US Supreme Court
I wonder what the dissent of Roberts on the Gitmo decision means for Roe v Wade. Here is one place he had the chance to think with the church and he didn’t do it. The idea that at least the most basic rights belong to all humans rather than just US citizens is pretty fundamental to Catholic morality. It also seems to flow quite clearly from “all men are endowed by their creator with certain inalienable rights.”
I can’t help but wonder if that does not effect his thinking on abortion. When does a person become a US citizen? When they are born. If that is what determines rights then an unborn child does not have them. As long as the question is “Is a fetus human?” then the pro life side is going to win the debate. If one can make a legal argument that being human does not always imply the right to life then it becomes harder.
Of course, legal arguments don’t always matter. Roe v Wade would never have happened if it depended on sound legal reasoning. It happened because of a general cultural shift towards less sexual morality. Somehow that became seen as a good end in itself. If anything, that shift has grown stronger over the years since Roe. That is why I am not so optimistic about it being overturned. Because of the inherent assumptions that morals should be discarded not just by government but by all of us. Those assumptions are being challenged less and less in western society. Judicial activism does not just happen. It is born in the circles of the intellectual elite. Those circles have shown no sign of rethinking their permissive sexual morality. Like the pope said:
We witness an assumption that every experience is of equal worth and a reluctance to admit imperfection and mistakes. And particularly disturbing is the reduction of the precious and delicate area of education in sexuality to management of ‘risk,’ bereft of any reference to the beauty of conjugal love.
He is right. As long as the intellectual elite think this way then the media and the courts will reflect it. He wants that to change. He figures the US is the most likely place for that change to start. He thinks within the US the Catholic universities and colleges are the best bet. I have my doubts about that. Still he understands you need to take the problem by the root. The problem is not liberalism. Benedict is a liberal at heart. The problem is somehow liberalism has lost some important pieces of its moral framework. It still seeks justice and human dignity. It has just lost track of where those ideas come from. He is an academic. He thinks academics can give right answers if done right.
Randy,
I was surprised about how you saw this Supreme Court Gitmo decision. You think those Muslims captured on the battle field have the same rights as US citizens to habeas corpus and a day in court?
Wow. It is true, they are human; but their human rights to be “innocent until proven guilty” were forfeited by fighting in aggressive war against the infidels (west, USA, etc.) They get their human dignity under the Geneva conventions, etc. When the USA does wrong, like in Abu Gharib, they get judged.
Roberts was right. That decision, along with the evil California Supreme Court justices saying that “homosexual marriage” is a right; are both sad, grievous, and evil.
When the foundations are destroyed, what can the righteous do? Psalm 11:3
The liberals in the courts think they are “gods”, deciding when life begins for the cultural sift on sexual immorality. (on that you are right) Psalm 82 — they have perverted justice when they made these decisions.
Pope Benedict XVI is “liberal” ??
June 25th, 2008 at 9:27 amBut how do we know they were captured on a battle field? How do we know they are fighting an aggressive war against the west? These are assertions by the US military. Should there be some way to challenge them? Sure. If they are removed from their country of origin then there is no hope of them getting due process there. So they need to get it somewhere. Why not a US court at least as a place of appeal.
I think behind it is a lack of confidence in the US court system. Many fear they will set people free on technicalities. But it is your system. If it is broken then fix it.
Pope Benedict is politically liberal. At least if he was in the US his politcal views on most issues would be called liberal. That is true of most Europeans. Theologically he is conservative.
June 25th, 2008 at 12:53 pmHi Randy,
They were captured in Afghanistan mostly.
Are you Canadian?
I agree that US system has problems and yes, there is fear of that — being released on a technicality
you are right about that part - but I still would rather have US system than the Canadian “Human Rights tribunals”. ( if you are Canadian)
Europeans have lost to Secularism. Even with the alleged “living voice” right there in Italy; it is all secular humanism and they don’t know “natural law” either.
June 25th, 2008 at 2:46 pmThey were captured in Afghanistan mostly
Yes, US forces went to Afghanistan and captured them. That mean they are clearly “fighting in aggressive war?” Sure, some and maybe even most are hard core terrorists. I would be surprised if there are not some innocent people amoung them. I know they have one Canadian who was arrested at 15. He is now 21. If that was your son would you want him to have a day in court?
I do live in Canada. I never said I loved the Canadian justice system. I would not confuse it with the Human Rights Commision which is not part of the criminal courts.
June 25th, 2008 at 3:36 pm