By James W. Dolan
Special to the Reporter
The unseemly dispute between Rhode Island Bishop Thomas Tobin and Congressman Patrick Kennedy illustrates the dilemma between moral absolutes and conscience.
The bishop has every right, and even a moral duty, to defend the rights of the unborn. If one believes that human life begins at conception, and that those who believe otherwise have the burden of proving it does not, then abortion is a grievous sin. It is an assault on the most fundamental of civil rights – the right to life.
While those who are pro-life cannot prove when human life begins, they believe that the unborn should have the benefit of any doubt. Assuming they are wrong, they are at least protecting a life to be, a child-in-waiting. Even potential human life deserves some protection.
Most pro-choice advocates believe that abortion is not the termination of a human life. If they are wrong, a dreadful, albeit unintended, taking of innocent life could be the result. If they are right, it is still the termination of a life in process.
Unfortunately, the Catholic Church’s credibility on this issue is undermined by its prohibition against artificial birth control. By failing to make the obvious distinction between preventing conception and terminating a pregnancy, it erodes its moral authority by ignoring the obvious need for responsible family planning.
Like many Catholic politicians, including his late father, Kennedy identifies himself as pro-choice. The normal explanation offered is “while I am opposed to abortion, I will not impose my personal belief on someone who believes otherwise.â€
That sounds good, but it is nonsense. If one believes that abortion is the taking of a human life, you cannot sensibly argue it is wrong for me but right for you. Just as it would be absurd to argue that slavery is a serious moral evil, but since you believe otherwise, for you it is not.
There are some moral absolutes. Despite our own failings in this regard, top government officials routinely urge other countries to accept fundamental human rights as moral absolutes.
Catholic politicians in liberal states are faced with a difficult dilemma. If they identify themselves as pro-life, they are not likely to be elected. If not in office, they cannot promote the important social justice issues both they and the Catholic Church strongly support.
The Church will not compromise, but successful politicians must. Kennedy questioned whether Catholic bishops should oppose the Health Care Reform Bill now in Congress because it provides for taxpayer funding of abortions for incest, rape, and where the (often broadly interpreted) health of the mother is at risk.
Since the legislation would extend health insurance coverage to millions of the uninsured and enact other reform measures, the bishops, but for the abortion language, support the bill. However, it might not pass without that provision.
Can a Roman Catholic legislator in conscience vote for the bill if it contains the abortion language? Kennedy could have offered the following explanation:
“A Catholic legislator in a pluralistic society does not have the luxury of always choosing between what he personally believes to be right or wrong or good or bad. The process demands compromise and trade-offs. With compassion and understanding, I must reach common ground with those with whom I sometimes disagree. To advance social justice in the health care field, I may have to accept something I believe is wrong. I do so reluctantly, but in the firm belief that the greater good will be served.
“In Congress, social justice issues rarely present themselves in unadulterated form. I operate in the gray landscape of law-making where the best does not mean perfect. It means the best you can get at any given time to improve the lives of our people.â€
Bishop Tobin should have acknowledged the difficult choices sometimes faced by Catholic politicians. Instead, he suggested the congressman not receive communion. By concluding that Kennedy was a sinner, he showed a lack of understanding and, more importantly, an absence of charity.
James W. Dolan is a former Dorchester District Court judge who now practices law. His e-mail address is jdolan@dolanconnly.com.
