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FUMARE

Law, culture, and Catholicism...up in smoke!

Monday, January 19, 2009

Words I Hope Our New President Truly Understands

Tomorrow, Barack Obama will be sworn in as the United States' new President. Just as it will be when the first female President is elected, it is truly significant that a black man has been elected President, even if we don't agree with his policies or worldview. If we are honest, we know that tomorrow's event would not have been possible at all points in our country's our history, and we should be happy that recognition of human dignity, at least in this one way, has advanced as it has.

Today is a holiday marking the influence a civil rights champion who, in many ways, helped pave the way to the election of a black President. In the extraordinary times in which we live, this significant moment gives us a chance to think about the promise of America and the opportunity that the new President will have to take the lessons he drew upon to get here to embrace the new and current civil rights crisis - that of abortion.

President Obama will have many legislative proposals come his way. He will also consider executive orders of varying kinds. There will be a number of opportunities to use the bully pulpit for the common good. He will have many moments to make his Presidency truly historic, not just a milestone of race advancement. Dr. Martin Luther King Jr.'s words regarding segregation could just as easily have been written today about the unjust "laws" of abortion, be they judicially-enacted or passed by an elected legislature. Here's hoping (and praying!) President Obama has read Dr. King's words, and finds the wisdom to apply them to the plight of the weakest class among us, those who, like the blacks in our country's history, only more so, see their lives trampled and extinguished for the convenience of others. We pray he will take the lessons learned regarding the evils of slavery and segregation and apply them to the intentional killing of the unborn. Certainly, we, as Catholics, will take a page from Dr. King's playbook should unjust laws regarding abortion be pushed to legally "obligate" us to act contrary to our consciences:

Now, what is the difference between the two? How does one determine whether a law is just or unjust? A just law is a man made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of St. Thomas Aquinas: An unjust law is a human law that is not rooted in eternal law and natural law. Any law that uplifts human personality is just. Any law that degrades human personality is unjust. All segregation statutes are unjust because segregation distorts the soul and damages the personality. It gives the segregator a false sense of superiority and the segregated a false sense of inferiority. Segregation, to use the terminology of the Jewish philosopher Martin Buber, substitutes an "I it" relationship for an "I thou" relationship and ends up relegating persons to the status of things. Hence segregation is not only politically, economically and sociologically unsound, it is morally wrong and sinful. Paul Tillich has said that sin is separation. Is not segregation an existential expression of man's tragic separation, his awful estrangement, his terrible sinfulness? Thus it is that I can urge men to obey the 1954 decision of the Supreme Court, for it is morally right; and I can urge them to disobey segregation ordinances, for they are morally wrong.

Let us consider a more concrete example of just and unjust laws. An unjust law is a code that a numerical or power majority group compels a minority group to obey but does not make binding on itself. This is difference made legal. By the same token, a just law is a code that a majority compels a minority to follow and that it is willing to follow itself. This is sameness made legal. Let me give another explanation. A law is unjust if it is inflicted on a minority that, as a result of being denied the right to vote, had no part in enacting or devising the law. Who can say that the legislature of Alabama which set up that state's segregation laws was democratically elected? Throughout Alabama all sorts of devious methods are used to prevent Negroes from becoming registered voters, and there are some counties in which, even though Negroes constitute a majority of the population, not a single Negro is registered. Can any law enacted under such circumstances be considered democratically structured?

Sometimes a law is just on its face and unjust in its application. For instance, I have been arrested on a charge of parading without a permit. Now, there is nothing wrong in having an ordinance which requires a permit for a parade. But such an ordinance becomes unjust when it is used to maintain segregation and to deny citizens the First-Amendment privilege of peaceful assembly and protest.

I hope you are able to see the distinction I am trying to point out. In no sense do I advocate evading or defying the law, as would the rabid segregationist. That would lead to anarchy. One who breaks an unjust law must do so openly, lovingly, and with a willingness to accept the penalty. I submit that an individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for law.

Of course, there is nothing new about this kind of civil disobedience. It was evidenced sublimely in the refusal of Shadrach, Meshach and Abednego to obey the laws of Nebuchadnezzar, on the ground that a higher moral law was at stake. It was practiced superbly by the early Christians, who were willing to face hungry lions and the excruciating pain of chopping blocks rather than submit to certain unjust laws of the Roman Empire. To a degree, academic freedom is a reality today because Socrates practiced civil disobedience. In our own nation, the Boston Tea Party represented a massive act of civil disobedience.

We should never forget that everything Adolf Hitler did in Germany was "legal" and everything the Hungarian freedom fighters did in Hungary was "illegal." It was "illegal" to aid and comfort a Jew in Hitler's Germany. Even so, I am sure that, had I lived in Germany at the time, I would have aided and comforted my Jewish brothers. If today I lived in a Communist country where certain principles dear to the Christian faith are suppressed, I would openly advocate disobeying that country's antireligious laws.

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