Settled Law or Judicial Fabrication?

Supreme Court nominee Sonia Sotomayor said on Tuesday that she considers the question of abortion rights to be "settled law" and that there is a constitutional right to privacy. See here. Here is where we enter the murky world of judicial fabrication. In its infamous Roe v. Wade decision, the Supreme Court said that, "The Constitution does not explicitly mention any right to privacy...This right of privacy [which the Court said is implied, my note] whether it be founded in the Fourteenth Amendment's concept of personal liberty..or..in the Ninth Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy." (For full text of Roe v. Wade go here). The paragraph cited may be found on page 5.

Now astute readers will note how the Court stated clearly that there is no explicit mention of "any right to privacy." Nevertheless, the Court insisted that there is an implied right to privacy, which they couldn't locate with any certainty - unsure whether it may be found in the Ninth or Fourteenth Amendment - and that this implied and hard-to-locate "right to privacy" was nevertheless "broad enough to encompass a woman's decision whether or not to terminate her pregnancy" - in other words, whether or not to have her child murdered.

If that's what Sonia Sotomayor calls "settled law," God help her. And us.

Related reading here.

Father John Dietzen on ordaining homosexual men to the priesthood

In his latest "Questions and Answers" column, Father John Dietzen answers a question from a reader in New York, "Can the Catholic Church ordain homosexual men to the priesthood? Some fellow parishioners say, What's the difference? If they do their job and remain celibate it's not a matter of contention. Others say it is an issue because the person is not whole, is not reconciled in this important part of his personality, has set God aside in his life and would be a negative example blocking God's grace for others. What is your answer?

Father's response: "First, I need to say that this second description and judgment of homosexuality in men (or women) is questionable, to put it mildly. Surely it does not reflect the attitude of the church, which teaches that homosexuals do not choose their condition and must be accepted with respect, compassion and sensitivity, and without discrimination. (Catechism of the Catholic Church, No. 2358). To declare that homosexual persons have set aside God, are not reconciled in their physical makeup and block God's grace to others is at best a rash judgment and, furthermore, does not fit experience....To answer your question, a Vatican instruction on admission of men with homosexual tendencies to seminaries and holy orders, dated Nov. 29, 2005, prohibits men with 'deep-seated homosexual tendencies' from entering the seminary. The precise meaning of this phrase was not spelled out, apparently leaving it to bishops and seminary authorities to interpret it more specifically. And many have done so...It will require time and experience to learn how the prohibition should work out in practice."

What of this? Let's begin with Father Dietzen's citation of No. 2358 of the Catechism of the Catholic Church. Father Dietzen (and this is an old story*) fails to cite the entire paragraph. Yes, we must accept homosexual persons with "respect, compassion and sensitivity." But we're also told in 2358 that the homosexual inclination is "objectively disordered." And this paragraph does not say that homosexual persons must be accepted "without discrimination." Rather, it states clearly, "Every sign of unjust discrimination in their regard should be avoided." What's the point I'm trying to make? Not all discrimination is unjust. No one has a right to Holy Orders. As I explained back in 2001, in the pages of The Wanderer:

"On October 1, 1986, the Congregation for the Doctrine of the Faith published an instruction entitled, Letter to the Bishops of the Catholic Church on Pastoral Service for Homosexual Persons, signed by Joseph Cardinal Ratzinger and approved by Pope John Paul II. In this Instruction, Cardinal Ratzinger writes, 'It is necessary to point out that the particular inclination of a homosexual person, though not a sin in itself, nevertheless constitutes a more or less strong tendency to an intrinsically evil behavior from the moral standpoint. For this reason, the very inclination should be considered as objectively disordered.' (No. 3).

This would appear to be especially significant since Canon 1040 of the Code of Canon Law states that: 'Persons who are affected by a perpetual impediment, which is called an irregularity, or a simple impediment, are prevented from receiving orders.' Now, irregularities arise either from defect (ex defectu) or from crime (ex delicto). It seems clear to me that a homosexual inclination, which Cardinal Ratzinger has referred to as 'objectively disordered,' constitutes an irregularity ex defectu. In fact, when asked by a Bishop if it is licit to confer priestly ordination to men with manifest homosexual tendencies, the Congregation for Divine Worship and the Sacraments replied with a letter signed by Jorge Cardinal Medina Estevez which stated that, 'Ordination to the diaconate and the priesthood of homosexual men or men with homosexual tendencies is absolutely inadvisable and imprudent and, from the pastoral point of view, very risky. A homosexual person, or one with a homosexual tendency is not, therefore, fit to receive the sacrament of Holy Orders.'"

A person with a homosexual tendency "is not..fit to receive the sacrament of Holy Orders." And yet, Father Dietzen tells us that "It will require time and experience to learn how the prohibition should work out in practice." Is Father Dietzen suggesting that the Congregation for Divine Worship and the Sacraments is wrong? Such would appear to be the case.

Perhaps the Catholic News Service should find another priest to write the "Questions and Answers" column?

* See here for example.

Kathleen Kennedy Townsend: A Straw in the Wind

Kathleen Kennedy Townsend is angry at the Holy Father and the Catholic Church. Why? Because the Holy Father continues to preach truth while confirming his brethren (Luke 22:32) and the Church founded by Jesus Christ does not feel free to change the law of God. Writing for Newsweek just prior to President Obama's meeting with Pope Benedict XVI, Ms. Townsend wrote:


"Tomorrow Pope Benedict XVI and President Barack Obama meet for the first time, an affair much anticipated and in some circles frowned upon by American Catholics in the wake of Obama's controversial Notre Dame commencement speech in May. Conservatives in the church denounced Obama's appearance as a nod by the premier Catholic university to a conciliatory politics that heralds the start of a slippery moral slope.

In truth, though, Obama's pragmatic approach to divisive policy (his notion that we should acknowledge the good faith underlying opposing viewpoints) and his social-justice agenda reflect the views of American Catholic laity much more closely than those vocal bishops and pro-life activists. When Obama meets the pope tomorrow, they'll politely disagree about reproductive freedoms and homosexuality, but Catholics back home won't care, because they know Obama's on their side. In fact, Obama's agenda is closer to their views than even the pope's.

It's fitting that Obama's visit comes just days after the publication of "Charity in Truth," a Vatican encyclical that declares unions, regulation of capitalism's excesses, and environmentalism to be ethical imperatives. The document gives moral credence to Obama's message and to progressive politics writ large.

Even more intriguing is the pope's support for political activism, which he refers to in the encyclical as "the institutional path … of charity, no less excellent and effective than the kind of charity which encounters the neighbor directly." As a member of a family that preached that politics is an honorable profession, I see that he is opening the church to roles that for too long have been neglected. Here Obama (the community organizer from Chicago) could teach the pope a lot about politics—and what a Catholic approach to politics could entail. They agree, too, on poverty and Middle East peace. So far so good on papal-presidential concordance.

But there they part ways. Politics requires the ability to listen to different points of view, to step into others' shoes. Obama might call it empathy. While the pope preaches love, listening to the other has been a particular stumbling block for the Catholic hierarchy (as it is for many in power). The hierarchy ignores women's equality and gays' cry for justice because to heed them would require that it admit error and acknowledge that the self-satisfied edifice constructed around sex and gender has been grievously wrong. Before he became John Paul II, Karol Wojtyla had a telling all-or-nothing formulation: "If it should be decided that contraception is not an evil in itself then we should have to concede frankly that the Holy Spirit is on the side of the Protestant Churches."

That attitude has resulted in some heinous decisions. Most famously, in the lead up to the encyclical "Humanae Vitae" in 1968, an advisory body of theologians and laity empaneled by the pope advised that the church should reverse its position on birth control and concede that the issue should be a question for morality and for science. But authority—not truth, not love—prevailed: Pope Paul VI, listening to the advice of Wojtyla, disagreed with the majority of these advisers, who had voted 69 to 10 for change, fretting that to change this position would weaken his authority.

In the same vein, American bishops in the 1970s struggled to produce a paper that would address the concerns of women. After nine years of effort, they gave up. Why? According to Bishop P. Francis Murphy, bishops see themselves as "teachers, not learners: truth can not emerge through consultation." Pope Benedict, having lived in the safety and security of the Vatican for much of his professional life, is part of this culture that silences dissent. (His last job was as the enforcer of doctrine.) "

And so, because the Church founded by Christ to teach men and to bring them to salvation refuses to justify sinful contraception, homosexuality and lesbianism and will not ordain women - it cannot do so and remain faithful to Christ - Ms. Townsend would accuse Christ's Mystical Body of lacking "empathy."

In his Encyclical Letter Centesimus Annus, No. 46, Pope John Paul II writes, "Nowadays there is a tendency to claim that agnosticism and skeptical relativism are the philosophy and basic attitude which correspond to democratic forms of political life. Those who are convinced that they know the truth and firmly adhere to it are considered unreliable from a democratic point of view, since they do not accept that truth is determined by the majority or that it is subject to variation according to different political trends."

Ms. Townsend cares little (if at all) for truth. And especially religious truth. This is tragic. For as the Catechism of the Catholic Church teaches us authoritatively: "Man tends by nature toward the truth. He is obliged to honor and bear witness to it: 'It is in accordance with their dignity that all men, because they are persons...are both impelled by their nature and bound by a moral obligation to seek the truth, especially religious truth. They are also bound to adhere to the truth once they come to know it and direct their whole lives in accordance with the demands of truth." (2467).

Ms. Townsend, filled with rage because Pope Paul VI upheld the Church's constant and clear teaching regarding contraception in his Encyclical Letter Humanae Vitae and because the current Pontiff also refuses to abandon the law of God, has no sense of history. If she did, she would know that all of the Christian churches held contraception to be gravely sinful prior to the Church of England's Lambeth Conference of 1930.

The Catholic Church doesn't roll dice or draw straws to determine what she believes. The Holy Father is not a politician, even if his office requires great political skill. He doesn't wet his finger to see which way the wind is blowing. The only "wind" he heeds is the wind of the Holy Spirit Who brings truth.

The Church is not, and never will be, a democracy Ms. Townsend. But this shouldn't trouble you for too long. Like the relativistic culture in which you live and move and have your being, your convictions will no doubt change. Like a straw being blown about by the wind, you have no roots. Your morally bankrupt culture has no roots. Which is why it is dying.

Meditation: John 15: 1-10

Is White House coordinating attack on DOMA?

From the OneNewsNow article:

"Attorney Mat Staver is convinced the Obama administration is behind a federal lawsuit filed yesterday in Boston challenging the constitutionality of the federal Defense of Marriage Act."

Staver, who is with Liberty Counsel, says, "That's [Obama's] political preference [that DOMA be overturned]...There's no doubt in my mind, absolutely no question at all, that he and some of those in the Department of Justice are coordinating with individuals - and perhaps even the attorney general in Massachusetts - to literally bring these lawsuits and have a very weak defense so that the courts will ultimately overturn it without having the politicians and the president go on record showing that they are in favor of same-sex marriage."

The Catholic Action League of Massachusetts has issued a statement which may be found here. Behind Obama's radical homosexual agenda is the desire to turn vices into gods. See here.

More on the Worcester Diocesan Commission for Women and the "Gather Us In" Conference

"For this reason, the most eminent and most revered Fathers of the Holy Office exhort all Ordinaries as well as the superiors of Religious institutes, rectors of seminaries and presidents of universities, effectively to protect the minds, particularly of the youth, against the dangers presented by the works of Fr. Teilhard de Chardin and of his followers." (Holy Office, June 30, 1962).


As I mentioned in a previous post, the Worcester Diocesan Commission for Women has had New Age advocate Joyce Rupp as a guest speaker at its "Gather Us In" Conference. One guest speaker at this year's conference is Virginia Blass. Ms. Blass is involved with the Campion Renewal Center in Weston, Massachusetts. A page at the Campion Renewal Center website, which may be found here, states that, "Her major focus was the development of spiritual programs in parishes and eco-theology with the writings of Thomas Berry, CP."

Thomas Berry was a priest of the Passionist order and was considered a leader in the tradition of Teilhard de Chardin. Fr. Berry studied and was influenced by the work of the French Jesuit whose ideas are not compatible with Catholic teaching. See the Wikipedia article for background on both Fr. Berry and Pere Teilhard de Chardin here. The Church's monitum (or warning) regarding the writings of Pere Teilhard de Chardin, S.J., still stands. See here.

The Holy Rosary: A sling for Christians in the spiritual battle

“God has established not just one enmity but ‘enmities’, and not only between Mary and Satan but between her race and his race. That is, God has put enmities, antipathies and hatreds between the true children and servants of the Blessed Virgin and the children and slaves of the devil. They have no love and no sympathy for each other. The children of Belial, the slaves of Satan, the friends of the world, - for they are all one and the same - have always persecuted and will persecute more than ever in the future those who belong to the Blessed Virgin, just as Cain of old persecuted his brother Abel, and Esau his brother Jacob. These are the types of the wicked and of the just. But the humble Mary will always triumph over Satan, the proud one, and so great will be her victory that she will crush his head, the very seat of his pride. She will unmask his serpent's cunning and expose his wicked plots. She will scatter to the winds his devilish plans and to the end of time will keep her faithful servants safe from his cruel claws.

But Mary's power over the evil spirits will especially shine forth in the latter times, when Satan will lie in wait for her heel, that is, for her humble servants and her poor children whom she will rouse to fight against him. In the eyes of the world they will be little and poor and, like the heel, lowly in the eyes of all, down-trodden and crushed as is the heel by the other parts of the body. But in compensation for this they will be rich in God's graces, which will be abundantly bestowed on them by Mary. They will be great and exalted before God in holiness. They will be superior to all creatures by their great zeal and so strongly will they be supported by divine assistance that, in union with Mary, they will crush the head of Satan with their heel, that is, their humility, and bring victory to Jesus Christ.” (Treatise On True Devotion To The Blessed Virgin, 54).

I have always viewed the sling which David used to slay Goliath as a harbinger, a sort of figure or sign pointing to the Holy Rosary which would be given to the faithful by Our Lady and by which they would “crush the head of Satan” – “the very seat of his pride” as Montfort puts it. We read in 1 Samuel 17:

“With his shield-bearer marching before him, the Philistine also advanced closer and closer to David. When he had sized David up, and seen that he was youthful and ruddy, and handsome in appearance, he held him in contempt. The Philistine said to David, ‘Am I a dog that you come against me with a staff?’ Then the Philistine cursed David by his gods and said to him, ‘Come here to me, and I will leave your flesh for the birds of the air and the beasts of the field.’ David answered him: ‘You come against me with sword and spear and scimitar, but I come against you in the name of the Lord of hosts, the God of the armies of Israel that you have insulted. Today the Lord shall deliver you into my hand; I will strike you down and cut off your head. This very day I will leave your corpse and the corpses of the Philistine army for the birds of the air and the beasts of the field; thus the whole land shall learn that Israel has a God. All this multitude, too, shall learn that it is not by sword or spear that the Lord saves. For the battle is the Lord’s, and he shall deliver you into our hands’…David put his hand into the bag and took out a stone, hurled it with the sling, and struck the Philistine on the forehead. The stone embedded itself in his brow, and he fell prostrate on the ground. Thus David overcame the Philistine with sling and stone..” (1 Samuel 17: 41-47, 49-50).

The Devil is the adversary of faithful Christians. And, like Goliath, he seems to cast a big shadow. But when we approach him on the battlefield [“For our struggle is not with flesh and blood but with the principalities, with the powers, with the world rulers of this present darkness, with the evil spirits in the heavens,” Eph 6:12] we have our own sling as a weapon – the Holy Rosary. And every bead, every Hail Mary prayerfully recited, is hurled as a weapon against the Devil’s head, the seat of his pride. Therefore, Montfort exhorts us, “So arm yourself with the arms of God, with the holy Rosary, and you will crush the devil’s head and stand firm in the face of all his temptations. That is why even a pair of rosary beads is so terrible to the devil, and why the saints have used them to fetter him and drive him from the bodies of those who were possessed.” (The Secret of the Holy Rosary, 85).

Related reading here.

First Traditional Latin Mass at Immaculate Conception in Fitchburg, Massachusetts

Some background on the first Traditional Latin Mass at Immaculate Conception parish in Fitchburg, Massachusetts courtesy of Todd and Diana Tabbaa:

The first weekly Mass in the Extraordinary Form (Traditional Latin Mass) at Immaculate Conception Church in Fitchburg was held on Sunday, June 28^th. The Missa Cantata was very well attended by people of all ages. The superb acoustics in the large Romanesque Church accentuated the Latin prayers intoned by the celebrant, Reverend Father David Phillipson, as well as the traditional Gregorian chants and motets sung by the choir directed by Sam Schmitt, an organist, singer, conductor and composer who holds a Doctorate in musicology and other graduate degrees in liturgical music and music history. The seven altar boys in attendance added much to the reverent and transcendent atmosphere of the Solemn Liturgy: the incense from the thurible, the candlelight from the torches carried by the boys, and the sound of the bells rung at key points.

The following impressions from one of the attendees are typical of the responses expressed:

"I think it's fair to call this the beginning of the restoration of the immemorial Holy Mass codified by St. Pius V to the church of the Immaculate Conception. I'm glad to say that our (my family's) hopes were high, but we were entirely unprepared for the palpably sacred ambience that persisted in the church throughout the sacred liturgy and which accompanied us right out the door and into the church hall (where I spent most of my time talking about the Mass, I think). It brought back a flood of memories of the best days I'd seen when I was a boy and the blessed years we had the privilege of going to Mass at Holy Trinity in Boston (where our two girls were baptized). I had the distinct impression that Father, the altar servers, and the choir were actually praying (not acting out roles) as they solemnly carried out their offices with unaffected reverence. I trust that everyone could plainly see how beautiful the church is with its French blue and gold, especially in the magnificent statue of Our Lady, and the organ filling every corner, at times with sounds of reflection, at others with those of majesty; but even now when I recall the ensemble of those impressions, I'm overwhelmed. I think one cannot really overestimate the beguiling power of the truly sacred."

"My family thanks you and all those who worked so long, so hard, and with such loving devotion to bring the truly extraordinary Holy Mass back to Immaculate Conception Church. May Our Lord and His holy Mother and ours bless you abundantly with their most excellent graces here on Earth and forever in Heaven. With gratitude in Jesus and Mary,

John and Connie Mick and family."

All are invited to experience worship in this Extraordinary Form of the Latin Rite which will be offered every Sunday at 8AM as a Sung High Mass when possible (or else as a Low Mass). The Sacrament of Confession takes place before the Mass from 7:15 to 7:50AM, and the Rosary is recited at 7:30AM. For more information, visit the website which is under construction at www.immaculateconceptionfitchburg.com.

Father David Phillipson was trained to offer the Ancient Roman Rite by the Fraternity of St. Peter and has worked in traditional parishes for several years. Father will also hold spiritual conferences and traditional devotions, and administer the Sacraments according to the Extraordinary Form. “Together with the Latin Mass Community, I wish to thank Bishop McManus and Father Thien for making available the celebration of Mass in the Ancient Rite in this beautiful Church. I look forward to serving the community and invite all to attend and experience Mass in the Ancient Usage. I am happy to help anyone to learn to follow the missal or to answer any questions they may have. Any priests who would like assistance in learning this rite are welcome to contact me: frdavidphil4@gmail.com.

Contributions to help with the start up costs for this endeavor are very welcome and may be sent to the Church at 59 Walnut Street in Fitchburg 01420. Please make your tax deductible donation to Immaculate Conception Church EF (EF designating the Extraordinary Form of the Roman Rite).

Paul M.