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The pressure on Senator John Kerry and other Catholic politicians
from fellow Catholics on the political and ecclesiastical
right is not a new phenomenon. Ever since the 1973 U.S. Supreme
Court decision, Roe v. Wade, abortion has become a highly
sensitive political as well as moral issue within the Catholic
Church.
Catholic politicians --- mostly liberal Democrats, but also
a few moderate Republicans --- have found themselves under
a special kind of fire since the mid-70s. In the mind of their
Catholic critics, Roe v. Wade was an illegitimate decision,
and Catholic legislators and executives are still bound by
the moral principle that abortion is tantamount to murder
and, as such, always to be prevented at whatever cost.
However, once the Supreme Court had determined abortion
to be a constitutionally guaranteed right, Catholic legislators
were faced with the dilemma of either upholding their oath
of office to enforce the law, regardless of their personal
beliefs, or of subordinating the laws of the land to the teachings
of their church.
The issue arose almost immediately following Roe v. Wade
in the confirmation hearings that were to decide whether Joseph
A. Califano, Jr., a Catholic, would become Secretary of Health,
Education and Welfare in the new Carter Administration, beginning
in January 1977.
Mr. Califano writes about those hearings --- and more ---
in his new book, "Inside: A Public and Private Life" (New
York: Public Affairs). He notes that President Carter had
made his own view clear during the campaign. He opposed federal
funding for abortion unless the life of the mother was at
stake. Califano agreed with him.
By this time, however, Medicaid was paying for 300,000 abortions
a year. Representative Henry Hyde of Illinois, a conservative
Catholic Republican, had thrown down the legislative gauntlet
in the form of an amendment to prohibit the use of such funds
except where the life of the mother was in danger.
Just before his confirmation hearings opened, Califano consulted
his Jesuit pastor, who told him that in our democratic and
pluralistic society he was free to express his own views on
abortion, but if another view prevailed, he could in good
conscience enforce the law.
His pastor recommended that he seek a second opinion from
one of the Catholic Church's leading moral theologians, Jesuit
Father Richard McCormick, who was teaching at the time at
the Kennedy Institute of Bio-Ethics at Georgetown University.
Califano reports that Father McCormick offered the same advice
as the pastor had.
Once in office, and contrary to the editorial position of
The Washington Post, Secretary Califano adhered to a minimalist
approach to the funding of abortions. However, because the
law permitted the funding of abortions in the case of rape
and incest if they were "promptly reported," he issued regulations
giving women 60 days to make such reports. He did so because
he believed that women would be reluctant to report such incidents
unless they thought they were pregnant.
"The Catholic hierarchy erupted," Califano writes in his
book.
Later in his first year as HEW Secretary, he also issued
new rules to restrict federal funding for sterilizations and
to make sure that no sterilizations were performed without
informed consent. There were to be various exceptions to the
rule, but within the parameters the Secretary laid down.
Once more, the bishops voiced their displeasure because
they favored a complete ban on sterilization.
"Here again," Califano writes, "I had to weigh my personal
beliefs against my obligation to issue regulations consistent
with congressional policies and American pluralism."
With many of the bishops questioning the Secretary's decision,
Califano's pastor suggested that he sit down with the then-archbishop
of Washington, Cardinal William Baum, to help Baum and the
other bishops better understand his position.
A dinner was arranged with the cardinal, the pastor and
Father McCormick. Baum seized the occasion to chastise Califano
for not restricting abortion even further in cases of rape
and incest, for not banning all forms of federal funding of
sterilizations, and for opposing tax credits for tuition paid
to Catholic schools.
Califano
writes that, carried to its logical conclusion, Cardinal Baum's
argument was that "Catholics must adhere to the positions
of the church or resign from public office."
"I pointed out," he writes, "that such a position would
disqualify all Catholics from the HEW post and thousands of
other positions in local, state and federal government. My
arguments about serving in a pluralistic democracy fell on
deaf ears."
Some of those hierarchical ears seem deaf even today to
the realities of a pluralistic society and to the complexities
of applying moral principles in the political order.
Father Richard P. McBrien is the Crowley-O'Brien Professor
of Theology at the University of Notre Dame.
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