Five Catholic Justices: Does It Matter?
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Sat Jan 28, 2006 at 11:29:19 AM EST
Frances Kissling, head of Catholics for Free Choice says it does, but that elected officials have been scared away from talking about it.  
If Samual Alito is placed on the U.S. Supreme Court, five of the nine Justices will be Catholic men, notes Kissling.  Never afraid to be controversial, Kissling uses a podcast to ask whether a deeply devout or conservative Catholic justice will put "the will of God," as interpreted by the ultraconservative Church, above the will of the people, as inscribed in the U.S. Constitution, and what that means for "the people."

A transcript of Kissling's commentary is here.

Legislators have been cowed into not inquiring into this all-important issue, but shouldn't be, said Kissling.

This "hands off religion" rule in judging fitness for public office is especially detrimental to women's well-being, for it is conservative religious interpretations of both women's roles and sexual morality that have for centuries inhibited women's equality.

Kissling asks some tough questions, and ones well worth considering.




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Kissling also points out in her podcast that:

"Justice Scalia has long asserted that the power and moral authority of the court and the government is derived from the will of God, rather than the will of the people. And Scalia's God is a conservative Roman Catholic patriarch.

by cyncooper on Sat Jan 28, 2006 at 11:32:16 AM EST


As a Catholic, I know for a fact that being a Catholic does not automatically make one a social conservative. Every time I see Antonin Scalia rule from the SupremeCourt on a social or economic issue I wish it were Mario Cuomo sitting in his place.

The  greater issue is how does he interpret his Catholicism? And that is the problem with Scalia, Thomas, Roberts and probably Alito.

From what I've seen Kennedy is a mainstream Catholic who, while politically conservative , is more of a liberterian on social issues. There are many people I know who are politically conservative but liberal on religious issue--especially among Catholics. Conversely, Scalia, Thomas and Roberts all have connections to Opus Dei (I've always thought that Roberts, not Alito deserved to be fillibustered). I've researched Alito and he seems to have no ties to OD, yet I wouldn't be surprised if there are at least sympathies in that direction.

It is no coincidence that Karl Rove meets weekly with the Catholic Bishops and he seems to be listening to the most authoritarian of their number. For example Deal Hudson was once advising Bush on Catholic matters. Many neocons are Catholic Straussians (i.e., George Weigel, Michael Novak and Robert H. Bork). As a result, Bush gets advice that is outside the mainstream of American Catholic thought.

I firmly believe that in order to split the fundamentalist-orthodox Catholic alliance that has been coalescing sinthe midle 1970s, progressive Catholics must step up and take back the Church. If these two forces can be split, then the Religious Right will be dealt a fatal blow.

by Frank Cocozzelli on Sat Jan 28, 2006 at 12:50:35 PM EST


Glad Kissling (and you) addressed something that is very disturbing.

In part, this is a good example of the skill and boldness of the Right in getting its message out while effectively silencing the opposition. Both Miers and Alito were heavily marketed with anti-choice code: "Evangelical" and "son of Italian immigrant" respectively. Yet, senators at the hearings were constrained in inquiries (whether legitimately or not) about the influence of religious beliefs by the `no religious test shall ever be required as a qualification for office' clause.

With the addition of Roberts and confirmation of Alito, representation on the Court will be seriously skewed. For those who haven't thought much about it:

          US male population                49%
          SCOTUS male population        89%

          US Catholic population           25%
          SCOTUS Catholic population   56%

Moreover, as Frank point out, these are very conservative Catholics and not broadly representative of the US Catholic population.

by Psyche on Sat Jan 28, 2006 at 01:39:47 PM EST

Alito, on abortion, is the exception to the rule.

As an Italian-American Catholic married to a woman born in Italy, I can safely say that Italians are overwhelmingly pro-choice. I cannot not think of one person in either my family or my wife's family who is anti-choice, let alone anti-birth control or anti-stem cell research.

Most Italians in America have a Southern Italian heritage. Birth control and even abortion were and still are widey practiced there. In that part of Italy the Church hierarch always sided with the wealthy landowners. Thus, while Italians often kept respect for local priests they were also skeptical of the Vatican's power.

by Frank Cocozzelli on Sat Jan 28, 2006 at 01:52:34 PM EST
Parent

... I wonder if American Italian Catholics tend to be more conservative than those in Italy?  The Italians, like the French, seem to have a healthy awareness of sexuality.  Just a thought.

In any case, aside from individuals, the Catholic Church in the U.S. and the many Catholic-based anti-abortion organizations have amassed an incredible amount of political power and are adept at putting forward the people who will shape that agenda.  

by cyncooper on Sat Jan 28, 2006 at 07:16:48 PM EST
Parent

On politics Italian-Americans tend to be more conservative, but in a liberterian sense.  On sexual matters they have that same healthy outlook. Italians and French are both Latins.

by Frank Cocozzelli on Sun Jan 29, 2006 at 09:55:56 AM EST
Parent


First, it's important to distinguish between whatever the facts may be and perception of the facts; in "marketing" perception usually holds sway. Whatever other considerations were important (and I suspect other considerations were very important), it was critical to allay the fears of the Religious Right. As you may remember, there was relatively little overt discussion of Alito's Catholicism per se; instead, the fact that he was a first generation Italian-American who was a conservative was stressed. And his heritage tied him to an existing justice whose views were well known.

Certainly, a lot of data has accumulated that suggests Catholic opinions on abortion (haven't seen specifics on Italian-Americans) resemble the rest of the population, i.e., they are characterized by diversity. What seem to be more important determinants of opinion across religions are degree of religiosity and conservatism. For example, a 2004 Pew study on the role of religion in the political landscape found that:

Liberal Democrats are the only major demographic or political group where a majority does not agree with protecting the rights of the unborn in almost all cases (only 44%). Among religious groups, nine-in-ten white evangelical Protestants (91%), 61% of non-evangelicals, and 74% of white Catholics hold this opinion, compared with 53% of seculars. Among white Catholics, church attendance is a very important factor, with 83% of Catholics who attend church at least monthly favoring the rights of the unborn, compared with 62% of those who attend less often.

Catholics, who used to vote heavily Democratic, are divided more evenly between the parties now; views on abortion have probably contributed to this redistribution. (For an interesting commentary on just such a switch, recommend this editorial).

My guess is that for those most concerned about "right to life" issues, Alito's presentation was quite convincing. (Oh...and then his mother let it "slip" that, "Of course he's against abortion.")

by Psyche on Sat Jan 28, 2006 at 11:08:15 PM EST
Parent

I was confused about the comment about the "rights of the unborn" - what exactly that meant, so I looked through the Pew study.  I discovered that this question relates to stem cell research.  I did not find the questions to be very precise.

The questions were:
"I favor protecting the rights of the unborn in almost all cases" or "I am more concerned about finding cures for diseases than about protecting embryos."

So what is meant by the "rights of the unborn' is entirely ambiguous.  What rights?  At what time period?  Relative to whom or what?

I don't think these are very good questions. That may be one reason why the analysis finds a great deal of "ambivalence:"

On highly charged issues related to reproduction and research, the public expresses ambivalence.

The other commentary Catholic positions on reproductive rights that I could find in the Pew study states:

White Catholics, split evenly over this issue in 1987, are now more likely to oppose (56%) than favor (37%) stricter abortion laws.
This, obviously, shows that the Catholic rank-and-file are not necessarily that opposed to abortion, as you say. (Many Catholic women get abortions, and Catholic women have the highest rate of second abortions.)

Looking at this reminded me of a briefing I heard about a year ago. The questions that were asked were more precise, I think, and more far-reaching than the Pew study on this particular issue.  
The briefing also indicated  Catholics in general are not widely opposed to abortion.

These statistics are from my notes, as this is an unpublished, as far as I know. A private poll from 2002 concluded that: A majority of mainline Protestants and nonreligious voters favor "Roe v Wade" while just over half of the Catholics oppose the decision.

Among Catholics, 42 percent favored "Roe v. Wade" and 51 percent oppose (mainline Protestant 61/29; no religious affiliation: 80/11.)

Impressively, when asked in 2003 about this issue in a different way ("Do you agree or disagree that all men and women ... have the right ... to decide freely and responsibly the number and space of their children?") people in general were strongly agreed, in favor of individual decision-making, and that extended across religious views. Among all, 88 percent agreed with the statement, 10 percent disagreed.

This sentiment (last question above) is shared across religious affiliation; among Protestants: 90 percent agree; 7 percent disagree; among Catholics: 85 percent agree, 13 percent disagree.

On another question, among Catholics, 57 percent agreed that while they might not choose to have an abortion, they would not stand in the way of permitting someone else to decide for herself.

Other questions and answers bear similar results.

So being Catholic alone is not a predictor of position, and, as you say, there is a good deal of complexity in the matter.

 In fact, Justice Anthony Kennedy, who is Catholic, has been on the moderate side on many abortion cases. I wrote an article last summer that described the pivotal role of Justice Kennedy.

But the Catholic bishops allied lobbying organizations from National Right to Life to American Life League and Culture of Life Foundation and others, have managed to press a minority anti-abortion view into the fore as the only acceptable view.

Kissling's point, it seems to me, is that too many justices who hold, consciously or unconsciously, the views of the Catholic bishops and hierarchy can alter and affect the rights of all people and tilt them toward a particular religious view. And, yet, this is being little discussed publicly.

by cyncooper on Mon Jan 30, 2006 at 01:19:18 AM EST
Parent

Cyn hit the nail right on the head!

by Frank Cocozzelli on Mon Jan 30, 2006 at 11:53:10 AM EST
Parent

For a more recent (and more nuanced) view of religion and abortion, suggest this 2005 Pew Poll.

I share your concern about polling questions. Some make my hair stand on end - though Pew usually does a better job than most pollsters on religion issues.

by Psyche on Thu Feb 02, 2006 at 01:45:58 AM EST
Parent

Thanks for pointing out that poll and analysis. It's very useful. I see that confirms (again) that public opinion about abortion is remarkably stable since Roe v. Wade, with only a small minority standing in opposition.  And pertinent to this thread, I note that it says that the opinions of people of Catholic faith on "life" issues are "inconsistent."  Very interesting.  It's also frustrating, of course, that the issue has devolved to the point that it has with the longstanding majority opinion being consistently undermined by conservative forces that have gained legislative power.

by cyncooper on Thu Feb 02, 2006 at 09:27:53 AM EST
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