Doug Kmiec: Embryonic stem cells at the foot of the cross
To avoid cooperating with an intrinsic evil, this trembling hand is not to take hold of any medicine or participate in any medical treatment advanced by research involving the destruction of a human embryo.
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MALIBU, California (Catholic Online) - Like millions of Americans, I suffer from Parkinson's disease. On some days it's worse than others. Sometimes, like now, my fingers refuse to press the keys -- at least the ones I need. On other days, colleagues or my students see me stumble and think me early into the pints, but thankfully, available medication still largely controls my bodily movements. Over time, however, all Parkinson's patients know that after a short span the medication fails and we also know what that means. We have uncomfortably witnessed our future in the lives of longer suffering brothers and sisters met in neurology waiting rooms. So you would think that when President Obama, for whom it was my privilege to campaign, gives permission for embryonic stem cell research that some say holds a Parkinson's cure that I would be grateful and encouraged.
Yet, I am not. While I believe the President’s desire to separate science and politics is well considered, there can be no separation from ethics, even as that immediately begs the question: whose ethics?
The President’s announcement was not without some ethical limit. Following almost verbatim the recommendation of the National Academies of Science (NAS), Obama articulated that his policy would “never open the door to the use of cloning for human reproduction.” At the same time, the President indicated that stem cells derived from what scientists call somatic cell nuclear transfer (SCNT), which some respected Catholic ethicists view as the exact equivalent of cloning, will now be eligible for federal funding in order to assist in ascertaining a cure for Parkinson's and other serious ailments, like cancer, heart disease, and spinal cord injury.
Again, the distinction the President drew between cloning for reproduction and cloning for medical research is one that had been recommended to the government over seven years ago by the NAS. However, in the Catholic tradition which sees the objective truth of the human person beginning with the formation of the pre-implantation human embryo that is a distinction without an ethical difference. As Cardinal Rigali succinctly observed: “vulnerable human beings cannot be treated as mere products to be harvested."
There is the rub: the NAS, the President, a host of other religious traditions, understand life and personhood to be associated with a later point. For these Americans, there is no ethical dilemma to be confronted. The great promise of embryonic stem cell research to our brothers and sisters who differ from us on when life begins seems wholly motivated by love of neighbor and, as the President said, “the care of human suffering.” This is especially so to the extent that the President's new policy does not contemplate creating new embryos for the sole purpose of scientific research but putting to use so-called “surplus” embryos created by couples pursuing in vitro fertilization (IVF). However, the Church has recently re-stated its categorical prohibition of IVF, too, so even utilizing that which would otherwise be discarded by the larger society, for Catholics only multiplies the ethical offense and increases the Catholic burden in public debate.
What can be done now? Our faith enjoins upon us the effort to protect life even incrementally, if we are unable to do so fully. The President’s stem cell announcement indicates that administrative regulation is now to be drafted to guide the research. It is incumbent upon the leadership of the church and Catholics in the medical and scientific professions to participate in that process. At a minimum, one would think it would be possible for there to be a preference given for the use of adult stem cells which goes none of the ethical problems associated with the destruction of an embryo.
Of course, in terms of our own moral integrity that is likely not enough. To avoid cooperating with an intrinsic evil, this trembling hand is not to take hold of any medicine or participate in any medical treatment advanced by research involving the destruction of a human embryo. Easier said than done – or by me, even written down. But then, in this Easter time we are reminded that we belong to a Church where the very son of God allowed himself to be put to death so that others might live.
****
Douglas W. Kmiec is the Caruso Family Chair & Professor of Constitutional Law at Pepperdine University School of Law and the author of “Can a Catholic Support Him? Asking the Big Question About Barack Obama” (Overlook/Penguin 2008)
Yet, I am not. While I believe the President’s desire to separate science and politics is well considered, there can be no separation from ethics, even as that immediately begs the question: whose ethics?
The President’s announcement was not without some ethical limit. Following almost verbatim the recommendation of the National Academies of Science (NAS), Obama articulated that his policy would “never open the door to the use of cloning for human reproduction.” At the same time, the President indicated that stem cells derived from what scientists call somatic cell nuclear transfer (SCNT), which some respected Catholic ethicists view as the exact equivalent of cloning, will now be eligible for federal funding in order to assist in ascertaining a cure for Parkinson's and other serious ailments, like cancer, heart disease, and spinal cord injury.
Again, the distinction the President drew between cloning for reproduction and cloning for medical research is one that had been recommended to the government over seven years ago by the NAS. However, in the Catholic tradition which sees the objective truth of the human person beginning with the formation of the pre-implantation human embryo that is a distinction without an ethical difference. As Cardinal Rigali succinctly observed: “vulnerable human beings cannot be treated as mere products to be harvested."
There is the rub: the NAS, the President, a host of other religious traditions, understand life and personhood to be associated with a later point. For these Americans, there is no ethical dilemma to be confronted. The great promise of embryonic stem cell research to our brothers and sisters who differ from us on when life begins seems wholly motivated by love of neighbor and, as the President said, “the care of human suffering.” This is especially so to the extent that the President's new policy does not contemplate creating new embryos for the sole purpose of scientific research but putting to use so-called “surplus” embryos created by couples pursuing in vitro fertilization (IVF). However, the Church has recently re-stated its categorical prohibition of IVF, too, so even utilizing that which would otherwise be discarded by the larger society, for Catholics only multiplies the ethical offense and increases the Catholic burden in public debate.
What can be done now? Our faith enjoins upon us the effort to protect life even incrementally, if we are unable to do so fully. The President’s stem cell announcement indicates that administrative regulation is now to be drafted to guide the research. It is incumbent upon the leadership of the church and Catholics in the medical and scientific professions to participate in that process. At a minimum, one would think it would be possible for there to be a preference given for the use of adult stem cells which goes none of the ethical problems associated with the destruction of an embryo.
Of course, in terms of our own moral integrity that is likely not enough. To avoid cooperating with an intrinsic evil, this trembling hand is not to take hold of any medicine or participate in any medical treatment advanced by research involving the destruction of a human embryo. Easier said than done – or by me, even written down. But then, in this Easter time we are reminded that we belong to a Church where the very son of God allowed himself to be put to death so that others might live.
****
Douglas W. Kmiec is the Caruso Family Chair & Professor of Constitutional Law at Pepperdine University School of Law and the author of “Can a Catholic Support Him? Asking the Big Question About Barack Obama” (Overlook/Penguin 2008)
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Pope Benedict XVI's Prayer Intentions for January 2013
General Intention: The Faith of Christians. That in this Year of Faith Christians may deepen their knowledge of the mystery of Christ and witness joyfully to the gift of faith in him.
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From the first moment of his existence, a human being must be recognized as having the rights of a person—among which is the inviolable right of every innocent being to life.
CCC #2270
From his/her biological beginnings, the embryo has the rights of a person. Let's recognize it!
Using the analogy that Christ allowed himself to be put to death so that others might live compared with the killing of a human embryo so that science might possibly cure Parkinson's disease is sacrilegious. In fact, the latter was the reason for the former.
Mr. Kmiec,
Before signing the bill Pres. Obama stated 'this will wipe away 'stale ideology'..an obvious reference to the Catholic Church and ethical Christians worldwide. IMO, you have been fooled and are blinded to what this administration is really up to...eliminating moral and ethical conscience.
Kmiec, you have...fallen...away. I'm sorry about your disease, but you have done a great disservice to the Church and the pro-life movement. You can continue to call yourself "Catholic", but at some point along the journey, you've ceased being one.
Mr. Kmiec, I know you are a very intelligent, learned, and thoughtful man. Why do you go out of your way to mislead us by saying that President Obama "gives permission for embryonic stem cell research"? There was never a prohibition on this. Surely you are aware of this fact.
The issue is, and always has been, taxpayer funding of this research. Can you not be honest about President Obama even now? Are you so beholden to your political beliefs that you cannot accurately describe the issues, but rather wrap the argument in emotion?
I'm sure everyone has compassion for your disease. But can we not at least have an honest debate about the issues without all the emotional keywords.
Obama is a member of the culture of death in all matters as was seen when he campaigned.
Hitler considered The Jews non persons and Obama considers babies non persons. Any society that kills its citizens is DOOMED.
Do any of you know what it's like to suffer from Parkinson's Disease? I haven't read much compassion expressed in these comments.
My wife's grandfather died of Parkinson's Disease nearly two years ago, after it slowly eroded his body, bit by bit, for 15 years. It is truly a horrible disease.
Let us pray that God will grant Mr. Kmiec strength to deal with his affliction.
Augustine said "An error in the beginning is an error indeed". Abortion and embryonic stem cell research are both errors in the beginning, and once made as policy or law, supporters need to forever rationalize their arguments to accomodate the error in the beginning. Kmiec's arguments supporting Obama on abortion, and against Obama on embryonic stem cells, magnify how incongruent Kmiec's own catechism truly is. He is a true relativistic moralist.
Unfortunately Dough's analysis fell straight into the media marching order. Right to Life's Josh Brahm has pointed out this problem in his article: "9 Things the Media Messuped About the Obama Stem Cell Story". Please click on this link to see the recap.
http://newsbusters.org/blogs/tom-blumer/2009/03/16/last-word-obama-stem-cell-eo-9-things-media-messed
Dear Gunnar
This is the only article (of many received) which I have posted of your former Law Professor in a long time. I did it for two main reasons:
1) It fit my effort in the main opinion piece.....to make the point that we should try to win back errant Catholics and other Christians on the fundamental human rights issue of our age, the Right to Life.
2) To elicit the kind of response you wrote.
Why, instead of "leaving this site" don't you turn your response into an article. I would gladly publish it as I have published everything you have written.
If we do not engage the arguments of people like Doug Kmiec we may soon be singing only to the choir.
Deacon Keith Fournier