It is clearer every day that the politico-legal furor over the sad case of Terri Schiavo has already drifted over the line from a question of law and fact, to one of religiously determined definitions of life and death, and of homicide and suicide.Initially, the case being made by congressional Republicans, the White House, and many supporters of the Schindler family was that the Schindlers simply needed a new judicial review of the case in a sympathetic court–i.e., a court not bound by seven years of Florida rulings. And the subsidiary arguments had to do with matters of fact: Was Michael Schiavo correct in saying his wife had made clear her opposition to living on in anything like her current condition? And did the medical officials in Florida who repeatedly diagnosed Terri Schiavo as being in a “persistant vegetative state” somehow get it fundamentally wrong?But as the legal case for the Schindlers fades with each adverse judicial ruling, and absent any real evidence of medical error (unless you believe the diagnosis made by Bill Frist, M.D. from a videotape of Terri Schiavo has any real standing), what remains is essentially a religious case. And that case has merged with the extra-constitutional claims of the more militant elements of the Right to Life movement, which have become conspicuously involved with the Schindlers.In the hearing before U.S. District Court Judge Whittemore that was forced by Congress, the Schindlers’ attorney relied heavily on the argument that Terri Schindler could not have conscienctiously given consent to the withdrawal of her feeding tube because it was contrary to Catholic teaching; indeed, it would have put her immmortal soul in peril of damnation, he suggested! In other words, since the act itself is abhorrent, she couldn’t consent to “suicide” any more than she could give her husband the right to “murder” her.This line of reasoning, of course, was fully anticipated by the prime enabler of the current crisis, Tom DeLay, who has consistently referred to the course of action dictated by Florida law and pursued in many thousands of cases around the country as “murder,” “barbarism,” and “medical terrorism.”So for the Schindlers’ backers, including Tom DeLay, the object here is not about law or fact, or for that matter, about Terri Schiavo–it’s about finding some way to fundamentally change the laws of Florida and the United States to accord with a particular religious view of the ethics of the end of life.Best I can tell, the Catholic teaching that withdrawal of nutrition from a brain-dead person represents “euthanasia” is relatively new, laid out in 1995 in the papal encyclical “Evangelium Vitae.”As explained by Father Thomas Williams, dean of theology at the Regina Apostolorum Pontifical University in Rome, the encyclical draws a very sharp distinction between “an action or omission which of itself and by intention causes death, with the purpose of eliminating all suffering,” which is murder, and the “decision to forgo so-called ‘aggressive medical treatment,’ in other words, medical procedures which no longer correspond to the real situation of the patient, either because they are by now disproportionate to any expected results or because they impose an excessive burden on the patient and his family.” The latter decision is morally fine, even upright. “That distinction is subtle but extremely important from a moral perspective,” said Fr. Williams.I think we would all agree the distinction is subtle, much like the Vatican’s long-standing distinction between “natural” and “artificial” contraception, or its distinction between “contraception” and “abortion” with respect to birth control methods that interfere with the implantation of a fertilized egg in the uterine wall. American Catholics have largely ignored these “subtle” but “extremely important” distinctions in the area of reproductive ethics, and if the public opinion surveys about the Schiavo case are any indication, they will probably ignore this one as well. Which is why, in the end, the Schindlers and their crusade is ultimately becoming just another battle in the right-to-life movement’s long war to force a redefinition of life and the legal protections afforded it from the moment of conception to biological death.We all need to understand this this is what the case is really about, and (a) ignore the legal and factual arguments being thrown out as tactical maneuvers by the anti-abortion activists and Republican politicians pursuing this issue, because they don’t mean them for a moment, and (b) recognize that for most of the protestors marching in support of the Schindlers, the photos of poor Terri Schiavo (may she someday rest in peace) they wave are just this week’s version of the fetus posters they brandish every day of the year.ADDENDUM: Before anyone emails me to accuse me of anti-Catholicism or something, I want it on record that I am about as philo-Catholic as any Protestant you will ever meet. And I completely respect (but do not share) the views of right-to-lifers, especially those, including most recently the National Conference of Catholic Bishops, who make a point of opposing capital punishment on the same grounds, and express greater concern than today’s Republicans for the health and prosperity of the sick and the poor. My plea in this post is simply for honesty, especially among those politicians who want to exploit the Schiavo case without embracing the logic of where it is inevitably leading.
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By Ed Kilgore
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December 6: When the Religious Views of Trump Nominees Are and Aren’t Fair Game
With Senate confirmation hearings of Trump’s motley crew of Cabinet-level nominees, one issue Democrats will need to confront right away is when and whether the appointees’ often-exotic religious views are an appropriate subject for discussion. I offered some simple guidelines at New York:
Amid all the hotly disputed allegations that he has a history of excessive drinking and inappropriate (or even abusive) behavior toward women, Donald Trump’s defense-secretary nominee, Pete Hegseth, has another potential problem that’s just now coming into view: His religious beliefs are a tad scary.
Early reports on Hegseth’s belligerent brand of Christianity focused on a tattoo he acquired that sported a Latin slogan associated with the medieval Crusaders (which led to him being flagged as a potential security problem by the National Guard, in which he served with distinction for over a decade). But as the New York Times reports, the tattoo is the tip of an iceberg that appears to descend into the depths of Christian nationalism:
“’Voting is a weapon, but it’s not enough,’ [Hegseth] wrote in a book, American Crusade, published in May 2020. ‘We don’t want to fight, but, like our fellow Christians one thousand years ago, we must …’
“In his book, Mr. Hegseth also offered a nod to the prospect of future violence: ‘Our American Crusade is not about literal swords, and our fight is not with guns. Yet.’”
His words aside, Hegseth has chosen to associate himself closely with Doug Wilson, an Idaho-based Christian-nationalist minister with a growing educational mission, notes the Times:
“[After moving to Tennessee two years ago] the Hegseth family joined Pilgrim Hill Reformed Fellowship, a small church opened in 2021 as part of the growing Communion of Reformed Evangelical Churches. The denomination was co-founded by Doug Wilson, a pastor based in Moscow, Idaho; his religious empire now includes a college, a classical school network, a publishing house, a podcast network, and multiple churches, among other entities …
“In his writings, Mr. Wilson has argued that slavery ‘produced in the South a genuine affection between the races,’ that homosexuality should be a crime, and that the 19th Amendment guaranteeing women the right to vote was a mistake. He has written that women should not ordinarily hold political office because ‘the Bible does say that when feminine leadership is common, it should be reckoned not as a blessing but as a curse …’
“Mr. Hegseth told [a] Christian magazine in Nashville that he was studying a book by Mr. Wilson; on a podcast Mr. Hegseth said that he would not send his children to Harvard but would send them to Mr. Wilson’s college in Idaho.”
All this Christian-nationalist smoke leads to the fiery question of whether Hegseth’s religious views are fair game for potential confirmation hearings. Would exploration of his connections with a wildly reactionary religious figure like Doug Wilson constitute the sort of “religious test … as a qualification to any office or public trust” that is explicitly banned by Article VI of the U.S. Constitution? It’s a good and important question that could come up with respect to other Trump nominees, given the MAGA movement’s cozy relationship with theocratic tendencies in both conservative-evangelical and traditionalist-Catholic communities.
Actually, the question of the boundary between a “religious test” and maintenance of church-state separation came up conspicuously during the first year of Trump’s earlier presidency in confirmation hearings for the then-obscure Russell Vought, whom Trump nominated to serve as deputy director of the Office of Management and Budget (he later became director of OMB, the position to which Trump has again nominated him for the second term). Bernie Sanders seized upon a Vought comment defending his alma mater, Wheaton College, for sanctions against a professor who said that Christians and Muslims “worship the same God.” Sanders suggested that showed Vought was an Islamophobic bigot, while Vought and his defenders (included yours truly) argued that the man’s opinion of the credentials of Muslims for eternal life had nothing to do with his duties as a prospective public servant.
This does not, to be clear, mean that religious expressions when they actually do have a bearing on secular governance should be off-limits in confirmation hearings or Senate votes. If, for example, it becomes clear that Hegseth believes his Christian faith means echoing his mentor Doug Wilson’s hostility to women serving in leadership positions anywhere or anytime, that’s a real problem and raising it does not represent a “religious test.” If this misogyny was limited to restrictions on women serving in positions of religious leadership, that would be another matter entirely.
More generally, if nominees for high executive office follow their faith in adjudging homosexuality or abortion as wicked, it’s only germane to their fitness for government offices if they insist upon imposing those views as a matter of public policy. Yes, there is a conservative point of view that considers any limitation on faith-based political activism in any arena as a violation of First Amendment religious-liberty rights. But those who think this way also tend to disregard the very idea of church-state separation as a First Amendment guarantee.
Critics of Christian nationalism in the Trump administration need to keep essential distinctions straight and avoid exploring the religious views of nominees if they are truly private articles of faith directed to matters of the spirit, not secular laws. It’s likely there will be plenty of examples of theocratic excesses among Trump nominees as Senate confirmation hearings unfold. But where potential holders of high offices respect the lines between church and state, their self-restraint commands respect as well.