Month: January 2005

You may have heard rumblings about new options in the stem cell debate that could get us around the current impasse.

SLATE RECENTLY RAN AN ARTICLE ON TWO SUCH PROPOSALS.

I’m not convinced that either proposal works.

I’ll talk about the first, and simpler, proposal today and the second later.

Here’s Slate’s description of the first:

The first, by Drs. Donald Landry and Howard Zucker of Columbia
University, proposes that we take stem cells from embryos at the same
point at which we take organs from children and adults: right after
they die. All we have to do is agree on the point at which an embryo is
dead. Landry suggests that this point is "the irreversible arrest of
cell division," which conveniently applies to huge numbers of embryos
frozen in IVF clinics. With further study, he argues, we can clarify
the signs of irreversible arrest, which will tell us when it’s kosher
to start yanking stem cells. He cites an experiment in which stem cells
from arrested frog embryos were injected into normal frog embryos.
Twenty-five percent of the cells began to divide again and were
absorbed into the new embryos.

The conservatives on the council
like the idea. They have two concerns. They want to make sure the signs
chosen to certify embryo death don’t exclude some living embryos.
They’re also wary of the Columbia team’s suggestion that stem cells
could be harvested from embryos "in extremis," i.e., near death. But
Landry and Zucker point out that these are the same issues ethicists
have worked out in the case of a dying child or adult. We just need to
iron out the details. That’s the beauty of the proposal: It’s
conventional.

The idea of harvesting stem cells from deceased embryos is something that occurred to me before. While it would get around the fact that embryonic stem cell research is otherwise murder, the mere fact that we’re not dealing with murder any more does not mean that it is problem-free. Here are several concerns:

1. The first and biggest problem is that we don’t know when an embryo is dead. In the absence of heart or brain (neither of which has developed at the time researchers want to harvest stem cells), conventional tests for life don’t apply. The "irreversible cessation of cell division" proposal is not unobjectionable.
   • First, what counts as "irreversible" may be a technical matter that is not intrinsic to the question of life. Just as we can often now re-start the hearts of people who previously had technologically irreversible cessation of heart activity (and thus now no longer use merely the absence of a heartbeat as a test for life), research may make it possible to reverse cessation of cell division in embryos.
   • Second, and related to the former, cessation of cell division (reversible or not) may be one stage of dying for embryos, but not death itself, just as cessation of heartbeat is one stage of dying for adults, but not death itself.
   • Third, the most obvious (to me) point at which we could say that an embryo is dead is when cellular metabolism has stopped. But if you wait that long, the stem cells may not be of any use.
2. Supposing that there is a point at which the embryo can be established as dead and at which the stem cells could be usefully harvested, there are still other concerns. One is what should be done with all the embryos languishing in cryonic suspension in IVF facilities. One possibility is that they ought to be implanted and allowed to develop (though is is controversial among conservative Catholic moral theologians). Unfortunately, the vast numbers of these children make this a practical impossibility.
3. Supposing, then, that these children are not to be allowed to develop, what should happen to them? Baptizing them, unfreezing them (and baptizing them will itself unfreeze them), allowing them to die  naturally, and then respectfully dealing with their remains would seem to be the preferred way of addressing the situation.
4. Rather than proceding immediately to burial or cremation, though, would it be possible for parents to fill out the equivalent of an organ donor card for these children (a stem cell donor card)? We let parents do that with children are born and then die in the natural way.
5. In principle, perhaps it could be done. But I feel a moral discomfort with the idea of letting parents artificially create large numbers of children that they can’t possibly raise and then, upon their expiry, hand them over to researchers for experimentation on their corpses.
6. The root problem, of course, is the artificial creation of the children in the first place. That was immoral and unethical and should not have happened. But accepting it as something that cannot be undone, should parents be allowed to donate their children’s stem cells to bring some good out of their cruelly and immorally short lives–perhaps doing so to stop the outright murder of other children?
7. All I can say is . . . maybe. While the Church recognizes the moral legitimacy of organ donation in principle, it is not at all clear that it would be proper to allow parents who have artificially created children for themselves to exercise this possibility on behalf of these children.

It thus strikes me that the situation is far too ambiguous, and ultimately we’ll need guidance from the CDF on this one (which won’t offer such guidance until Catholic moralists have chewed this one over for a while).

In any event, it seems to me that this proposal is very far from being a slam dunk.

Yesterday Ed Peters, Mark Brumley, I, and another had an e-mail conversation about the situation of a Catholic school in Orange County, California that has admitted the children of two homosexual "fathers" to its kindergarten. This prompted outrage parents to demand that the situation be recitifed. The school has refused, and the parents are appealing to the Vatican. School officials, as well as William Donohue of the Catholic League have defended the school’s position, arguing that taking a different one would lead to not allowing children into the school whose parents are divorced or contracepting.

GET THE STORY.

ED HAS NOW BLOGGED HIS EXCELLENT THOUGHTS ON THE SITUATION.

UPDATE: MARK BRUMLEY HAS ALSO PUT UP HIS EXCELLENT THOUGHTS.

Here are my thoughts (edited from our e-mail conversation):

• Though I have been unable to verify this online, part of my memory is

  telling me that the school has allowed one of the "fathers" to have a

  role caring for the kindergarten class. I don’t know if that’s the case,

  but it’s a situation that may arise in some school, so let’s consider it

  for theoretical purposes.

• As Ed points out, there seems to be a spectrum of progressively more

  disordered situations here. I would construct the spectrum along the

  following lines:

1. Children of normal parents living in accord with Church teaching.
2. Children of parents who formerly did not live according to Church

   teaching but who presently are.

3. Children of parents who are divorced and not remarried.
4. Children of parents who are secretly contracepting.
5. Children of parents who make no secret of the fact that they are

   contracepting or that they hold other opinions at variance with Church

   teaching.

6. Children of parents who are divorced and invalidly remarried.
7. Children of parents who are not married.
8. Children of parents who are divorced and now cohabiting with another.
9. Children of homosexual "parents."
10. Children of homosexual "parents" whose "parents" take a public role

    in the life of the class.

• The primary purpose of a Catholic school is to provide a quality

  Catholic education for all of its students collectively. This means

  that there would be rational grounds, even in the absence of a mandate

  from the Vatican, for the school to establish policies against anything

  that would substantially interfere with the ability of the school to

  fulfill its primary purpose.

• A quality Catholic education will involve not only imparting

  information to students but also shielding them from certain realities

  of life until they are cognitively and morally prepared to come to terms

  with them. This includes preserving the sexual innocence of young children and

  shielding them from knowledge of same-sex unions.

• Though in no case is the disordered situation of his parents the fault of the child, some of the situations on the spectrum above would clearly seem to

  pose a challenge to the school’s ability to provide a quality Catholic

  education for all its students. Somewhere between item #1 and item #10

  on the spectrum, a line must be drawn.

• Where this line is to be drawn, in the absence of a mandate from the

  Vatican, would seem to be a prudential decision best made by those in

  charge of the school (including the bishop, especially if it is a

  diocesan school) in consultation with the parents whose children will be

  affected by the impact of the decision.

• It would seem that there are several places where the line could

  rationally be drawn:

a) Since items #1-#3 do not involve situations in which parents are

violating Church teaching, they seem to all be permissible situations in which to admit the children to the school.

b) With item #4, an occult sin is introduced but, since it is occult, it

would not seem to pose any impediment to the school being able to

fulfill its mission.

c) With item #5, a rational case could be made if a school wished to

adopt a strict line to protect the children it serves, as the parents’

open dissent could pose an impediment to the school’s ability to

fulfill its mission. However, prudence makes one wonder the extent to

which the children of the school would even be aware of the parents’

dissent. Unless they are unusually obnoxious public activists, their

dissent is more likely to be known to other parents but not to the

children of the school.

d) Lines also could be drawn with even greater basis anywhere among

items #6-#8, as each of these involves a more obviously disordered

situation. However, the question must still be raised of the extent to

which the children of the school–apart from the children of the parents

in question–would be aware of the situation. The condition of the

parents might not be sufficiently known among the student body to

impeding the school in fulfillings its mission. Especially in schools

with young students, parents in these conditions might be perceived by

the children simply as the mommy and daddy of a student and presumed to

be married in accord with Church teaching.

e) A line most emphatically could be drawn before item #9, as the

introduction of a student who has "two mommies" or "two daddies" is

almost certainly to come to the attention of the children and create a

significant impediment to the school fulfilling its mission.

f) A line absolutely must be drawn before item #10. The introduction of

one or both of the homosexual "parents" into the life of the class is certain to fixate the

attention of the students on the situation and dramatically amplify the

impediment to the school’s mission.

Yesterday Ed Peters, Mark Brumley, I, and another had an e-mail conversation about the situation of a Catholic school in Orange County, California that has admitted the children of two homosexual "fathers" to its kindergarten. This prompted outrage parents to demand that the situation be recitifed. The school has refused, and the parents are appealing to the Vatican. School officials, as well as William Donohue of the Catholic League have defended the school’s position, arguing that taking a different one would lead to not allowing children into the school whose parents are divorced or contracepting.

GET THE STORY.

ED HAS NOW BLOGGED HIS EXCELLENT THOUGHTS ON THE SITUATION.

UPDATE: MARK BRUMLEY HAS ALSO PUT UP HIS EXCELLENT THOUGHTS.

Here are my thoughts (edited from our e-mail conversation):

• Though I have been unable to verify this online, part of my memory is
  telling me that the school has allowed one of the "fathers" to have a
  role caring for the kindergarten class. I don’t know if that’s the case,
  but it’s a situation that may arise in some school, so let’s consider it
  for theoretical purposes.
• As Ed points out, there seems to be a spectrum of progressively more
  disordered situations here. I would construct the spectrum along the
  following lines:

1. Children of normal parents living in accord with Church teaching.
2. Children of parents who formerly did not live according to Church
   teaching but who presently are.
3. Children of parents who are divorced and not remarried.
4. Children of parents who are secretly contracepting.
5. Children of parents who make no secret of the fact that they are
   contracepting or that they hold other opinions at variance with Church
   teaching.
6. Children of parents who are divorced and invalidly remarried.
7. Children of parents who are not married.
8. Children of parents who are divorced and now cohabiting with another.
9. Children of homosexual "parents."
10. Children of homosexual "parents" whose "parents" take a public role
    in the life of the class.

• The primary purpose of a Catholic school is to provide a quality
  Catholic education for all of its students collectively. This means
  that there would be rational grounds, even in the absence of a mandate
  from the Vatican, for the school to establish policies against anything
  that would substantially interfere with the ability of the school to
  fulfill its primary purpose.
• A quality Catholic education will involve not only imparting
  information to students but also shielding them from certain realities
  of life until they are cognitively and morally prepared to come to terms
  with them. This includes preserving the sexual innocence of young children and
  shielding them from knowledge of same-sex unions.
• Though in no case is the disordered situation of his parents the fault of the child, some of the situations on the spectrum above would clearly seem to
  pose a challenge to the school’s ability to provide a quality Catholic
  education for all its students. Somewhere between item #1 and item #10
  on the spectrum, a line must be drawn.
• Where this line is to be drawn, in the absence of a mandate from the
  Vatican, would seem to be a prudential decision best made by those in
  charge of the school (including the bishop, especially if it is a
  diocesan school) in consultation with the parents whose children will be
  affected by the impact of the decision.
• It would seem that there are several places where the line could
  rationally be drawn:

a) Since items #1-#3 do not involve situations in which parents are
violating Church teaching, they seem to all be permissible situations in which to admit the children to the school.

b) With item #4, an occult sin is introduced but, since it is occult, it
would not seem to pose any impediment to the school being able to
fulfill its mission.

c) With item #5, a rational case could be made if a school wished to
adopt a strict line to protect the children it serves, as the parents’
open dissent could pose an impediment to the school’s ability to
fulfill its mission. However, prudence makes one wonder the extent to
which the children of the school would even be aware of the parents’
dissent. Unless they are unusually obnoxious public activists, their
dissent is more likely to be known to other parents but not to the
children of the school.

d) Lines also could be drawn with even greater basis anywhere among
items #6-#8, as each of these involves a more obviously disordered
situation. However, the question must still be raised of the extent to
which the children of the school–apart from the children of the parents
in question–would be aware of the situation. The condition of the
parents might not be sufficiently known among the student body to
impeding the school in fulfillings its mission. Especially in schools
with young students, parents in these conditions might be perceived by
the children simply as the mommy and daddy of a student and presumed to
be married in accord with Church teaching.

e) A line most emphatically could be drawn before item #9, as the
introduction of a student who has "two mommies" or "two daddies" is
almost certainly to come to the attention of the children and create a
significant impediment to the school fulfilling its mission.

f) A line absolutely must be drawn before item #10. The introduction of
one or both of the homosexual "parents" into the life of the class is certain to fixate the
attention of the students on the situation and dramatically amplify the
impediment to the school’s mission.

Down yonder, a reader asks:

Wouldn’t posing as a child trafficker constitute the sin of lying?

It depends on whether you actually lie. It would be possible to use mental reservations to get through the situation. As another reader suggests:

IMO, this would fall under not lying. His interest is literally to

purchase children. His intent is for that purchase to be an act of

charity. By stating his interest he is not lying.

The Catechism would seem to offer support for this:

CCC 2489

Charity and respect for the truth should dictate the response to every request

for information or communication. The good and safety of others, respect for

privacy, and the common good are sufficient reasons for being silent about what

ought not be known or for making use of a discreet language. The duty to avoid

scandal often commands strict discretion. No one is bound to reveal the truth

to someone who does not have the right to know it.

Rescuing children from sexual slavery would constitute "the good and safety of others" needed to justified "making use of a discreet language"–i.e., mentally reserving the fact that you are really an undercover operative trying to shut down the child slavery ring and otherwise seeking to purchase the children.

Of course, since the individuals at International Justice Mission are Evangelicals, they may well be unacquainted with the idea of mental reservation and may simply lie. I don’t know that they do, but it’s a possibility, especially when they get into situations where they don’t have a mental reservation handy and can’t risk exposure (which would likely imperil their lives). In such circumstances, though, the morality of their act would not only be ameliorated because of the grave fear of exposure and by their Evangelical formation but also because:

CCC 2484 The gravity of a lie is measured against the nature of the truth it deforms,

the circumstances, the intentions of the one who lies, and the harm suffered by

its victims. If a lie in itself only constitutes a venial sin, it becomes

mortal when it does grave injury to the virtues of justice and charity.

Trying to rescue kids from sexual slavery and bust up a ring of sex slave criminals is going to severely mitigate the culpability of the lie, just as in the case of the Hebrew midwives who lied to protect the baby boys in Exodus 1.

(And don’t be distracted by the harm suffered by the sex slave criminals who are then locked-up as a result. That isn’t "harm" in the sense of an unjust injury inflicted on the innocent. It’s getting them at least a fraction of what they deserve and thus not "harm." In the sense intended by this passage, "harm" means something bad that happens to an innocent person, not the avoidance of legitimate punishment.)

Unfortunately, even for one who is aware of the idea of mental reservation, doing this kind of work would put one in the proximate occasion of sin as one would be regularly tempted to lie to avoid exposure. However, given the relative gravity of the lies one would be tempted to tell and the gravity of what will happen to these kids if they are not rescued, it would seem that the assumption of this risk would be warranted for those able to stomach the work.

Down yonder, a reader asks:

Wouldn’t posing as a child trafficker constitute the sin of lying?

It depends on whether you actually lie. It would be possible to use mental reservations to get through the situation. As another reader suggests:

IMO, this would fall under not lying. His interest is literally to
purchase children. His intent is for that purchase to be an act of
charity. By stating his interest he is not lying.

The Catechism would seem to offer support for this:

CCC 2489
Charity and respect for the truth should dictate the response to every request
for information or communication. The good and safety of others, respect for
privacy, and the common good are sufficient reasons for being silent about what
ought not be known or for making use of a discreet language. The duty to avoid
scandal often commands strict discretion. No one is bound to reveal the truth
to someone who does not have the right to know it.

Rescuing children from sexual slavery would constitute "the good and safety of others" needed to justified "making use of a discreet language"–i.e., mentally reserving the fact that you are really an undercover operative trying to shut down the child slavery ring and otherwise seeking to purchase the children.

Of course, since the individuals at International Justice Mission are Evangelicals, they may well be unacquainted with the idea of mental reservation and may simply lie. I don’t know that they do, but it’s a possibility, especially when they get into situations where they don’t have a mental reservation handy and can’t risk exposure (which would likely imperil their lives). In such circumstances, though, the morality of their act would not only be ameliorated because of the grave fear of exposure and by their Evangelical formation but also because:

CCC 2484 The gravity of a lie is measured against the nature of the truth it deforms,
the circumstances, the intentions of the one who lies, and the harm suffered by
its victims. If a lie in itself only constitutes a venial sin, it becomes
mortal when it does grave injury to the virtues of justice and charity.

Trying to rescue kids from sexual slavery and bust up a ring of sex slave criminals is going to severely mitigate the culpability of the lie, just as in the case of the Hebrew midwives who lied to protect the baby boys in Exodus 1.

(And don’t be distracted by the harm suffered by the sex slave criminals who are then locked-up as a result. That isn’t "harm" in the sense of an unjust injury inflicted on the innocent. It’s getting them at least a fraction of what they deserve and thus not "harm." In the sense intended by this passage, "harm" means something bad that happens to an innocent person, not the avoidance of legitimate punishment.)

Unfortunately, even for one who is aware of the idea of mental reservation, doing this kind of work would put one in the proximate occasion of sin as one would be regularly tempted to lie to avoid exposure. However, given the relative gravity of the lies one would be tempted to tell and the gravity of what will happen to these kids if they are not rescued, it would seem that the assumption of this risk would be warranted for those able to stomach the work.