolic Church, for this is
the Church that Jesus Christ established, through which we receive sanctifying
grace.
I
know that my message today had a little less fluff than is expected for these
speeches, but I believe that this audience and this venue is the best place to
speak openly and honestly about who we are and where we all want to go, which
is Heaven.
I
thank God for Benedictine College and for the example it provides the world. I
thank God for men like President Minnis, who are doing their part for the
Kingdom. Come to find out you can have an authentically Catholic college and a
thriving football program. [Laughter and applause]
Make
no mistake: You are entering into mission territory in a post-God world, but
you were made for this. And with God by your side and a constant striving for
virtue within your vocation, you too can be a saint.
Christ
is King.
To
the Heights.