Warning the Faithful

A reader writes:

You didn’t quite state the facts on the Al Kresta program about Kerry’s abortion statements during the presidential debates.

I didn’t claim to be. As I’ve said on this blog, I think Kerry’s real position is that he thinks abortion is a good thing. I think he is dissembling on this point to keep from losing votes. What I did on the Kresta show was to point out how Kerry could spin his recent remarks in a way that would result in a church tribunal finding him not guilty of heresy, which is at the core of the Balestrieri complaint.

By the way, are you a Canon lawyer?

No. I do, however, have significant background in ecclesiastical law, as well as the theological background needed to parse the heresy question. For what it’s worth, I was contacted by a canon lawyer who heard my interview on Kresta and wanted to compliment me. I was also contacted by a theological expert who wanted to compliment me. Both were in agreement that the Balestrieri complaint is seriously flawed and that it will be next to impossible to get a tribunal to issue a finding of heresy on the basis of this complaint.

I was disappointed that you helped Kerry build a case (and he might seek the radio transcript) against any future Church action on his voting actions, motives, and public statements on abortion. You are a smart man but you shouldn’t help Satan’s warriors in their defense.

I appreciate your concerns, though a parallel argument to the one I sketched could be constructed by any competent canonical or theological counsel Sen. Kerry might engage should the matter ever go to trial (which is very unlikely).

My concern is that the case Mr. Balestrieri has made is seriously flawed and incapable of producing the desired result unless a tribunal were to deliberately intervene to supply its deficiencies. As long as there was a chance of that happening, I remained quiet about the problems with the complaint.

Now Mr. Balestrieri has made success a practical impossibility by his handling of Fr. Cole’s letter–a practical impossibility meaning that it would take an amazingly miraculous intervention for the case to achieve the desired result.

This changes matters.

Since the odds are now infinitesimal that the complaint will meet with success, it becomes an imperative to warn Catholic faithful of this fact lest they be bitterly disappointed and disaffected when the action fails.

It was already a longshot–as many had pointed out–but this recent round of events has prompted many to become emotionally invested in the case in a way that can lead to needless suffering, disillusionment, and suspicion if they are not warned.

Mr. Balestrieri has engaged a serious issue in a very public way that now affects thousands of individuals who have joined or formed opinions about his case. It is important that when one does things like this that one does them with one’s eyes open, recognizing the obstacles that exist.

It is also important that one do them right, which has not happened in this case.

Mr. Balestrieri’s conduct in the matter has also made it harder for a canonical solution to be found to the problem any time in the near future. Now the shadow of this complaint will hang over future attempts to find canonical solutions to the ongoing scandal of pro-abort Catholic politicians and will make obtaining such solutions more difficult.

UPDATE: Another point I forgot to add . . . It is a good thing if arguments pro-aborts and their defenders would use before tribunals get explored now. This lets those seeking to prosecute them (a) anticipate such arguments and have rejoinders ready and (b) seek grounds that are not vulnerable to these arguments.

How To Nail Pro-Abort Politicians

Marc Balestrieri’s canonical complaint against Kerry on charges of heresy is highly problematic. His reasoning contained enough of a sketch of a case that, if a tribunal wanted, it could have used the complaint as the occasion of coming down hard on Kerry, and by extension other pro-abort Catholic politicians, but in order to do so it would have to supply the deficiencies in Balestrieri’s complaint.

After the events of the last few days, that will never happen, barring an amazingly miraculous intervention. Nobody in Rome is going to want to do Balestrieri’s work for him if they are under the impression that he tried to hoodwink them.

It therefore remains to the future to find a canonical remedy to the ongoing scandal of pro-abort Catholic politicians. There are a number of potential ways that a canonical remedy could emerge (including the pope deciding to create new law on the matter), but here is a promising avenue that is already on the books:

Canon 1369

A person who in a public show or speech, in published writing, or in other uses of the instruments of social communication utters blasphemy, gravely injures good morals, expresses insults, or excites hatred or contempt against religion or the Church is to be punished with a just penalty.

Canonists such as Ed Peters have pointed out for years the opportunity this canon provides for providing a canonical remedy to the harm being caused to society by the scandalous actions of pro-abort Catholic politicians. Using this canon one can cite speeches and other communications of pro-abort politicians, point to the fact that John Paul II (in Evangelium Vitae) has clearly acknowledged the scandal that such communications cause (scandal in the technical sense of leading other into sin), noting that public support for abortion legislation has a gravely crossive effect on good morals on a matter of fundamental human rights, and then slap such politicians (or those who refuse to mend their ways) with canonical sanctions.

In fact, since the canon mentions the infliction of a just penalty, it means that the punishment is on a sliding scale that can be calibrated to the severity of the damage an individual politician has done to good morals (as calculated based on factors such as the politicians degree of support for evil legislation, how publicly he has done it, how prominent an individual he is, and how defiant he is regarding correcting his ways).

Since this canon provides a generous ability to canonically nail such politicians for the evil they are inflicting on society, the finding of a canonical remedy turns principally on the will of tribunals to apply this law to them.

Balestrieri tried to use a personal canonical complaint that was clearly provided for under the 1917 Code of Canon Law. It is not provided in the current (1983) Code of Canon Law (see “A canonical case against Kerry”; scroll down), but a tribunal could conceivably decide to accept such a complaint anyway. His case thus could have been used as the occasion for Church authorities to act.

But the real key here is Church authorities deciding to apply this law to pro-aborts. Thus far they have not. But this year’s interventions by a number of prominent bishops on the question of abortion may be a sign that Church authorities are appreciating the lack of results produced by the previous strategy of private dialogue with politicians and that they may be considering new strategies for dealing with the scandal the politicians are causing.

Canonical sanctions would certainly make a dramatic statement about the incompatibility of the pro-abort position with the Catholic faith.

It would let the voice of Christ be heard clearly.

"If It Saves Just One Life . . . "

You know how you sometimes hear arguments that particular policies should be adopted because they will save human lives? These arguments have the right goal. But a shortsighted refusal to take any form of risk ends up costing human lives in the very attempt to save them.

THOMAS (“HE’S SO SMART”) SOWELL REVEALS A FLAW IN THE “IF IT SAVE JUST ONE LIFE” ARGUMENT.

“If It Saves Just One Life . . . “

You know how you sometimes hear arguments that particular policies should be adopted because they will save human lives? These arguments have the right goal. But a shortsighted refusal to take any form of risk ends up costing human lives in the very attempt to save them.

THOMAS (“HE’S SO SMART”) SOWELL REVEALS A FLAW IN THE “IF IT SAVE JUST ONE LIFE” ARGUMENT.

The Vatican Response That Isn't

Vatican_response(Sigh.)

People may not like what I have to say in this post, but it’s one of those obligation-to-tell-the-truth situations because there are things out there in the Catholic press right now that are (at best) misleading and as someone who is aware of this fact and who works in the setting-the-record-straight business I have something of an obligation to try to clarify matters.

First, the standard disclaimers: As anyone who reads this blog knows, I think that John Kerry’s support of the American abortion holocaust is horrendous. I would like to see him and every other Catholic pro-abort politician slapped with severe ecclesiastical sanctions. What they are doing is a crime against humanity of unimaginable proportions, and I think they should be prosecuted to the full extent of ecclesiastical law, including–if necessary–creating stronger ecclesiastical laws with which to prosecute them. (That’s the pope’s job, though, not mine.)

Now, you are probably aware that there is a canonical suit currently filed with the Archbishop of Boston by a young canonist named Marc Balestrieri, who is part of the Gen X crop of orthodox canon lawyers who will play an important role in the future of the Church. But the Gen Xers are still rather green at this point, and I find things in their writings that either don’t quite square with the law or that involve (at best) very dubious interpretations of the law. (This is in contrast to the Greatest Generation generation and the Baby Boom generation of canon lawyers, many of whom actively seek to subvert the law.)

I’m afraid that Mr. Balestrieri’s suit against Kerry is problematic. I read the original complaint (online here), and was unconvinced that he had found a canonical way to nail Kerry for his pro-abort stance. Mind you, I think there are ways to do that, and the Archbishop of Boston or one of several dicasteries in the Roman curia could choose to use Balestrieri’s complaint as the occasion to come down hard on Kerry, I just don’t think that he has put together a set of reasons that demand this response (which might not be forthcoming even if his reasoning was impeccable). In particular, his assertion that Kerry’s “I’m personally opposed but . . . ” stance amounts to heresy appears to be very problematic, for reasons I will explain below.

Yesterday the news broke that there had been a “Vatican response” to his case and that he had received a letter (online here; evil file format [.pdf] warning!) from Fr. Basil Cole at the Dominican House of Studies. Fr. Cole had been asked by Fr. Augustin DiNoia of the CDF to send Balestrieri an unofficial response to a couple of questions he had posed to the CDF.

In his letter (which is written as an informal personal opinion and not as a formal reply), Fr. Cole argues (plausibly) that direct support for abortion (i.e., saying that abortion is a morally permissible thing) is theologically heretical and can (in the conditions described in canon 751) become the canonical crime of heresy, triggering automatic excommunication. All this is fine.

At the very end of the letter, Fr. Cole has a very brief treatment of advocating a civil right (as opposed to a moral right) to abortion, and he states:

[I]f a Catholic publicly and obstinately supports the civil right to abortion, knowing that the Church teaches officially against that legislation, he or she commits that heresy envisioned by Can. 751 of the Code. Provided that the presumption of knowledge of the law and penalty (Can. 15, § 2) and imputability (Can. 1321, § 3) are not rebutted in the external forum, one is automatically excommunicated according to Can. 1364, § 1.

Well, Balestrieri published Cole’s letter to his web page and advertised it as a Vatican response (see the graphic above, which is from a screenshot of his web page this morning). The letter then set off a firestorm of “Kerry automatically excommunicated” posts and news stories on the Internet.

Unfortunately, it doesn’t seem to apply to Kerry’s situation. Fr. Cole appears to be speaking of advocating a civil right to abortion in a way that Kerry is not (or would not if called upon to explain himself to a Church tribunal). Kerry has expressed his opposition to abortion and justified his support of a civil right to abortion not saying that he thinks such a civil right is a good thing in and of itself (which is what Fr. Cole seems to be thinking of), but by (wrongly) appealing to the pluralistic nature of our society.

If called upon to explain himself by a Church tribunal, Kerry would be able to plausibly argue in this way:

I do not support abortion. I have repeatedly and publicly said that I accept the Church’s teaching on this point as an article of faith. I have said this in front of the nation in the presidential debates. And at that time I said that because of the nature of our society in America, I cannot impose that article of faith on others. In saying this, I appealed to the same kind of considerations that John Paul II appealed to in Evangelium Vitae 73, in which he said that in circumstances where it is impossible to remove or ameliorate an abortion law, it is permissible for an elected official whose personal opposition to abortion is well known to support a law that contains provisions allowing abortion.

I am such a politician. My personal opposition is well known. In fact, after the debates my pesonal opposition is better known than that of any other Catholic politician. Yet I am telling you that removing the civil right to abortion in America would cause a huge convulsion to our society that would be worse than leaving the civil right in place. I therefore do not support the civil right as a good thing in and of itself but as something that the nature of American society presently requires.

Heresy involves denying or doubting specific propositions, and I am with the Church on the evil of abortion. I do not doubt or deny any propositions of a theological nature. What I doubt or deny is that the civil right to abortion could be removed from American law without causing an enormous cataclysm in American society that would be worse than leaving the civil right in place. This is not a matter that has been definitively treated by the Chruch’s ordinary or extraordinary magisterium and therefore is not capable of triggering the Code of Canon Law’s provisions regarding the crime of heresy. Further, since John Paul II in Evangelium Vitae noted that there are situations where elected officials can support legislation that contains abortion provisions because the attempt to overturn this legislation would be ineffective or produce a worse situation, it is clear that I am not committing heresy, however much one may disagree with my stance on this matter.

If he made such a statement I would regard it as a hypocritical, duplicitous, and flatly erroneous position to take. Abortion must end in America, and efforts to end it would not be worse than the 1.5 million deaths it causes every year in this country. So Kerry’s claim would be howlingly wrong, but howlingly wrong does not make it heretical in the sense that the Code of Canon Law defines that concept, which requires (among other things) a matter to have been infallibly settled. The Church has made no such determination regarding the sociological situation in America. It thus would be extraordinarily difficult to show that heresy has been committed by an individual taking the kind of position described above.

Now it turns out, as Ed Peters informs us, that Fr. Cole has issued a clarification indicating that neither he nor Fr. DiNoia knew that they were talking to a guy who was a litigant in a case. They thought that they were helping out a canon law student (Balestrieri is pursuing a doctorate; he already has a standard canon law degree on the basis of which he has practiced) and that the reply Cole gave was in no way an official reply from the Vatican (as is obvious from the text of the letter itself) and was a comment on principle not directed to the case of Sen. Kerry. Indeed, Cole’s letter doesn’t even seem to engage Kerry’s actual position.

Cole says in part:

Neither Fr. DiNoia nor I had any knowledge that he was going to “go after” Kerry or any other Catholic figure for their public stance concerning the evil of abortion. So, in my letter to Marc Balestrieri, I began by mentioning that my letter is a personal and private opinion to him about anyone who would publically and persistently teach that abortion is not morally prohibited. It in no way is authoritative from the Congregation nor was I representing the Congregation.

Further, the CDF has now issued a statement saying Cole’s letter is not an official determination on anything concerning the Kerry case.

Peters comments:

It is a pity that a refined and thoughtful letter by a thinker of Fr. Cole’s credentials was so mischaracterized (as if it were a Vatican determination on a key point in Balestrieri’s case), and that so many people (eager perhaps for something finally to be done about the Kerry scandal) relied on those mischaracterizations (despite the plain wording of Cole’s letter itself!) and circulated them uncritically.

Whatever else happens now (and I fear several repercussions actually), I think a gaff like this appears to be is going to make it even more difficult for Balestrieri to pursue his heresy case against Kerry, a case that was already facing some significant procedural and substantive canonical hurdles.

GET THE STORY.

The Vatican Response That Isn’t

Vatican_response(Sigh.)

People may not like what I have to say in this post, but it’s one of those obligation-to-tell-the-truth situations because there are things out there in the Catholic press right now that are (at best) misleading and as someone who is aware of this fact and who works in the setting-the-record-straight business I have something of an obligation to try to clarify matters.

First, the standard disclaimers: As anyone who reads this blog knows, I think that John Kerry’s support of the American abortion holocaust is horrendous. I would like to see him and every other Catholic pro-abort politician slapped with severe ecclesiastical sanctions. What they are doing is a crime against humanity of unimaginable proportions, and I think they should be prosecuted to the full extent of ecclesiastical law, including–if necessary–creating stronger ecclesiastical laws with which to prosecute them. (That’s the pope’s job, though, not mine.)

Now, you are probably aware that there is a canonical suit currently filed with the Archbishop of Boston by a young canonist named Marc Balestrieri, who is part of the Gen X crop of orthodox canon lawyers who will play an important role in the future of the Church. But the Gen Xers are still rather green at this point, and I find things in their writings that either don’t quite square with the law or that involve (at best) very dubious interpretations of the law. (This is in contrast to the Greatest Generation generation and the Baby Boom generation of canon lawyers, many of whom actively seek to subvert the law.)

I’m afraid that Mr. Balestrieri’s suit against Kerry is problematic. I read the original complaint (online here), and was unconvinced that he had found a canonical way to nail Kerry for his pro-abort stance. Mind you, I think there are ways to do that, and the Archbishop of Boston or one of several dicasteries in the Roman curia could choose to use Balestrieri’s complaint as the occasion to come down hard on Kerry, I just don’t think that he has put together a set of reasons that demand this response (which might not be forthcoming even if his reasoning was impeccable). In particular, his assertion that Kerry’s “I’m personally opposed but . . . ” stance amounts to heresy appears to be very problematic, for reasons I will explain below.

Yesterday the news broke that there had been a “Vatican response” to his case and that he had received a letter (online here; evil file format [.pdf] warning!) from Fr. Basil Cole at the Dominican House of Studies. Fr. Cole had been asked by Fr. Augustin DiNoia of the CDF to send Balestrieri an unofficial response to a couple of questions he had posed to the CDF.

In his letter (which is written as an informal personal opinion and not as a formal reply), Fr. Cole argues (plausibly) that direct support for abortion (i.e., saying that abortion is a morally permissible thing) is theologically heretical and can (in the conditions described in canon 751) become the canonical crime of heresy, triggering automatic excommunication. All this is fine.

At the very end of the letter, Fr. Cole has a very brief treatment of advocating a civil right (as opposed to a moral right) to abortion, and he states:

[I]f a Catholic publicly and obstinately supports the civil right to abortion, knowing that the Church teaches officially against that legislation, he or she commits that heresy envisioned by Can. 751 of the Code. Provided that the presumption of knowledge of the law and penalty (Can. 15, § 2) and imputability (Can. 1321, § 3) are not rebutted in the external forum, one is automatically excommunicated according to Can. 1364, § 1.

Well, Balestrieri published Cole’s letter to his web page and advertised it as a Vatican response (see the graphic above, which is from a screenshot of his web page this morning). The letter then set off a firestorm of “Kerry automatically excommunicated” posts and news stories on the Internet.

Unfortunately, it doesn’t seem to apply to Kerry’s situation. Fr. Cole appears to be speaking of advocating a civil right to abortion in a way that Kerry is not (or would not if called upon to explain himself to a Church tribunal). Kerry has expressed his opposition to abortion and justified his support of a civil right to abortion not saying that he thinks such a civil right is a good thing in and of itself (which is what Fr. Cole seems to be thinking of), but by (wrongly) appealing to the pluralistic nature of our society.

If called upon to explain himself by a Church tribunal, Kerry would be able to plausibly argue in this way:

I do not support abortion. I have repeatedly and publicly said that I accept the Church’s teaching on this point as an article of faith. I have said this in front of the nation in the presidential debates. And at that time I said that because of the nature of our society in America, I cannot impose that article of faith on others. In saying this, I appealed to the same kind of considerations that John Paul II appealed to in Evangelium Vitae 73, in which he said that in circumstances where it is impossible to remove or ameliorate an abortion law, it is permissible for an elected official whose personal opposition to abortion is well known to support a law that contains provisions allowing abortion.

I am such a politician. My personal opposition is well known. In fact, after the debates my pesonal opposition is better known than that of any other Catholic politician. Yet I am telling you that removing the civil right to abortion in America would cause a huge convulsion to our society that would be worse than leaving the civil right in place. I therefore do not support the civil right as a good thing in and of itself but as something that the nature of American society presently requires.

Heresy involves denying or doubting specific propositions, and I am with the Church on the evil of abortion. I do not doubt or deny any propositions of a theological nature. What I doubt or deny is that the civil right to abortion could be removed from American law without causing an enormous cataclysm in American society that would be worse than leaving the civil right in place. This is not a matter that has been definitively treated by the Chruch’s ordinary or extraordinary magisterium and therefore is not capable of triggering the Code of Canon Law’s provisions regarding the crime of heresy. Further, since John Paul II in Evangelium Vitae noted that there are situations where elected officials can support legislation that contains abortion provisions because the attempt to overturn this legislation would be ineffective or produce a worse situation, it is clear that I am not committing heresy, however much one may disagree with my stance on this matter.

If he made such a statement I would regard it as a hypocritical, duplicitous, and flatly erroneous position to take. Abortion must end in America, and efforts to end it would not be worse than the 1.5 million deaths it causes every year in this country. So Kerry’s claim would be howlingly wrong, but howlingly wrong does not make it heretical in the sense that the Code of Canon Law defines that concept, which requires (among other things) a matter to have been infallibly settled. The Church has made no such determination regarding the sociological situation in America. It thus would be extraordinarily difficult to show that heresy has been committed by an individual taking the kind of position described above.

Now it turns out, as Ed Peters informs us, that Fr. Cole has issued a clarification indicating that neither he nor Fr. DiNoia knew that they were talking to a guy who was a litigant in a case. They thought that they were helping out a canon law student (Balestrieri is pursuing a doctorate; he already has a standard canon law degree on the basis of which he has practiced) and that the reply Cole gave was in no way an official reply from the Vatican (as is obvious from the text of the letter itself) and was a comment on principle not directed to the case of Sen. Kerry. Indeed, Cole’s letter doesn’t even seem to engage Kerry’s actual position.

Cole says in part:

Neither Fr. DiNoia nor I had any knowledge that he was going to “go after” Kerry or any other Catholic figure for their public stance concerning the evil of abortion. So, in my letter to Marc Balestrieri, I began by mentioning that my letter is a personal and private opinion to him about anyone who would publically and persistently teach that abortion is not morally prohibited. It in no way is authoritative from the Congregation nor was I representing the Congregation.

Further, the CDF has now issued a statement saying Cole’s letter is not an official determination on anything concerning the Kerry case.

Peters comments:

It is a pity that a refined and thoughtful letter by a thinker of Fr. Cole’s credentials was so mischaracterized (as if it were a Vatican determination on a key point in Balestrieri’s case), and that so many people (eager perhaps for something finally to be done about the Kerry scandal) relied on those mischaracterizations (despite the plain wording of Cole’s letter itself!) and circulated them uncritically.

Whatever else happens now (and I fear several repercussions actually), I think a gaff like this appears to be is going to make it even more difficult for Balestrieri to pursue his heresy case against Kerry, a case that was already facing some significant procedural and substantive canonical hurdles.

GET THE STORY.

Open Society = Vulnerability + Daisy Cutters

In the weeks after 9/11, I found myself thinking like this:

It’s true that the open society we have in America made us vulnerable to the kind of infiltration-attack that the terrorists pulled off. In a xenophobic, totalitarian state, it would be much harder to get foreign sleeper agents in place to execute that kind of attack. People of potentially dangerous nationalities could simply be excluded from the state. That, after all, is a defensive tactic that has been used by many societies in the past (e.g., the Spainish expulsion of the Moors after the liberation of Spain from Moorish domination). But we’re not that kind of society, and our openness to other societies leaves us vulnerable to this kind of infiltration.

But in addition to the free movement of people, the openness of our society also means something else: the free movement of information and resources. We have all kinds of innovation in this country, both technological and economic, that is simply impossible in closed societies. That’s why our military and our economy are so much stronger than others. It’s the reason that we won the Cold War and the Soviet Union didn’t. The free flow of information and resources in America let us overmatch the Soviet Union, which as a closed society simply couldn’t keep up in the end.

So the openness of our society leads to both its vulnerability and its strenth.

The same applies to the situation we presently face with al-Qa’ida. Our openness allowed 9/11 to happen, and it allowed all of the really cool munitions we used to liberate Afghanistan (the supposedly geographically invincible country) in a matter of weeks.

So, as I put it at the time: “Our openness means that you get to take a poke at us . . . and then that we get to drop daisy cutters on your head.”

HERE’S AN ARTICLE from someone on the Muslim side of the divide who acknowledges something akin to the same thing.

Fascinating read.

He argues that a clash of civiliations is indeed afoot, but that it is a clash destined to be won by the West, that Islamic society is simply incapable of keeping up in the end. It is, from an American perspective, a hopeful recognition that 9/11 represented not the advent of a massive, unending clash between the West and Islam, but the last gasp of a dying Islamism against an unstoppable West.

Openness’ll do that for ya.

Journalist Increases Own Chance Of Going To Hell

Just before the Dan Rather scandal broke, I was preparing to write a post about the bias and incompetence of the media. It seemed that RaTHergate was making the point for me, so I decided to wait.

Sunday morning I read an editorial that made me decide to not wait any more.

I know that the bias and incompetence of the news media won’t come as . . . well, news to anyone, but my experience this year has given me new insight into the depth of the media’s bias and incompetence. As a result of the Catholic Answers voters guide, I’ve had to give tons of media interviews (some of them linked here). I thus get put in the fascinating position of (a) knowing what I actually said to the reporter and (b) seeing what the reporter attributes to me in print.

Lemme tell ya: It ain’t even close!

It amazes me how badly reporters butcher things. I’ll try to write a post soon that provides some detail on how The Game works, but for now let me focus on one particular editorial:

Will a Kerry vote send faithful straight to hell? by Bob Keeler of New York’s Newsday.

Here’s how he opens the piece:

Karl Keating says I’m going to hell. And we haven’t even met.

This is a “grabber” meant to get the reader’s attention and engross him in reading the article. Fine. Grabbers are good. But . . . here’s the deal . . . grabbers have to be accurate or, if the grabber involves a little hyperbole, you have to correct the misimpression immediately.

This grabber isn’t accurate, and it creates a misimpression that is not immediately corrected: namely, that Karl Keating says Bob Keeler and people like him are going to hell. Karl is thus immediately painted as a kind of vicious extremist, an impression that is reinforced by the knife-twisting comment “And we haven’t even met.”

Keeler then states:

Keating runs “Catholic Answers,” a conservative lay group based in San Diego. Its Web site, catholic.com, offers a voter’s guide to this election, with five “non-negotiable” issues: abortion, euthanasia, embryonic stem-cell research, human cloning and gay marriage.

In a published interview about the guide [in an unnamed competitor’s newspaper, the San Jose Mercury News], Keating has said: “It’s a serious sin to vote for moral evils, especially those that are so clearly opposed to the church’s teachings.”

In other words, vote for a candidate with the wrong views on these issues, and you’re well on your way to hell. Since I plan to vote for John Kerry for president, Keating’s argument presents me – and millions of Catholics like me – a pretty bleak prognosis for the life to come.

This is a gross distortion, and Keeler knows it.

How do I know that? . . . You’ll see.

Keeler goes on to state:

Catholic Answers doesn’t actually mention President George W. Bush or Sen. John Kerry, but you’d have to be pretty obtuse not to get the idea.

This charge is flat wrong. If he had been doing his job, Keeler would have called Catholic Answers to find out our position on questions like whether we’d say he is going to hell or whether we are supporting any particular candidates. Being an editorialist doesn’t give you license to just sit back and spout off half-baked conjectures when it’s easy enough to pick up the phone and ask whether your conjecture is correct or not. Failing to check easily checkable facts is what is known in the business as “reckless disregard for the truth,” and that is what Keeler displayed by failing to pick up the phone.

Keeler is an editorialist, and being an editorialist is different than being a reporter. Being an editorialist means that you get to give opinions, but it doesn’t mean that you don’t have to check facts any more. A good editorialist checks the factuality of his claims before he makes them in print, but a good editorialist is not what Bob Keeler showed himself to be in this piece.

I’m pleased to report that not all Newsday people show the same reckless disregard for the truth that Keeler does.

In fact, a reporter from Newsday did call us . . . the day after Keeler’s piece ran (though I wouldn’t know Keeler’s piece even existed for another two days). Keeler didn’t get the answers I gave that reporter . . . because he didn’t call.

With the reporter who did call, I laboriously pointed out that Catholic Answers is a non-partisan organization that does not endorse or disendorse any candidate or party. I explained that the guide was written before the election and before it was known who the candidates were. I explained that the voters guide offers principles to be used in all races (and all elections, for that matter, not just this one), and it is not directed at this year’s presidential race. This last point is clearly made in the voters guide itself, which raises questions about whether Keeler even read the guide before spouting off.

Keeler’s insinuation that Catholic Answers is endorsing a candidate if flatly inaccurate. I explained to the reporter who didn’t display Keeler’s reckless disregard for the truth, Catholic Answers explains the principles of the Catholic faith, including the moral principles involved in voting, and that it is up to the individual to apply these principles to particular races. I explained that this is strictly a matter of principle, and if every politician in the world decided to adopt the principles enumerated in the voters guide, that would be just great. In fact, as I pointed out, the guide expressly states that one should not vote based on party affiliation.

Keeler next states:

Other interest groups aren’t so delicate. For one example, check out the nasty Kerry cartoon on the National Rifle Association’s Political Victory Fund site, which brags about defeating Al Gore in 2000 and slobbers over the chance to bury Kerry.

Or take a look at the Natural Resources Defense Council site, which isn’t a voter’s guide, but offers an overwhelmingly negative assessment of Bush’s polluter-friendly record on the environment.

What does this have to do with anything? I don’t see any “religion and politics” theme here. Keeler has lunged away from his principal theme in order to go after purely secular concerns.

Of course, one knows what he is trying to do here. He is trying to create a guilt-by-association smear against Catholic Answers by placing it alongside groups who comment on particular candidates in a way that Catholic Answers does not.

The tactic would be less blatant if he was able to cite interest groups that were plausibly associated with Catholic Answers–i.e., other Catholic ones–but Keeler apparently can’t name any and must resort to citing secular interest groups that have made the kind of comments he wants via suggestion to tar Catholic Answers with even though by his own admission Catholic Answers hasn’t committed this kind of action.

Why bring up irrelevant secular groups with no connection to Catholic Answers if you aren’t trying some kind of guilt-by-manufactured-association smear?

Keeler then states:

Not everyone, of course, has the resources of the NRA or the NRDC. Take the folks who created the votingcatholic.org site. Though I’ve never exchanged a word with Karl Keating, I do know some of these smart and committed young people, through the College of the Holy Cross and Pax Christi, the international Catholic peace movement.

These are not crazies or heretics. They take their lead, in fact, from this quote from the nation’s Catholic bishops: “The Christian faith is an integral unity, and thus it is incoherent to isolate some particular element to the detriment of the whole of Catholic doctrine. A political commitment to a single isolated aspect of the Church’s social doctrine does not exhaust one’s responsibility towards the common good.”

A-ha! So Keeler is associated with the votingcatholic.org folks, a bunch of college students who created their site specifically because they didn’t like the Catholic Answers voters guide.

Keeler certainly describes them in glowing terms. He emphasizes his personal relationship with them, he describes them as “smart and committed young people,” he associates them with institutions that presumably will be looked upon favorably by his New York audience, he assures us that “these are not crazies or heretics,” and he portrays them as simply furthering the goals of the U.S. bishops (a disingenuous perception that the votingcatholic.org folks studiously seek to maintain).

The contrast is thus between warm, fuzzy young people who I personally know and cold, prickly bad guy who I don’t know and didn’t bother to call so that he couldn’t contradict the charges I wanted to make against him and thus deflate my editorial.

Keeler then devotes three full paragraphs to unfavorably comparing Catholic Answers’ voters guide to an entire web site, praising the latter for including issues that couldn’t possibly fit into a 2000 word booklet. He concludes by saying:

It’s [votingcatholic.org] an excellent site to help Catholics decide.

Despite the fact that, as Karl pointed out, votingcatholic.org seriously misrepresents Catholic teaching on abortion (scroll down).

Now up to this point, what’s been the impression created by Keeler concerning what Karl thinks about who is going to hell?

That’s right: Keeler has not only suggested but stated flat out that Karl thinks people like him are going to hell. He did so not on the basis of an actual quote from Karl saying this but by stitching together things said in different places so that they suggested the conclusion he wanted.

He didn’t ask Karl about going to hell to see if his conclusion was correct or not, so he presents it in an unqualified form, without any of the “Only God knows a person’s conscience” qualifiers that Karl always answers with whenever directly asked if someone is going to hell.

But the Newsday reporter who did call asked me this question. He specifically asked if people who vote for Kerry are going to hell (perhaps because he’d read Keeler’s screed before calling). I answered him with all the nuance that the Church expects on a question like that. If Keeler had bothered to call, he would have gotten the same kind of answer and it would have deflated the central charge he wanted to make in his editorial.

To keep that from happening, he chose not to call in reckless disregard for the truth.

But after letting the charge that Karl thinks Keeler is going to hell marinate in the minds of his readers for 550 words of his 750-word editorial, Keeler then decides to put in some fire insurance for himself, lest Catholic Answers vociferously denounce his central assertion.

Three-quarters of the way through the article, Keeler says this:

To be fair to Keating, his voter’s guide does offer an exception: “In some political races, each candidate takes a wrong position on one or more issues involving non-negotiable moral principles. In such a case you may vote for the candidate who takes the fewest such positions or who seems least likely to be able to advance immoral legislation, or you may choose to vote for no one.”

So despite the impression that Keeler has studiously sought to create for the last 550 words, Karl does NOT, in fact, say that everyone who votes for Kerry is going to hell. If there are situations in which one can vote for candidates who are wrong on some of the five non-negotiables then obviously you wouldn’t go to hell for doing so in such situations. Therefore the comment from the San Jose Mercury News was a general statement of principle that did not admit the conclusion Keeler drew from it.

Keeler knew this—because he admits it by quoting the voters guide’s statement indicating this—but he chose to bury the fact at the end of his hit-piece editorial after striving for 550 words to create the opposite impression.

Keeler then states:

Keating would argue that only his five issues are truly non-negotiable, but many Catholics also include such matters as war and peace, the slaughter of civilians, the death penalty, and caring for the poor.

Keeler once again is flat wrong, and because he didn’t call.

I had a lengthy discussion with the reporter who did call about the principles that were used to select the five non-negotiables mentioned in the guide and why the other issues Keeler names aren’t included. There were two main criteria: (1) There has to be an official statement of Catholic teaching indicating that Catholics can never support the issue and (2) it has to be an issue under active discussion in America.

Keeler is wrong therefore to say that “Keating would argue that only his five issues are truly non-negotiable.” This is flat wrong. There are many issues, and Karl would acknowledge this, that are also non-negotiable but that are not included in the guide because they are not under discussion in America.

Keeler himself names one of them: the slaughter of civilians. No American politician is advocating slaughtering civilians, as was done with the nuking of Hiroshima and Nagasaki and the firebombing of Dresden. If politicians were advocating the slaughter of civilians, that issue would be the sixth non-negotiable. In fact, Karl himself has repeatedly written in print about the evil of those bombings and the fact that they were not supportable by Catholic moral teaching. In fact, he’s taken heat from Catholics who obstinately disagreed. The only reason that this issue isn’t mentioned in the voters guide is that the conscience of the nation has progressed enough in this area that no politician in his right mind would advocate such a thing at present.

Keeler may be right that “many Catholics also include such matters as war and peace” and “the death penalty” among non-negotiables, but as I explained to the reporter who bothered calling, these Catholics would be out of line with Church teaching.

In fact, I quoted to him Cardinal Ratzinger’s statement that there can be a “legitimate diversity of opinion” among Catholics on the issues of whether to go to war or whether to apply the death penalty. Yet Keeler tries to encourage Catholics to think that these may rightly be regarded as non-negotiables when the Church’s chief doctrinal officer says otherwise.

Further, I pointed out to the reporter who called that the Catechism of the Catholic Church itself points out that there are situations where war is just and that the state does have the right to use capital punishment. Yet Keeler wants to have Catholics think that these issues are non-negotiable though the Church’s official, worldwide catechism says otherwise.

The other issue Keeler names–the care of the poor–is indeed a non-negotiable in the sense that society has an obligation through some means to care for the basic needs of those who are unable to provide for themselves, but this obligation is sufficiently general that it does not result in a particular governmental policy that must be supported, and bishops have pointed out that Catholics may legitimately take different positions on how the poor are best helped. Thus, as I pointed out to the Newsday reporter who called, Catholics may legitimately think that the best way to help the poor is to lower taxes so that businesses will create more jobs or they may hold that the best way to help the poor is to raise taxes so that a government program can be created to help the poor. The generalized obligation to help the poor thus does not result in a non-negotiable “all Catholics must support this policy” view, as the subject of abortion and the other non-negotiables mentioned in the voters guide do.

Keeler then states:

So, even by Keating’s standards, I feel comfortable that Kerry is far less dangerous to human life than Bush. Even Cardinal Joseph Ratzinger, the church’s chief doctrinal officer, gives comfort to Catholics like me, who don’t like Kerry’s pro-choice stand: He says Catholics can vote for pro-choice candidates, if they vote despite that position, not because of it, and if there are “proportionate reasons.” My reasons: Bush has averted few, if any, abortions, but killed thousands of Iraqi civilians.

Hmmmmm. . . . So it’s okay to quote Cardinal Ratzinger as an authority when he says something Keeler likes (like there are situations where one can vote for such candidates), but not when he says something Keeler doesn’t like (like war and the death penalty are not non-negotiables). Presumably Keeler knows about the latter statement because it is in the very same memorandum that Keeler quotes on this point. So he either knows about it or is so reckless in his disregard for the truth that he can’t be bothered to read the source he is quoting!

In fact, with the reporter who called, I had a substantial discussion of what kind of proportionate reason is needed to vote for a pro-abort president. I walked him through the logic showing that the election of such an individual would result in an average of nine million additional murders by extending the abortion holocaust, so you’d need a reason proportionate to that.

Individual voters will have to decide for themselves whether there is such a reason in the present election, but if there is one, it certainly isn’t the lame-o reason Keeler gives: “Bush has averted few, if any, abortions, but killed thousands of Iraqi civilians.”

There is no doubt that the abortion holocaust would be extended by the election of a pro-abort president and result in millions of more deaths that would overmatch by three orders of magnitude thousands of civilians who have died due to collateral damage. Keeler also neglects the different moral characters of the actions, as abortion involves the deliberate killing of an innocent and is never justified whereas collateral damage involves the non-deliberate killing of innocents and therefore can be permitted for “proportionate reasons” under the law of double-effect.

Keeler then finishes with the utter irrelevancy:

Bottom line: There are plenty of one-issue voter’s guides, but Catholics and non-Catholics alike should devote the time to studying a wider array of issues before voting.

As if five non-negotiables amounted to a one issue voter guide! Keeler is in such mental thralldom to standard liberal talking points that his ability to count has been impaired! In the mathematics that apply to the universe I live in, five issues is “a wider array of issues” than one issue, but Keeler is determined to suggest that Catholic Answers is urging single issue voting because that’s the standard liberal talking point whenever abortion gets mentioned.

Let me offer my own bottom line on this affair: Neither Karl nor I would say that Keeler is definitely going to hell, but the number of journalistic sins he committed here (displaying reckless disregard for the truth by not calling to check easily checkable claims, misleading the reader for three-quarters of the piece before making an implicit admission that the central claim of the piece is wrong, and misleading his readers about the teaching of the Catholic Church on various issues) certainly didn’t help matters.

Keeler’s editorial brings to mind the biblical saying: “Ye have not because ye ask not.”

The reporter who did call brings to mind the saying: “Ask and ye shall receive.”

Keeler wrote a barking moonbat editorial because he didn’t bother checking his facts, and the Newsday reporter who did call got what amounted to a point-by-point refutation of everything Keeler said in his editorial (without me even knowing of its existence at the time).

There’s a word for journalists who show the kind of reckless disregard for the truth that Keeler did.

That word is “hack.”

And that’s exactly what Bob Keeler showed himself to be by writing this piece.

His bio line says that he is an editorialist who used to be a religion reporter.

In a world of Jayson Blairs and Dan RaTHers, perhaps Newsday should go back and examine the articles Keeler wrote when he was a religion reporter to see if he showed the same reckless disregard for the truth back then.

(BTW, What’s mine is mine.)