OPINION: Taking on Doug Kmiec, Anew

By Deacon Keith Fournier
10/2/2008
Catholic Online (www.catholic.org)

Doug Kmiec has written a book which misstates the process of how one should make a moral analysis as a faithful Catholic. He needs to be engaged with more than shouting.

Doug Kmiec's Book seeks to persuade other Catholics to endorse the candidacy of Senator Barack Obama by purporting to set forth a questionable moral defense of his own endorsement.

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CHESAPEAKE, Va. (Catholic Online) - I just finished a radio program on 89.3, KPCC-FM, a National Public Radio Station. The program was entitled �Air Talk� and hosted by Larry Mantle. I was invited to discuss Doug Kmiec�s Book entitled �Can a Catholic Support Him�. Doug argues that a Catholic can and should support Obama�s candidacy. It was Doug who suggested to the producer that I appear with him.

The program began with the host dramatically bringing up Doug having once been denied communion after speaking to a group of Catholic Businessmen. Even Doug acknowledges that the priest apologized in his book. The issue is a shibboleth, intended to stir emotion. My reading of Canon 915 has led me to the conclusion taken by canonists like Edward Peters and others that the young priest acted rashly. However, I also agree with those Bishops who have rightly taken on prominent Catholic politicians who �persevere in manifest, grave sin� (Canon 915), such as publicly rejecting the infallible teaching of the Church concerning the fundamental right to life, promoting anti-life laws and causing scandal among the faithful. I am also grateful for the strong positions taken by an ever increasing number of Bishops who have called people like Senator Joe Biden and Speaker Nancy Pelosi to task recently for misrepresenting the unbroken and clear teaching of the Catholic Church that every procured abortion is intrinsically evil and that life begins at conception.

However, Doug does not fall into those categories. He has made what I believe is a truly incorrect moral analysis. It has all now been compounded by his having written a book which misstates the process of how one makes a moral analysis as a faithful Catholic.He seeks to lead Catholics to follow his own path.He needs to be engaged with more than shouting.My articles on Catholic Online have addressed my disagreements with Doug on many of the issues he raises. In this article I simply want to shed some light on the tactical approach now being taken by Doug in his public appearances so that we can expose and oppose them before it is too late. I truly hope that by taking a strong and public opposition to Doug in this manner I can also help him to see that he is erring in some of what he is saying and confusing many people in the process.

In this interview, Doug had hoped to discuss his position that overruling Roe v Wade will not end abortion. It goes like this: Senator John McCain is not really Pro-Life, he is Pro-Federalist. In promising to appoint Justices who will overturn Roe as bad law, he has simply ensured that the issue will return to the States. Well, I have addressed that argument before. Senator McCain�s responses on when life begins at the Saddleback Forum and his record on defending life demonstrated that this is really an issue of application over position. I personally support a Constitutional Amendment which recognizes the truth that life begins at conception and is a fundamental human right which applies to our smallest neighbors. However, I told Doug that I will welcome the overturning of Roe as a step in at least slowing the bloodshed and pointed out that his candidate Senator Obama has made it clear that he supports that horrid decision and wants to secure it.

Senator Obama has pledged that as one of his first acts upon assuming office he will sign FOCA (The Freedom of Choice Act)into Law. How can anybody with a straight face claim that he believes that abortion concerns a �moral issue� and then promise to expand it like this horrid Legislation would do? Senator McCain has absolutely opposed FOCA. This is where I discovered a key to clearing away the smoke of Doug Kmiec�s �Federalism v Pro-life� argument.This fact concerning Obama's support of FOCA cannot be refuted.FOCA is lethal for our first neighbors and will actually increase abortions! It will not only have the effect of codifying Roe but will do much more.

Since the Webster and Casey opinions, the Supreme Court has upheld State limitations on abortion, such as requiring parental involvement, informed consent and prohibiting government funding of most abortion. The Court also recently outlawed most so called �partial birth abortions�. FOCA would undo all of this, essentially nullifying any limitations on abortion on demand through all nine months.

Doug was aware of the implications of the Act and seemed befuddled when I raised it. After all, he is endorsing a candidate who promises to sign it if elected. I then quoted a portion of the well written letter from Cardinal Rigali delivered to Congress this week where his Eminence addressed this kind of contradictory approach writing: ��there is one thing absolutely everyone should be able to agree on: We can�t reduce abortions by promoting abortion�. No one who sponsors or supports legislation like FOCA can credibly claim to be part of a good-faith discussion on how to reduce ...

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1 - 10 of 15 Comments

CatholicFirst
4 years ago
J: Went to votethecommongood.com. A very nice clip. I have no problems with it. I also see nothing there to make me vote for Obama. Obama represents a vicious direct attack on children. We can talk about what will work best against poverty or what would be a good health plan or even if a war is unjust or not (I believe Iraq was unjust but think we need to leave it in a stable condition now).
Holly
4 years ago
Just in case anyone is reading this I was over at Philly.com reading an article where school children from our Catholics schools are supporting the Philly Police.
Anyway what pops up but an ad by NARAL AND PLANNED PARENTHOOD. Well I know the Rhetoric regarding both parties on Pro-life/Pro-choice but this is I think important. THEY SOUND ACTUALLY AFRAID OF SARAH PALIN AND JOHN MCCAIN. GET THIS OUT IF YOU CAN TO ANYONE IN THE PRO-LIFE MOVEMENT. MAYBE IT WILL HELP.
ANYWAY GOD BLESS AND KEEP ALL OF US AND MAY HE GIVE US A VICTORY FOR PRO-LIFE. LOVE IN CHRIST FELLOW CHILDREN OF GOD.
bill donohue
4 years ago
This is getting embarrassing. Keith moped the floor with Doug.
J
4 years ago
Life begins at the moment of conception except in the case of rape,incest and risk to mother's life. McCain needs to be totally for life or not at all! McCain voted against expanding health services and education to reduce abortions. McCain supports the death penalty. where is the life in this? See votethecommongood.com. McCain is for an unjust war that both the late great JPII and Benedict are against. Again I ask where is the life in this man? Please see the website that Catholics put together, then be honest to yourselves.
Alice Baker
4 years ago
Kmiec's recent actions in support of pro-abort Obama are disgraceful!
Sara Palen
4 years ago
For the killing of a lunatic an idiot or even a child unborn is murder as much as the killing a philosopher, and has not the slave as much reason as a lunatic, an idiot, or an unborn child?- 1827- Mississippi court case

Like Harriet Beecher Stowe said of this quote, I ask Mr Kmiec, what kind of society do we live in that even makes this argument necessary?

This argument is necessary because we ignore the lessons of the past and allow a sophistical argument to cloud our judgement of right and wrong on the simplest of human connections. One does not even need to be Catholic to understand this basic principle. I pray that a bright beam of light will be shed on the most blatant promoter of the culture of death. Instead of clinging to the law of nature and of nature's God he chooses to follow the decision of a bitter, super duper God-like human tribunal who "invented" a most unjust and abhorrent right in the eyes of God.

Abortion is now supposedly sanctioned by our constitution. Is there any other positive law guaranteed by our constitution as unjust as this?
Bill Sr.
4 years ago
It doesn't matter how many streached thin social reasons Doug Kmiec attempts to use to justify considering Barack Obama as a viable presidential candidate it can never trump the clear cut rock hard faith based values which the church has held and taught as part of our foundational perspective of soceity. All of which are in direct opposition to the position and agenda of Obama.
Some of which are:
l. Life begins at conception.
2. Marriage is one man and one woman.
3.Infanticide is murder.
4.Prayer in school is NOT unconstitutional.
5.School choice without
financial penalty is justified.
6.Embryonic stem cell research is
not justified.
And I'll add one more of my own selection.
Christ said that we are either for him or against him and that if in our decisions to follow him we are neither hot nor cold he would rather spit us out. In other words that we can not choose simply to be "present". Otherwise he will not be present in our eternity. Mr. Kmiec, Can you not understand this?
Wes Lisitza
4 years ago
It's interesting that Barack Obama has recruited "Nuns" to contact Catholic voters in the interest of acquiring votes for him. Even more so interesting that Democratic campaign offices are using Pro-Choice Catholics to try to persuade undecided Catholic voters to their side. It's rather reminiscent of the Reformation.

I, for one, am glad that our clergy are speaking out more and more. Vatican II called for the Church to have more of a dialogue with the rest of the world, and I feel that Deacon Fournier, along with our Catholic Bishops, are taking Pope Benedict XVI's example and making excellent strides in leadership regarding the Pro-Life movement.

To my fellow Pro-Lifers, please remember that the Vigil for Pro-Life is still ongoing, even past the 40 days that began on September 24th. Prayer and the rosary are among our strongest assets, but it all may go unnoticed in the public eye if we do not rally before Planned Parenthood facilities to pray for the unborn and not write to our representatives in Congress on how we stand. Now is the time for the Catholic Church to speak with a loud voice against the moral injustices that we are quickly becoming to feel as captive witnesses to. Pray that our voice is united in this step, for it need not only be "the blood of" our "brother crying out from the soil" to this "moral issue", and inform those who are still faithful to the Catholic Teaching on this issue. Educate those who have been misguided, for there are many. Let us put our petition to the Lord in unison with our unborn Christians so that God's Will can be seen through.

God Bless you.
elm
4 years ago
PerryJ
�What will my friends tell Christ when the approach the pearly gates and he asks them why they supported the murder of tens of millions of children?�

The following is a very good indication of what will happen at our particular judgment, written by a man who is a saint in my eyes

When the Time Comes

"When the time comes as it surely will, when we face that awesome moment, the final judgment, I've often thought, as Fulton Sheen wrote, that it is a terrible moment of loneliness. You have no advocates, you are there alone standing before God and a terror will rip through your soul like nothing you can imagine. But I really think that those in the pro-life movement will not be alone. I think there will be a chorus of voices that have never been heard in this world but are heard beautifully and clearly in the next world and they will plead for everyone who has been in this movement. They will say to God, "Spare him because he loved us," and God will look at you and say not, "Did you succeed?" but "Did you try?"' �Senator Henry Hyde

In working to save the unborn, let's not worry about what will happen to us if we act; let's worry about what will happen to the unborn if we don't.
PerryJ
4 years ago
I have many Catholic friends that use this analysis to make excuses to vote for Mr. Obama. I am sickened that Catholics are ignoring abortion in this election. This may be our one chance to overturn Roe Vs Wade. If we do not overturn Roe Vs Wade and FOCA is made law we will see tens of millions of children murdered over the next several decades. What has our country become? What will my friends tell Christ when the approach the pearly gates and he asks them why they supported the murder of tens of millions of children?

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