Showing posts with label Ateneo Faculty RH Bill. Show all posts
Showing posts with label Ateneo Faculty RH Bill. Show all posts

Thursday, September 13, 2012

Ateneo Faculty on Conscience and Faith



Statement of Catholic Theology Teachers on Conscience and Faith
August 28, 2012
The Feast Day of St. Augustine, patron saint of theologians


We, the undersigned, speak only on our own behalf as Catholic theology teachers, and speak in no capacity either for Ateneo de Manila University or for its Theology Department, or for any other members of the Ateneo community.

Conscience allows God’s voice, not one’s own voice, to echo in one’s depths (cf. GS 16; CCC 1776). It subjectively applies transcendent moral norms. This subjectivity means that we apply the transcendent moral law within the given situation whose details, motivations, and ends we must discern truthfully and to the best of our ability (cf. CCC1780). Thus conscience involves the apprehension of transcendent truth, and is never simplya matter of one point of view versus another. For the well-formed Catholic, these transcendent moral truths are transmitted in the Tradition of the Church and are taught by its Magisterium (cf. CCC 2032-2036). Thus a good conscience is truthful and seeks the right, and a well-formed Catholic conscience seeks guidance for doing right in the authoritative teachings of the Church (cf. CCC 1783). But should any figure urge one, as a Catholic, to go against these transcendent norms which one has received and in which one has been well-formed, then it is better to disregard that figure than to disregard one’s Catholic conscience.

Thursday, June 28, 2012

Understanding Humanae Vitae - Selected articles


What Isn't Said in Humanae Vitae
An Analysis of the Implicit Views Behind the Catholic Church's Stand on Contraception.

1. Introduction
In the church today there is a fragmentation and polarization of ethics which has taken place in the wake of the 1968 publication of Pope Paul VI's Humanae Vitae. There are many different opinions about the biological, sociological, and philosophical facts surrounding human sexuality. There is also a variety of approaches to sexual ethics in general. These influences combine to make it impossible to construct concrete moral statements with intellectual honesty. In a world hungry for answers, I feel almost paralyzed in my ability to help guide people to a fuller living out of the truth in this area. Without any clear signposts it is difficult to know which road to go down.

André Guindon is correct in his assessment that the real solution to the complexity of sexual ethics lays in a radically new approach to sexual ethics in general - of taking the personalist perspective seriously and dealing with sexual ethics on that basis rather than on an act-centered basis. Yet I struggle to propose this approach wholeheartedly in ministry because it seems to go against official magisterial teachings, positions I am supposed to represent by my position within the Catholic church, but positions which seem at best quirky and at worst morally reprehensible.

This paper attempts to provide a deeper understanding of magisterial teachings on sexual ethics on their own terms in order to find a way out of this intellectual fog. To achieve this, it returns to the source of the controversy, Humanae Vitae, and attempts to understand the rational mind set of its author(s). Most of the current literature supportive of Humanae Vitae simply rehashes its arguments with some small elaborations. Most of the current literature critical of Humanae Vitae seems to dismiss it as hopelessly naive or wildly off base, leveling critiques that are so obvious that it is hard to believe that Paul VI did not already take them into account when he wrote the document. My belief is that there is a basic philosophical reason for Humanae Vitae's approach to sexual ethics which is unstated in the document, under-appreciated in the ensuing debates, yet critically determinative nonetheless.

2. Purpose
Humanae Vitae supports its absolute moral ban of contraception with many different arguments. There are arguments from scripture, from tradition, from a theology of marriage, and from an understanding of sexual intercourse as a physical language as well as hints of a basic philosophical and theological analysis of the "marital act." Many of these individual arguments have been taken up by later authors. Much ink has been spilled and the arguments have been refuted, refined, reworked and ultimately have settled on two sides of a distinct line; those who believe the conclusions of Humanae Vitae and those who do not. These two camps seem to have polarized to such an extent that no further discussion is possible: there are simply parallel monologues.

Amidst the debates over this teaching, one thing is clear and agreed to by all sides: Humanae Vitae treats human sexual ethics differently than moral ethics in any other area. For instance, it is common in Catholic moral theology to allow changing natural processes in order to serve a greater good. For instance, a redwood tree has its own reason for being, yet it can be morally acceptable to subvert that, cut the tree down and use it to make a deck for one's house. Humanae Vitae, though, holds that "each and every conjugal act remain ordered in itself to the procreation of human life" (par. 11). There is not the same leeway here to use conjugal acts in the service of human good in general as there is for other natural processes. Even the taking of a human life has more moral leeway than using contraception. Critics contend that this distinction is at the heart of the error in this teaching. In their view sexual ethics should be dealt with in the same manner as any other ethics. Supporters hold to this distinction using characteristic phrases but without explanation. This paper does not seek to provide a comprehensive analysis of Humanae Vitae nor even to explore its natural law approach. The purpose of this paper is to detail a philosophical/theological understanding of how acts involving human genital organs are fundamentally different than any other physical acts and to see the ramifications of this in moral analysis. The analysis will be based on that of Thomas Aquinas, since this is almost universally acknowledged as the approach favored in this document. I believe that this is a central component of the debate over Humanae Vitae and thus needs to be made explicit.

3. Philosophical Analysis
A key to understanding the nature of human sexual acts is that they are linked to procreation, the coming to be of another human person. In Catholic thought, procreation is crucially different than animal reproduction. From the first line of Humanae Vitae:

The most serious duty of transmitting human life, for which married persons are the free and responsible collaborators of God the Creator, has always been a source of great joys to them, even if sometimes accompanied by not a few difficulties and by distress. (par. 1) 

What is implied here in the use of the term "collaborate?" Human beings collaborate with God in the transmitting of human life in a much more immediate sense than do animals in reproduction. In reproduction, everything that goes into a new life comes immediately from the parents. In procreation, the parents supply the material ingredients, but God directly supplies an immaterial ingredient also. Thus God is directly involved in the creation of every new human life in a way that God is not in the creation of new animal life.

A rock, lying on the ground, is only a physical reality. There is nothing "behind it," no other hidden reality or dimension linked to its existence (cf. ST I, 84, 1). The same is true for a plant. It has a soul, an animating and unifying principle, but there are no indications that this principle goes beyond the physical existence of the plant. When one physically experiences the plant, one experiences all there is of the plant (cf. ST I, 75, 3). If one were to physically destroy it, there would be nothing left. Human beings, however, have a more complex reality. Not only do we have a soul, an animating and unifying principle, we have the ability to know. This power of understanding seems to go beyond physical limitations (ST I, 75, 2 and ST I, 84, 2). If knowledge were only physical, it would be limited by physical constraints. This does not appear to be true. Thinking appears to be limited by physical constraints, but knowing does not (ST I, 84, 7). All abilities of a living being are grounded in the soul. Human souls, being intellectual, must therefore be immaterial.

This belief in the immateriality of the human soul affects our understanding of how a new human life can come into being. When we see a plant or an (non-sentient) animal reproduce, we see that each parent has contributed something physical to the offspring. Since the new life has a merely material existence, we find no reason to doubt that this physical begetting tells the whole story. One physical thing has transformed into another physical thing, sperm and egg have united into embryo which grows into a new autonomous life. We see transformations of physical things all the time.

The human soul is immaterial. Any actually existing immaterial reality cannot cease to exist, since there is nothing that can cause it to corrupt (ST I, 75, 2 & 6). For the same reason an immaterial soul cannot be divided into multiple souls. A new physical human body comes from an egg and a sperm, a part of each parent. A new human soul in its immateriality cannot come from parts of the parents' souls; they are not the kind of things that can be divided. For the same reason a new human soul cannot come from the transmutation of another immaterial soul. A new human soul must therefore be uniquely created out of nothing, for we have run out of other possibilities (ST I, 90, 2). Only God can create something from nothing (ST I, 45 5). Every other thing creates by transforming what already exists into something else (ST I, 90, 3). In this way God must be directly involved in the creation of each new human person, as directly involved as the mother and father. This is why human beings are said to "collaborate" with God in the creation of new human life.

When human beings collaborate with God, philosophy has clearly moved into the realm of theology since it involves the work of God and the relationship between God and humanity. The important argument here is that God directly creates each human soul. We come to this understanding from recognition that human souls, being immaterial, require divine intervention in their creation. This conclusion could perhaps also be supported through a study of revelation but this would be outside the scope of this paper. It would be an interesting exercise for the future and would perhaps be much more useful for contemporary Christians.

4. Supporting Readings
In Casti Connubii, Pius XI spoke of human beings "cooperating" with God in procreation. "How great a gift of divine goodness and how remarkable a fruit of marriage are children born by the omnipotent power of God through the cooperation of those bound in wedlock" (3). It is by God's power that children are born, not by some innate power in human parents themselves. The human parents merely cooperate in the creation of their child. Later he said, "Both husband and wife, however, receiving these children with joy and gratitude from the hand of God, will regard them as a talent committed to their charge by God" (4). This seems to be a complete embracing of this philosophical approach and a paradigmatic image of its ramifications. God in heaven creates children and hands them to parents who, if they disturb this process at all, are directly refusing a gift of God and frustrating and insulting the Creator. Since God is the active party in this picture, any human action can only be interpreted as being for or against God, not as neutral.

This understanding of God's role in procreation is followed early on by John Paul II. In 1960, before the publication of Humanae Vitae and before he was pope he wrote:

A man and a woman by means of procreation, by taking part in bringing a new human being into the world, at the same time participate in their own fashion in the work of creation. They can therefore look upon themselves as the rational co-creators of a new human being. ...The essence of the human person is therefore - in the Church's teaching - the work of God himself. (qtd. in Smith 239) 

Clearly, God is the primary creator of "a new human being" and we are co-creators with God. This is more than saying that God is the primary creator of humanity in the abstract. It implies that God is the direct creator of each and every new human being as outlined in the preceding philosophical analysis.

Janet Smith notes that as pope, John Paul II never explicitly denied this opinion (242) although his support of Humanae Vitae flows rather from the intrinsic connection between the unitive and procreative aspects of conjugal love and the personalist approach this engenders. John Paul II has, in fact, made support of Humanae Vitae on these terms a pillar of his papacy (McClory 152). In her analysis, Smith uses all of John Paul's writings equally, with no distinction of time (HV 8, footnote 21) and thus does not leave room to note the development in John Paul's thought. In reality, John Paul's shift of emphasis seems to be so complete that as pope he never speaks about human parents being co-creators with God with the same force. The only reference given by Smith supporting this approach during John Paul's tenure as pope is the following: "Procreation is rooted in creation, and every time, in a sense, reproduces its mystery" (255). The addition of the phrase "in a sense" certainly changes the implied level of God's creative presence in procreation. In the understanding of the quote from 1960, following the previous philosophical analysis, God acts directly in procreation, not "in a sense." This indicates a development in John Paul's thought despite what Smith believes.

The position of the conciliar document Gaudium et Spes is also more ambiguous, perhaps pointedly so (McClory 130), but could be construed as agreeing with this understanding. It reminds parents that their proper role is to "transmit human life" (par. 50) to their offspring, although it is unclear as to whether they transmit it from themselves or directly from God. Later it notes that the human "faculty of reproduction wondrously surpass[es] the endowments of lower forms of life" (par. 51). The way in which it surpasses it, is not specified. It could be through the more direct action of God or simply because human procreation is united to love.

Pope John XXIII set up the Pontifical Commission for the Study of Population, Family and Births to study the issue of regulating the number of births and to determine if a change in Catholic understanding was called for. He died before it convened, but the commission was reconvened by his successor, Paul VI. After three years of work, the commission gave its recommendation to the pope through a short report entitled "Responsible Parenthood," accompanied by volumes of information containing explanations, meeting notes, and summaries. Four of the members of the committee dissented and rewrote a working document of the commission, entitled "State of the Question: The Doctrine of the Church and its Authority" and gave it to Paul VI separately. These reports were supposed to remain secret, but instead were published in the National Catholic Reporter on April 19, 1967. They became known as the Majority Report and the Minority Report. Together, they give a good insight into the state of the question as Paul VI had it. It is important to note that Humanae Vitae follows the conservative Minority Report against the Majority Report. In fact, the Majority Report was dismissed out of hand without rebuttal of its argumentation (Hoyt 23).

The Minority Report notes that the church's ban on contraception could not have been based on any scholastic philosophical position since it was first put forth several hundred years before scholastic theology was worked out. It goes on to say that:

[The teachings of the church] attribute a special inviolability to this act and to the generative process precisely because they are generative of new human life, and life is not under man's dominion. It is not because of some philosophy which would make the physical order of nature as such the criterion of the morality of human acts. (Hoyt 34) 

The unique character of conjugal acts has something to do with the fact that they deal directly with specifically human life. Yet there must be more. Even the taking of a human life is not treated so absolutely by Catholic ethics (for instance, in the cases of war and capital punishment). Admitting that the argumentation supporting the ban cannot be "clear and cogent based on reason alone" (34) the document still indicates a solution:

The substratum of this teaching would seem to presuppose various Christian conceptions concerning the nature of God and of man, the union of the soul and the body which creates one human person, God as the Supreme Lord of human life, the special creation of each individual human soul. (35) 

The fact that God creates each individual soul in the divine image makes each human life in some sense inviolable. Thus the issue of contraception is "analogous to the inviolability of human life itself" (34). The fact that God acts directly in the creation of each individual human soul must be what causes the further injunction that makes contraception absolutely wrong.

The Majority Report of the commission makes very little reference to this area. When it does, it refutes this understanding. It forwards its arguments about the necessity of change in our understanding of contraception through other reasoning. Yet it is not ignorant of this line of reasoning. In taking up the arguments from natural law it responds: "The sources of life, just as existent life itself, are not more of God than is the totality of created nature, of which he is the Creator" (68-9). Also, "The sources of life are persons in and through their voluntary and responsible conjugal acts" (70). Clearly, this goes against our analysis where God is seen as a direct source of each human soul, in this at least on par with the biological parents as a source of life. It is directly refuted that God is acting in procreation in a way that is qualitatively or quantitatively different than the way God acts in the world in general. Remember, however, that this report was largely ignored by Paul VI in his final version of Humanae Vitae.

John Noonan was an advisor to the commission on the history of the doctrines concerning contraception. His 1965, Contraception: A History of its Treatment by the Catholic Theologians and Canonists was influential in the commission's deliberations. In the last chapter of the 1986 version, he summarizes the opinions that were in circulation during the formulation of Humanae Vitae. Here he notes a typical Thomistic rebuttal of a call to change the doctrine: "The act of coitus is sacred, is invested with a nonhuman immunity. It is sacramental for Christians and non-Christians alike. Why is it thus? Because by means of it God permits two human beings to join in the creative task of producing human life" (530). This is an almost exact repetition of the Thomistic arguments listed above. He goes on to say that this understanding could be supported by Christian tradition only if one isolated the teaching from its reasons and contexts (531). The specifics of the arguments had changed so drastically over the centuries that this understanding was certainly inadequate, yet in fact Paul VI chose to follow exactly this reasoning.

Humanae Vitae itself has several additional references which support the Thomistic interpretation. In par. 8 the document repeats that we "collaborate with God in the generation and education of new lives." More explicitly, par. 13 indicates this understanding when it quotes John XXIII, "Human life is sacred, ...from its inception it reveals the creating hand of God." Inception of human life does not "speak of" God's creative power, it "reveals" it. This strong statement can only be understood with a philosophical underpinning similar to the one developed above.

5. Moral Demands
Humanae Vitae links this direct involvement by God in procreation to moral imperatives in this statement:

To use this divine gift [of conjugal love] destroying, even if only partially, its meaning and its purpose is to contradict also the plan of God and His will. On the other hand, to make use of the gift of conjugal love while respecting the laws of the generative process means to acknowledge oneself not to be the arbiter of the sources of human life, but rather the minister of the design established by the Creator. In fact, just as man does not have unlimited dominion over his body in general, so also, with particular reason, he has no such dominion over his generative faculties as such, because of their intrinsic ordination towards raising up life, of which God is the principle. (par. 13) 

In the opinion of Humanae Vitae, acts involving human genital organs are objectively different from any other physical acts in that they are by nature linked to the direct creative action of God in the world. This is "the mysterious tangential point between the created universe of being and God's creative love" (Carlo Caffara qtd. in Smith 104). This point of connection is unique. Any direct attempt to limit this connection would be against nature and contrary to God's will.

Through creation ex nihilo of the human soul, God is the immediate source of each human life. Biological parents participate with God in bringing about new human life. Any sexual use of our genital organs is objectively participating in this process, whether or not one acknowledges this or is even aware of it (Carlo Caffara qtd. in Smith 104). As Gaudium et Spes puts this:

When it is a question of harmonizing married love with responsible transmission of life, it is not enough to take only the good intention and the evaluation of motives into account; the objective criteria must be used, criteria drawn from the nature of the human person and human action, criteria which respect the total meaning of mutual self-giving and human procreation in the context of true love. (par. 51) 

As noted above, the paradigmatic image for God's operating in this way is that of human parents receiving children from the hand of God. With this understanding, how could we morally do anything but accept? Framing the question this way leads almost directly to the answer. As Janet Smith says, "Any argument based on this understanding of human life would object to contraception as an act that serves to shut God out of an arena designated by Him as the special locus for His creative action" (103).

6. Other Views
This quote from Smith wonderfully sums up this approach taken up in Humanae Vitae and later by countless other supporters. It seems obvious after one understands God's unique creative gesture in procreation. If one, however, denies the uniqueness of God's action in procreation the issue changes dramatically. An example of this would be the majority of the members of the Pontifical Birth Control Commission. In direct opposition to this understanding, the Majority Report states:

The sources of life, just as existent life itself, are not more of God than is the totality of created nature, of which he is the Creator. The very dignity of man created to the image of God consists in this: that God wished man to share in his dominion. God has left man in the hands of his own counsel. To take his own or another's life is a sin not because life is under the exclusive dominion of God but because it is contrary to right reason unless there is a question of a good of a higher order. ...In the matter at hand, then, there is a certain change in the mind of contemporary man. He feels that he is more conformed to his rational nature, created by God with liberty and responsibility, when he uses his skill to intervene in the biological processes of nature so that he can achieve the ends of the institution of matrimony in the conditions of actual life, than if he would abandon himself to chance. (68-9). 

In this understanding, the working of God in the creation of a new human life is not seen over and against the working of God in the rest of the created universe, it is identified with it. Thus it follows that we should deal ethically with areas concerning human sexuality the same way as we deal with other areas, holding forth that we were created in the image and likeness of God and therefore given the great burden of responsibility to use our full faculties in taking care of and perfecting nature.

In both Humanae Vitae and the Minority Report, we can see the direct linkage between one's views about the uniqueness of procreation and the ethics of contraception. In point of fact, this standpoint by itself seems determinative. Philosophically, though, it seems tenuous to use the level of God's operation in the world to indicate the surety of God's will. Even granted that procreation is the sole tangential point between God's direct creative presence and the world, it is a leap of logic to make the further claim that therefore God's will is more fixed in this area. Human will is not determined in this way, and there are no other indications that God's will operates in this fashion. In any case, God's action in procreation seems to follow upon human action and human biological activity (which itself follows upon a recognition of goodness placed in the world by God) and it is unclear what God's will would be in response to an non-fecund human action. This tight linking between conjugal relations and God's will seems to be more the result of our paradigmatic image of children coming from the hand of God than from any independent theological reasoning.

7. Epilogue: Personal Reflections
In the end, I think the determinative theological question in Humanae Vitae was not the nature of human sexuality. It was about whether or not the pope was willing or able to change this long-standing teaching. As Robert Hoyt noted shortly after the document's release: "In the wake of the encyclical, then, the central argument is no longer about birth control or sex or 'nature,' but over the authority of the church and its role in instructing men's consciences" (13). The Minority Report of the commission agrees with this framing of the issue. When the report asks the crucial question as to why the church cannot change this teaching it replies, "because the Catholic church, instituted by Christ to show men a secure way to eternal life, could not have so wrongly erred during all those centuries of history" (Hoyt 37). I find this statement and its mind set absurd. It was directly refuted in the Majority Report (67). Should we have used the same reasoning to keep our teaching about slavery from changing? Certainly that issue caused more suffering in the world than contraception ever did. We may be THE CHURCH INSTITUTED BY GOD FOR ALL TIMES FOR THE SALVATION OF THE WORLD, but I think as an institution we still take ourselves too seriously. This is epitomized for me by a small exchange from the last session of the Birth Control Commission conveyed by McClory on page one. Marcelino Zalba S.J. asked, "What then with the millions we have sent to hell, if these norms were not valid?" Patty Crowley replied, "Father Zalba, do you really believe that God has carried out all your orders?"

In all of the debates which have followed the publication of Humanae Vitae, each party seems to have approached its analysis with a preset opinion, interpreting the data to fit a conclusion already decided. This is apologetics at its worst. An honest, open discussion of God's role in procreation has the real possibility of opening up the mystery of God's intimate creative presence in all of creation. It could reveal much not only about sexual ethics but about sacramental theology as well. But I am not convinced that anyone is really interested in the discussion. All sides are stuck in cacophonous monologues. To be in discussion, one has to be willing to change one's mind. In this debate this was well stated by one person involved: "The debates convinced me more of the intrinsic danger in irreformable statements than of the intrinsic evil in contraception" (Hoyt 19).


Works Cited
Aquinas, Thomas. Summa Theologica. Online: http://www.knight.org/advent/summa/ 1995.
Vatican Council II. "Gaudium et Spes." Vatican Council II: The Conciliar and Post Conciliar Documents. Ed. Austin Flannery. New York: Costello, 1981. 903-1001. Online: http://www.christusrex.org/www1/CDHN/v4.html
Guindon, André. "Sexual Acts or Sexual Lifestyles? A Methodological Problem in Sexual Ethics." Eglise et Théologie 18 (1987): 315-340.
Hoyt, Robert. The Birth Control Debate. Kansas City, MO: National Catholic Reporter, 1968.
McClory, Robert. Turning Point. New York: Crossroads, 1995.
Noonan, John. Contraception: A History of its Treatment by the Catholic Theologians and Canonists. Cambridge: Harvard UP, 1986.
Smith, Janet E. Humanae Vitae: A Generation Later. Washington: Catholic UP, 1991.

***

Additional Sources:

on  church & contraception
              Leslie Griffin on Contraception and Religious Liberty

on Papal Infallibility, a book review of Hans Kung "Infallible? An Inquiry"
                      Infallible? An Inquiry Reconsidered


 ***


THE HUMANAE VITAE CONTROVERSY
George Weigel on The Humanae Vitae Controversy
The following is the text of George Weigel's coverage of the Humanae Vitae controversy. It is taken from Chapter 6, Successor to St Stanislaw, of his biography of the Pope, Witness to Hope

First established by Pope John XXIII, the Papal Commission for the Study of Problems of the Family, Population, and Birth Rate was reappointed by Pope Paul VI to advise him on the tangle of issues indicated in its title. For much of the world, though, this was the "Papal Birth Control Commission" and the only issue at stake was whether Catholics could "use the pill." In the highly politicized atmosphere of the immediate post-Vatican 11 Church, "birth control" became the litmus-test issue between theological "progressives" and "conservatives," even as the issue got entangled in ongoing arguments about the nature and scope of papal teaching authority. When one adds to this volatile ecclesiastical mix the cultural circumstances of the sixties in the West, including the widespread challenge to all established authority and the breakout into mainstream culture of the sexual revolution, it becomes apparent that a thoughtful public moral discussion of conjugal morality was going to be very difficult at this point. In 1968, Paul VI, who thought himself obliged to give the Church an authoritative answer on such a highly charged question, issued Humanae Vitae, which instantly became the most controversial encyclical in history and the cause of even further disruption in the Church, particularly in North America and Western Europe. The controversy was inevitable, but it might not have been so debilitating had the Pope taken Cardinal Wojtyla's counsel more thoroughly.

According to the familiar telling of this complex tale, Pope Paul's Papal Commission was divided between a majority that argued for a change in the classic Catholic position that contraception was immoral, and a minority that wanted to affirm that teaching. A memorandum sent to the Pope in June 1966—and journalistically dubbed the "Majority Report"—argued that conjugal morality should be measured by "the totality of married life," rather than by the openness of each act of intercourse to conception. In this view, it was morally licit to use chemical or mechanical means to prevent conception as long as this was in the overall moral context of a couple's openness to children.69 Another memorandum, dubbed the "Minority Report," reiterated the classic Catholic position, that the rise of contraceptives violated the natural moral law by sundering the procreative and unitive dimensions of sexuality. In this view, and following the teaching of Pope Pius XII, the morally legitimate way to regulate conception was through the use of the natural rhythms of fertility, known as the rhythm method.

Pope Paul VI spent two years wrestling with these opposed positions and with the pressures that were being brought to bear on him to take a side. Proponents of the "Majority Report" (which was leaked to the press in 1967 to bring more pressure on the Pope) argued that the Church would lose all credibility with married couples and with the modern world if it did not change the teaching set forth by Pius XII. Some opponents argued that adopting the "Majority Report" position would destroy the Church's teaching authority, as it would involve a tacit admission of error on a question of serious moral consequence. Paul VI eventually rejected the conclusion and moral reasoning of the "Majority Report," and on July 25, 1968, issued the encyclical letter Humanae Vitae, section 14 of which began as follows: "Thus, relying on these first principles of human and Christian doctrine concerning marriage, we must again insist that the direct interruption of the generative process already begun must be totally rejected as a legitimate means of regulating the number of children."70 A maelstrom of criticism followed, as did the most widespread public Catholic dissent from papal teaching in centuries.

Archbishop Karol Wojtyla, well-known to the Pope as the author of Love and Responsibility, had been appointed by Paul VI to the Papal Commission, but had been unable to attend the June 1966 meeting at which the majority of the commission took the position later summarized in its memorandum. The Polish government had denied him a passport, on the excuse that lie had waited too late to apply.71 Wojtyla played an important role in the controversy over contraception and in the development of Humanae Vitae, nonetheless. The encyclical, however, was not crafted precisely as Wojtyla proposed.

In 1966, the archbishop of Kraków created his own diocesan commission to study the issues being debated by the Papal Commission. The archbishop, soon to be cardinal, was an active participant in the Kraków commission's deliberations, which also drew on the expertise he had begun to gather in the nascent archdiocesan Institute for Family Studies. The Kraków commission completed its work in February 1968, and a memorandum of conclusions—"The Foundations of the Church's Doctrine on the Principles of Conjugal Life"—was drawn up in French and sent to Paul VI by Cardinal Wojtyla.72

According to Father Andrzej Bardecki, one of the participants in the Kraków process, Wojtyla's local commission had seen two drafts of a proposed encyclical on the subject of conjugal morality and fertility regulation. One draft, prepared by the Holy Office, the Vatican's principal doctrinal agency struck some members of the Kraków commission as "stupid conservatism" stringing together various papal pronouncements on the subject while neglecting to mention Pius XII's endorsement of the rhythm method of fertility regulation, or "natural family planning." The alternative draft, which Bardecki remembered as having been sponsored by German Cardinal Julius Döpfner, took the position of the "Majority Report" of the Papal Commission, which involved a serious error in its approach to moral theology, in the judgment of the Kraków theologians. By arguing that conjugal morality should be judged in its totality, and each act of intercourse "proportionally" within that total context, the "Majority Report" and the German draft misread what God had written into the nature of human sexuality, and did so in a way that undermined the structure of moral theology across the board.

Were the only alternatives, therefore, "stupid conservatism" or a deconstruction of the moral theology?

The Polish theologians didn't think so. The Kraków commission memorandum, which reflected the thinking of Cardinal Wojtyla and the moral analysis of Love and Responsibility, tried to develop a new framework for the Church's classic position on conjugal morality and fertility regulation: a fully articulated, philosophically well-developed Christian humanism that believers and non-believers alike could engage.

The starting point for moral argument, they proposed, was the human person, for human beings were the only creatures capable of "morality." This human person, male or female, was not a disembodied self but a unity of body and spirit. My "self" is not here, and "my body" there. As a free moral actor, I am a unity of body and spirit. Thinking about the moral life has to be thinking within that unity, taking account of both dimensions of the human person.

The Kraków theologians went on to argue that nature had inscribed what might be called a moral language and grammar in the sexual structure of the human body. That moral language and grammar could be discerned by human intelligence and respected by the human will. Morally appropriate acts respected that language and grammar in all its complexity, which included both the unitive and procreative dimensions of human sexuality: sexual intercourse as both an expression of love and the means for transmitting the gift of life. Any act that denied one of these dimensions violated the grammar of the act and necessarily, if unwittingly, reduced one's spouse to an object of one's pleasure. Marital chastity was a matter of mutual self-giving that transcended itself and achieved its truly human character by its openness to the possibility of new life.

This openness had to be lived responsibly. "The number of children called into existence cannot be left to chance," according to the Kraków memorandum, but must be decided "in a dialogue of love between husband and wife." Fertility regulation, in fulfillment of the "duty" to plan one's family, must therefore be done through a method that conformed to human dignity, recognized the "parity between men and women," and involved the "cooperation" of the spouses. By placing the entire burden on the woman, chemical and mechanical means of fertility regulation like the contraceptive pill and the intra-uterine device violated these criteria. Contrary to the claims of the sexual revolution, such artificial means of contraception freed men for hedonistic behavior while violating the biological integrity of women with invasive and potentially harmful tools. Family planning by observing nature's biological rhythms was the only method of fertility regulation that respected the dignity and equality of the spouses as persons.

The Kraków theologians openly admitted that living marital chastity this way involved real sacrifice, a "great ascetic effort [and] the mastery of self." Education in the virtue of chastity must begin with "respect for others, respect for the body and [for] the realities of sex." Young people had to be taught "the equality of right between man and woman" as the foundation of "mutual responsibility." Pastors who shied away from programs aimed at educating couples in fertility regulation through natural biological rhythms were derelict in their duties, and were complicit in the "grand confusion of ideas" that surrounded sexuality in the modern world. Moreover, the memorandum continued, the pastor did not fulfill his responsibilities as a moral teacher by inveighing against promiscuity. On the contrary, no one could preach or teach persuasively on this subject unless the entire question was put in the humanistic context necessary for the Church's teaching to ring true. It was imperative that pastors work with lay people in this field, for "well-instructed Christian couples" were better positioned to help other couples live chaste lives of sexual love.

Elements of the Kraków commission's memorandum may be found in Humanae Vitae, but Father Bardecki's suggestion that sixty percent of the encyclical reflected the approach devised by the Polish theologians and Cardinal Wojtyla claims too much.73 Humanae Vitae did make references to Christian personalism, to the good of sexual love, and to the duty of responsibly planning one's family.74 But the encyclical did not adopt in full the rich personalist context suggested by the Kraków commission. Absent this context, with its emphasis on human dignity and on the equality of spouses in leading Sexually responsible lives, Humanae Vitae's sharp focus on sexual acts opened it to the charge of legalism, "biologism," and pastoral insensitivity, and left the Church vulnerable to the accusation that it had still not freed itself of the shadow of Manichaeism and its deprecation of sexuality.

Although the charge would likely have been made in any case, the encyclical's failure to adopt the full Kraków context made this indictment more difficult to counter. The Kraków proposal came to the same conclusion as the encyclical on the specific question of the legitimate means of fertility regulation. Kraków, however, offered a more compelling explanation of why this position was better fitted to the dignity of the human person, and particularly to the dignity of women.

The timing of Humanae Vitae could not have been worse; 1968, a year of revolutionary enthusiasms, was not the moment for calm, measured reflection on anything. It is doubtful whether any reiteration of the classic Catholic position on marital chastity, no matter how persuasively argued, could have been heard in such circumstances. On the other hand, one has to ask why a position that defended "natural" means of fertility regulation was deemed impossibly antiquarian at precisely the moment when "natural" was becoming one of the sacred words in the developed world, especially with regard to ecological consciousness. The answer is obviously complex, but it surely has something to do with whether Humanae Vitae provided an adequately personalistic framework in which to engage its teaching.

The Kraków memorandum also demonstrated that the marital ethic it proposed was not a matter of Catholic special pleading (still less Polish Catholic special pleading); its moral claims could be debated by reasonable people, irrespective of their religious convictions.75 Humanae Vitae did not demonstrate this adequately. The encyclical was a step beyond the "stupid conservatism" that had worried some participants in the Kraków Commission, but it was not enough of a step. Kraków had dealt with the fact that changing cultural conditions required articulating a new context for classic moral principles. Rome remained rather tone-deaf to the question of context. The result was that the principles were dismissed as pre-modern, or just irrational.

The failure to explicate a personalist context for the Catholic sexual ethic, compounded by the politicization of the post-Humanae Vitae debate in the Church, had serious ramifications for the Church's effort to articulate a compelling Christian humanism in the modern world. In its first major post-Vatican II confrontation with the sexual revolution—the most potent manifestation of the notion of freedom as personal autonomy—the Church had been put squarely on the defensive. Had the Kraków commission's memorandum shaped the argumentation of Humanae Vitae more decisively, a more intelligent and sensitive debate might have ensued.

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Wednesday, June 27, 2012

RH Bll: Ateneo Faculty & Pro-life Theologians

CATHOLICS CAN SUPPORT THE RH BILL IN GOOD CONSCIENCE

(Position paper on the Reproductive Health Bill by individual faculty* of the Ateneo de Manila University)

(Note: The opinions expressed in this paper are solely those of the authors and do not necessarily reflect the views of other faculty. Neither do they represent the official position of the Ateneo de Manila University nor the Society of Jesus.)

We, individual faculty of the Ateneo de Manila University, call for the immediate passage of House Bill 5043 on “Reproductive Health and Population Development” (hereafter RH Bill) in Congress. After examining it in the light of Philippine social realities, and informed by our Christian faith, we have reached the conclusion that our country urgently needs a comprehensive and integrated policy on reproductive health and population development, as provided by the RH Bill. We also believe that the provisions of the bill adhere to core principles of Catholic social teaching: the sanctity of human life, the dignity of the human person, the preferential option for the poor and vulnerable, integral human development, human rights, and the primacy of conscience.

Catholic social theology since Vatican II has evolved, on the one hand, from the emphasis on order, social cohesiveness, the acceptance of some inequality, and obedience to authority to the recognition, on the other, of the centrality of the human person, and the concomitant need for human freedom, equality, and participation (Pacem in Terris 1963, Octogesima Adveniens 1971). In the same way that Vatican II was a council for aggiornamento (renewal) for the universal Church, so too did the 1991 Second Plenary Council of the Philippines (PCP-II) aim at the renewal of the Church in the Philippines. After a month of collectively studying and praying to discern the “signs of the times,” PCP-II declared: “As we approach the year 2000, Christ bids this community ourselves, the laity, religious and clergy of the Catholic Church in the Philippines to be a Church of the Poor” (PCP-II Acts, no. 96).

As Catholics and Filipinos, we share the hope and mission of building a Church of the Poor. We are thus deeply disturbed and saddened by calls made by some members of the Catholic Church to reject a proposed legislation that promises to improve the wellbeing of Filipino families, especially the lives of women, children, adolescents, and the poor. Being a “Church of the Poor” urges us to be with and listen to the poor, so that their “joys and hopes… griefs and anxieties” become ours as well (Gaudium et Spes 1965, no. 1). We therefore ask those who denounce the RH Bill as “pro-abortion,” “anti-life,” “anti-women,” “anti-poor,” and “immoral” to consider the economic and social conditions of our people, as borne out by empirical evidence, and to recognize that the bill is, in fact, “pro-life,” “pro-women,” and “propoor.”

The Realities of Women and Their Children
No woman should die giving life. Yet, in the Philippines, 10 women die every 24 hours from almost entirely preventable causes related to pregnancy and childbirth (POPCOM 2000). Our maternal mortality rate continues to be staggeringly high, at 162 maternal deaths for every 100,000 live births (National Statistics Office (NSO), 2006 Family Planning Survey (FPS)). More lives would certainly be saved if all women had access to good prenatal, delivery, and postpartum care.

The reality, however, is that 3 out of 10 Filipino women do not have the recommended number of prenatal care visits (at least 4); and 6 out of 10 women still deliver at home, where they rarely have access to a skilled birth attendant, or to quality obstetric services in case complications arise (NSO and ORC Macro 2004, 2003 National Demographic and Health Survey (NDHS)). Moreover, because a woman’s life and wellbeing are inextricably linked to that of her child’s, it is not surprising that the country’s infant mortality and under-five mortality ratios remain also worrisome: for every 1,000 live births, 24 children die before they reach the age of one, and 32 children die before they reach the age of five (NSO, 2006 FPS).

Aside from poor maternal care, our alarming maternal mortality rate also stems from the high incidence of induced abortions. The silence on this topic shrouds the tragedy of many Filipino women who have resorted to it in desperation. An estimated 473,400 women had induced abortions in 2000, translating to an abortion rate of 27 abortions per 1,000 women aged 14-44, and an abortion ratio of 18 abortions per 100 pregnancies (Juarez, Cabigon, Singh and Hussain 2005). Abortion not only terminates the life of an unborn child but also imperils the life of the mother, especially if performed in unsafe clandestine clinics by untrained personnel, or induced by the woman herself, as is the case of poor women who cannot afford a surgical abortion, or the services of a traditional practitioner (hilot). Of the nearly half a million women who had abortions in 2000, 79,000, or 17 percent, wound up in hospitals as a result of abortion complications (ibid.). Induced abortions accounted for 12 percent of all maternal deaths in the Philippines in 1994 (ibid.), and is the fourth leading cause of maternal deaths.

Studies show that the majority of women who go for an abortion are married or in a consensual union (91%), the mother of three or more children (57%), and poor (68%) (Juarez, Cabigon, and Singh 2005). For these women, terminating a pregnancy is an anguished choice they make in the face of severe contraints. When women who had attempted an abortion were asked their reasons for doing so, their top three responses were: they could not afford the economic cost of raising another child (72%); their pregnancy occurred too soon after the last one (57%); and they already have enough children (54%). One in ten women (13%) who had attempted an abortion revealed that this was because her pregnancy resulted from forced sex (ibid.). Thus, for these women, abortion has become a family planning method, in the absence of information on and access to any reliable means to prevent an unplanned and unwanted pregnancy. The fact is, our women are having more children than they desire, as seen in the gap between desired fertility (2.5 children) and actual fertility (3.5 children), implying a significant unmet need for reproductive health services (NSO and ORC Macro 2004, 2003 NDHS)

The importance of family planning to the lives of women and their children cannot be emphasized enough. The United Nations Population Fund (UNFPA n.d.) asserts that women’s access to effective contraception would avert 30 percent of maternal deaths, 90 percent of abortion-related deaths and disabilities, and 20 percent of child deaths. In the Philippines, however, women sorely lack adequate access to integrated reproductive health services. This stems mainly from an inconsistent national population policy which has always been dependent on the incumbent leader. For example, studies have pointed out that former President Fidel V. Ramos and then Health Secretary Juan Flavier showed strong support for family planning initiatives. In contrast, President Gloria Macapagal Arroyo appears to have an incoherent national population policy, because while she recognizes the need to reduce the country’s population growth rate, on the one hand, she relegates the responsibility of crafting, funding, and implementing population and reproductive health programs to local government units (LGUs), on the other. Thus, we are witness to uneven reproductive health and family planning policies and programs across LGUs: Whereas Aurora and the Mountain province, and Davao, Marikina, and Quezon Cities have put in place commendable RH policies and programs, a metropolitan city like Manila teeming with informal settlers had banned modern artificial methods of family planning under the administration of Mayor Joselito Atienza.

From the foregoing, it is easy to understand why the contraceptive prevalence rate of the Philippines is only 50.6 percent (NSO, 2006 FPS). This means that only a little over half of married women use any family planning (FP) method, whether traditional FP (14.8%), modern natural or NFP (0.2%), or modern artificial FP (35.6%). And yet an overwhelming majority of Filipinos (92%) believe that it is important to manage fertility and plan their family, and most (89%) say that the government should provide budgetary support for modern artificial methods of family planning, including the pill, intra-uterine devices (IUDs), condoms, ligation, and vasectomy (Pulse Asia, 2007 Ulat ng Bayan survey on family planning). In another survey, the majority (55%) of respondents said that they are willing to pay for the family planning method of their choice (Social Weather Stations, 2004 survey on family planning).

The evidence is clear: Our women lack reproductive health care, including information on and access to family planning methods of their choice. Births that are too frequent and spaced too closely take a delibitating toll on their health, so that many of them die during pregnancy or at childbirth. Some of them, despairing over yet another pregnancy, seek an abortion, from which they also die and along with them, their unborn child too.

The sanctity of human life and the dignity of the human person
The Catholic Church proclaims that every human person is created in the image and likeness of God, as well as redeemed by Christ. Therefore, each person’s life and dignity is sacred and must be respected. “Every violation of the personal dignity of the human being cries out in vengeance to God and is an offense against the creator of the individual,” according to Christifideles Laici (1988, no. 37). Indeed, we should measure every institution by whether it threatens or enhances the life and dignity of the human person whether that individual is a woman agonizing over her ninth pregnancy, or an unborn child in a mother’s womb.

The RH Bill as pro-life and pro-women
We support the RH Bill because it protects life and promotes the wellbeing of families, especially of women and their children. Contrary to what its detractors say, the RH Bill is not “pro-abortion,” “anti-life,” or “anti-women.” With “respect for life” as one of its guiding principles (sec. 2), the bill unequivocally states that it does not seek to “change the law on abortion, as abortion remains a crime and is punishable” (sec. 3.m). It can be argued, in fact, that in guaranteeing information on and access to “medically-safe, legal, affordable and quality” natural and modern family planning methods (sec. 2), the bill seeks “to prevent unwanted, unplanned and mistimed pregnancies” (sec. 5.k) the main cause of induced abortions. The RH Bill is also pro-life and pro-women because it aims to reduce our maternal

mortality rate, currently so high (at 162 maternal deaths per 100,000 live births) that the government has admitted that it is unlikely to meet the Millennium Development Goal target of bringing it down by three-fourths (to 52 maternal deaths per 100,000 live births) by 2015 (NEDA and UNCT 2007). For example, section 6 of the bill enjoins every city and municipality to endeavor “to employ adequate number of midwives or other skilled attendants to achieve a minimum ratio of one (1) for every one hundred fifty (150) deliveries per year.” Section 7 instructs each province and city to seek to establish, for every 500,000 population, “at least one (1) hospital for comprehensive emergency obstetric care and four (4) hospitals for basic emergency obstetric care.” Section 8 mandates “all LGUs, national and local government hospitals, and other public health units [to] conduct maternal death review.”

Moreover, the RH Bill’s definition of “reproductive health care” goes beyond the provision of natural and modern family planning information and services, to include a wide array of other services (sec. 4.g). These include: maternal, infant, and child health and nutrition; promotion of breastfeeding; prevention of abortion and management of post-abortion complications; adolescent and youth health; sexual and reproductive health education for couples and the youth; prevention and management of HIV/AIDS and other sexually transmittable infections (STIs); treatment of breast and reproductive tract cancers and other gynecological conditions; fertility interventions; elimination of violence against women; and male involvement and participation in reproductive health. We therefore ask, How then can the RH Bill be violative of human life and dignity?

To reiterate, because reproductive health is central to women’s overall health, fundamental aspects of women’s wellbeing are compromised when reproductive health is ignored. The conditions under which choices are made are as important as the actual content of women’s choices: the right to choose is meaningful only if women have real power to choose.

The Conditions of Poor Families
Poverty is a multi-faceted phenomenon caused by inter-related factors: the weak and boom-and-bust cycle of economic growth; inequities in the distribution of income and assets and in the access to social services; bad governance and corruption; the lack of priority accorded to agriculture including agrarian reform; the limited coverage of safety nets and targeted poverty reduction programs; and armed conflict. However, there is no question that poverty in the Philippines is exacerbated by our rapid population growth (Alonzo et al. 2004, Pernia et al. 2008), which, at 2.04 percent, is one of the highest in Asia. A close association exists between our country’s chronic poverty and rapid population growth, as the latter diminishes overall economic growth and blights the prospects of poverty reduction. Curbing our population growth rate is thus a requisite of sound economic policy and effective poverty reduction strategy, and needs to be undertaken with the same vigor we would exert in fighting corruption, improving governance, or redistributing resources.
Turning once again to the conditions of our people, surveys have established the strong association between household size and poverty incidence. Women aged 40-49 in the poorest quintile bear twice as many children, at six children per woman, compared to an average of three children for women in the richest quintile (NSO and ORC Macro 2004, 2003 NDHS). The same pattern is seen when one considers the woman’s educational background: women aged 40-49 with no education (invariably because they are extremely poor) give birth to an average of 6.1 children, whereas women with college or higher education have three children on average (ibid.)

The sad fact is, whereas women in the richest quintile, who have three children on average, are able to achieve their desired number of children (2.7 children), the poorest do not. Women in the lowest quintile, who bear an average of six children, have at least two children more than their ideal number (3.5). The inability of women in the poorest quintile to achieve the number of children they want stems from their high unmet need for family planning, which, at 26.7 percent, is more than twice as high as the unmet need of women in the richest quintile, at 12.3 percent (ibid.).

In addition, studies have noted an inverse relationship between family size and household wellbeing. In particular, an increase in family size is accompanied by a decrease in per capita income, a decrease in per capita savings, and a decrease in per capita expenditures on education and health. Applying standard statistical techniques to indicators of household wellbeing in the 2002 Annual Poverty Indicators Survey (APIS), Orbeta (2005) notes that small families with four members enjoy twice as much income per capita, at P18,429 per annum, compared to large families with nine or more members, at P8,935. Annual savings per capita also declines from P2,950 for a four-member household, to P1,236 for a nine or more-member household.

Expenditures on education and health are good indicators of a family’s investment on the wellbeing of its members. Based on the 2002 APIS, small households with four members spend 2 ½ times more on the education of each child in school, at P1,787 per student, compared to large households with nine or more members, where annual education expenditure per student is only P682. Similarly, four-member households spend nearly thrice as much on the health of each member, at P438, in contrast to nine or more-member households, where annual health expenditure per capita is only P150. These figures reveal that as household size increases, a family needs to spread its resources more thinly, thus investing less on the education and health of each member. This has deleterious consequences on human capital and income-earning potential (Orbeta 2005).

Moreover, as family size increases, school attendance of its members drops. The proportion of school-age members 6 to 24 years old who attend school declines from 67.9 percent for four-member households, to 65.6 percent for nine or more-member households (2002 APIS survey, cited in Orbeta 2005). The prevalence of child labor is also associated with household size. Working children’s families tend to be larger (7-11 members) than those of nonworking children (2-5 members) (Del Rosario and Bonga 2000).

In summary, poor households typically have more children than they aspired to have, as a result of a high unmet need for family planning. A large family size strains a poor family’s capacity to earn, save, and provide education and health care for its members. This diminishes children’s human capital and income-earning potential, and explains why poverty tends to be transmitted and perpetuated from one generation to the next.

The preferential option for the poor and integral human development
Scripture teaches us that God has a special concern for the poor and vulnerable. Similarly, the Church calls on all of us, followers of Christ, who was himself poor, to take on this preferential option for the poor and vulnerable. This is eloquently expressed in the Dogmatic Constitution of the Church, Lumen Gentium (1964): “Just as Christ carried out the work of redemption in poverty and oppression, so the Church is called to follow the same path…. [T]he Church encompasses with her love all those who are afflicted by human misery and she recognizes in those who are poor and who suffer, the image of her poor and suffering founder. She does all in her power to relieve their need and in them she strives to serve Christ” (no. 8).

Embracing the preferential option for the poor asks us to look at the world from the perspective of the poor, and create conditions for them to be heard, defended against injustices, and provided opportunities for their empowerment and attainment of the fullness of human life. An interrelated principle of Catholic social teaching is that of integral human development, which asserts that the whole person, and every person in society, must be allowed to develop to his or her full potential. As Pope Paul VI says in Populorum Progressio (1967): “Development cannot be limited to mere economic growth. In order to be authentic, it must be complete: integral, that is, it has to promote the good of every man and of the whole man” (no. 14). This is imperative because “[i]n God’s plan, every man is born to seek fulfillment…. At birth, a human being possesses certain aptitudes and abilities in germinal form, and these qualities are to be cultivated so they may bear fruit” (no. 15).

The RH Bill as pro-poor
We therefore support the RH Bill because we believe that it will help the poor develop and expand their capabilities, so as to lead more worthwhile lives befitting their dignity and destiny as human beings. It is unconscionable that while the richest in our society are able to attain the number of children that they desire and can support, the poorest, on the other hand, are left struggling to break the chain of intergenerational poverty caused partly by a large family size that impairs their capacity to feed, educate, and take care of their children.

The RH Bill has a number of provisions that are explicitly pro-poor, such as section 11 mandating each Congressional District to undertake the “acquisition, operation and maintenance” of “a van to be known as the Mobile Health Care Service (MHCS) to deliver care, goods and services to its constituents, more particularly to the poor and needy [italics ours], as well as disseminate knowledge and information on reproductive health.” However, we would like to focus our attention on the pro-poor benefits offered by section 1, which states that “[t]he State… guarantees universal access to medically-safe, legal, affordable, and quality reproductive health care services, methods, devices, supplies and relevant information thereon even as it prioritizes the needs of women and children, among other underprivileged sectors [italics ours].”

In relation to the above, section 8 of the RH bill defines contraceptives as essential medicines, in recognition that family planning reduces the incidence of maternal and infant mortality. By placing “hormonal contraceptives, intrauterine devices, injectables and other allied reproductive health products and supplies” under the category of “essential medicines and supplies,” they shall thus be included in the regular purchase of essential medicines and supplies of all national and local hospitals and other government health units. Moreover, section 9 of the bill guarantees hospital-based family planning for contraceptive methods requiring hospital services. These include tubal ligation, vasectomy, and intrauterine device insertion, which shall be made available in all national and local government hospitals. For “indigent patients,” these services “shall be fully covered by PhilHealth insurance and/or government financial assistance.”

Treating contraceptives as essential medicines and guaranteeing hospital-based family planning will make family planning products, supplies, and procedures available at all national and local government hospitals. This is a decidedly pro-poor measure, in view of the fact that the majority (58.1%) of Filipinos who use modern artificial family planning methods rely on the government for their supply of contraceptives (NSO, 2006 FPS). Thus, by expanding Filipinos’ access to the family planning method (whether modern NFP or modern artificial FP, “with no bias for either”) that is best suited to their needs and personal convictions, the RH Bill has the real potential to make safe and reliable family planning available to all Filipinos, and not only to the 50.6 percent practicing it in one way or another (ibid.). This becomes more important in light of the government’s acknowledgment that it has a “low probability” of meeting the Millennium Development Goal target of raising the country’s contraceptive prevalence rate from 50.6 percent in 2006 to 80 percent in 2015 (NEDA and UNCT 2007).

To recapitulate, the RH Bill does not only safeguard life by seeking to avert abortions and maternal and infant deaths. It also promotes quality of life, by enabling couples, especially the poor, to bring into the world only the number of children they believe they can care for and nurture to become healthy and productive members of our society.

The Situation of Our Youth
As parents and guardians of our 15.1 million youth aged 15-24 (Ericta 2003), our greatest challenge is to provide them a safe and nurturing environment where they can study and learn, forge friendships, develop their innate talents, and be guided into responsible citizenship. It might therefore cause us some shock and sadness to know that our youth are increasingly becoming involved in sexual risk-taking behavior. This includes premarital sex and unprotected sex, which may result in unintended pregnancy, or in contracting HIV-AIDS and other sexually transmitted diseases (STDs). Comparing data from the Young Adult Fertility and Sexuality surveys of 1994 (YAFSS2) and 2002 (YAFSS 3) involving youth aged 15-24 reveals that the prevalence of premarital sexual activity increased by 5.6 percentage points, from 17.8 percent in 1994 to 23.4 percent in 2002. Even more dramatic was the change over time among youth who said that they have friends who have engaged in premarital sex. In 1994, only 42.5 percent of the youth claimed that they have sexually-experienced unmarried friends. Eight years later in 2002, more than half (53.8%) reported having such friends (Marquez and Galban 2004, citing the University of the Philippines Population Institute (UPPI) and the Demographic Research and Development Foundation (DRDF), 1994 YAFSS 2 and 2002 YAFSS 3).

The 2002 YAFS survey also shows that 11.8 percent of the youth had their first sexual encounter within the ages of 15 to 19, compared to only 8.1 percent in 1994 (Raymundo and Cruz 2003, citing the 1994 YAFSS 2 and 2002 YAFSS 3). Moreover, the average age for the first sexual encounter of the youth declined from 18 years in 1994, to 17.5 years in 2002. Thus, it appears that more of our youth are getting initated into sex at increasingly younger ages.

What is particularly worrisome is how the majority of our youth who have had premarital sex did not intend to do so during their first sexual encounter. Of the youth who have had premarital sex, only 43 percent wanted their first sexual experience to happen. The rest of the 57 percent either said that they did not plan for their sexual encounter to occur but went along with it anyway (55%), or revealed that their first sexual experience happened against their will, which is tantamount to rape (2%) (POPCOM and UNFPA 2003, citing the 2002 YAFSS 3). Because the first premarital sex act is usually unplanned, it is typically unprotected. Nearly four in five (79%) youth who have had premarital sex did not use a contraceptive during their first sexual experience, compared to only one in five (21%) who did. Comparatively, protection was higher among the males (27.5%) than the females (14.8%), rendering the latter extremely vulnerable to unplanned pregnancy (Raymundo and Cruz 2003, citing the 2002 YAFSS 3).

Even more alarming is how the youth continue to fail to use any form of contraception in their subsequent sexual encounters. Of the sexually-active unmarried youth, three in four (75.1%) did not have any protection during their most recent premarital sex act, as against only one in four (24.9%) who did (Raymundo and Cruz 2003, citing the 2002 YAFSS 3). The reasons mentioned by the youth in 2002 for not using contraceptives, in declining order of importance, are: lack of knowledge on contraception; the belief that contraception is either wrong (against one’s religion) or dangerous to one’s health; objection of the partner; and the view that sex is not fun with contraception. And yet when female respondents who had already engaged in sex were asked in the 1994 YAFS survey if they were willing and prepared to become parents, an overwhelming 94 percent of them said that they were not (POPCOM 2002, citing the 1994 YAFSS 2).

From the foregoing, it is apparent that much of our youth’s risky sexual behavior stems from their lack of knowledge on sex. Although 70 percent of our youth are aware that a woman could get pregnant only after she begins menstruation, the vast majority (80%) of young females do not know the fertile period of their menstrual cycle. Close to half of our youth are unaware that it is possible for a woman to get pregnant after only one sexual encounter (POPCOM and UNFPA 2003). In addition, our youth have many misconceptions about HIV-AIDS and sexually transmitted diseases (STDs), such as: AIDS is curable (72.7%); AIDS is a punishment from God meted on people who had sex outside of marriage (35.1%); and AIDS is contracted only by those who have multiple sex partners (27.8%) (Laguna 2004, citing the 2002 YAFSS 3). Our youth’s increased sexual activity, notwithstanding their insufficient understanding of reproductive health and their sexual rights and responsibilities, can lead to adverse outcomes, such as unwanted pregnancy and contracting sexually transmitted diseases. The life script of a female who had early sex is invariably written as a plot of early marriage, aborted schooling, curtailed work opportunities, frequent pregnancies, and sometimes separation, abortions, and even early death. The 2003 National Demographic and Health Survey reveals that 26 percent of young women aged 15-24 years have begun childbearing, of whom 8 percent are teenagers aged 15-19 years. Many pregnancies among females in the 15-24 age bracket are unintended, resulting in abortions for some. Based on a 2004 nationwide survey of married and unmarried women aged 15-49, 46 percent of abortion attempts occur among young women, of which 30 percent are attempted by women aged 20-24, and 16 percent by teenagers aged 15-19 (Juarez, Cabigon, and Singh 2005).

Moreover, because early pregnancies are high-risk cases, many young women and adolescents die in pregnancy, at birth, or shortly after birth. Young women including teenage mothers accounted for 25.4 percent of the total 1,833 maternal deaths reported in 2004, of which 18.4 percent were deaths of young mothers aged 20-24; 6.6 percent, adolescent mothers 15-19 years old; and 0.4 percent, teenage mothers under 15 (NSO 2004). In addition, almost a third, or 30.4 percent, of the total 10,351 fetal deaths recorded in 2005 were experienced by young women 24 years old and below, of whom 22.8 percent were aged 20-24, 7.6 percent were 15-19 years old, and 0.01 percent were under 15 (NSO 2005).

From whom should our young people learn about reproductive health, sexuality, and responsible sexual behavior? Socialization agents such as the family, peer group, church, religion and the media are crucial to the youth’s development, as they impart the values and norms of behavior acceptable to one’s society. However, officials of the Catholic Church have strongly opposed the inclusion of sex education in the curriculum of public schools, arguing that doing so would arouse young people’s curiosity about sex, encourage them to try premarital sex, and promote their promiscuity.

It is important to note that as early as 1972, the Department of Education, Culture and Sports (DECS) already had a module for sex education in elementary and high school called Population Education (POPED). Over the years, this module has been revised to adapt to changing times. However, in 2006, Catholic bishops assailed the introduction of a new module on adolescent reproductive health being developed by the Department of Education (DepEd), causing the Arroyo administration to back off from its trial run of the revised RH module. The Catholic Church has consistently maintained that the instruction of sex and sexuality to children should be the primary responsibility of the family, and of parents, in particular.

While it would certainly be ideal for families and parents to be their children’s most important source of information on sex and sexuality, this is hardly the case. Studies show that children are not very comfortable talking to their parents about it and vice versa. Based on the Catholics can support the RH Bill in good conscience: Position paper on the RH Bill 10 2002 Young Adult Fertility and Sexuality survey, only 15.7 percent of the youth aged 15-24 freely talk about sex at home with their family (Marquez and Galban 2004, citing the 2002 YAFSS 3). And if sex is even discussed by parents with their children, it is usually to admonish the latter not to do “it.” However, young people need to raise their questions and feelings about sex and their sexuality. If they are ill at ease doing this with their parents or other family members, they then turn to their peers, who are not the most reliable sources of information on sex, even as a considerable number of them engage in it. In addition, the youth seek information on sex from the media, which has been described as young people’s “surrogate parents.” The 2002 YAFS survey reveals that the youth learn about sex from pornographic materials. The majority (55%) of the youth have viewed x-rated films, whereas 39 percent have accessed pornographic reading materials (POPCOM and UNFPA 2003, citing the 2002 YAFSS 3).

In sum, although our youth are having their sexual debut at increasingly younger ages, they do so bereft of sufficient knowledge on reproductive health, particularly the consequences of early and unprotected sex. Curious and eager to know more about sex, they seek information from unreliable sources like their peers and pornographic materials, unable as they are to get that from socialization agents like their family or school. Worse, some of them learn about sex from actual experience, without fully knowing how one could get pregnant or contract sexually transmitted diseases. Access to accurate and appropriate information and services on many aspects of sexual behavior, reproductive health, and sexuality is thus needed by our adolescents and youth, in light of increasingly risky sexual behavior among a significant number of them.

The right to be informed
Recent Catholic social theology has recognized the centrality of the human person, and, relatedly, has declared the “identification and proclamation of human rights [as] one of the most significant attempts to respond effectively to the inescapable demands of human dignity” (Dignitatis Humanae 1965, no. 1). Pope John XXIII, in Pacem in Terris (1963), was the first to articulate a set of human rights, foremost of which is the “right to bodily integrity and to the means necessary for the proper development of life, particularlly food, clothing, shelter, medical care, rest, and, finally, the necessary social services” (no. 11).

One human right that has received abundant attention in Catholic social teachings is the right to be informed and to form opinions. The Second Vatican Council and the popes since Pope John XXIII have all stressed this right to information as essential for the individual and for society in general. In Pacem in Terris (1963), Pope John XXIII says, “[Man] has a right to freedom in investigating the truth” (no. 12). Similar to Pacem in Terris, the Second Vatican Council, in its document, Gaudium et Spes (1965), identifies a set of rights as necessary for a truly human life, including “the right to education… to appropriate information, to activity in accord with the upright norm of one’s own conscience… and to rightful freedom even in matters religious” (no. 26). Pope John Paul II, in Centesimus Annus (1991), likewise calls attention to “the right to develop one’s intelligence and freedom in seeking and knowing the truth” (no. 47).

The RH Bill as supportive of the youth’s right to information
Being educators, we are in favor of the RH Bill’s intent to offer “age-appropriate reproductive health education” to our children and youth. We affirm that this is key to providing young people the information and values they would need, not only to take care of their reproductive and sexual health, but also to arrive at sound and responsible decisions regarding their sexuality, sexual behavior, and family life, whether now or in the future.

In asserting the need for reproductive health education in schools, we are not negating the primary role of parents in educating their children on sex. We believe that families should provide the environment where children can raise their questions, feelings, and needs regarding sex. However, we also recognize that such discussions, in reality, rarely happen, with only, at best, one in five of the youth (15.7%) saying that they can talk about sex at home (2002 YAFSS 3). Given this, reproductive health education in schools becomes all the more imperative.

We share neither the view nor the fear that discussing sex in schools will make adolescents prurient and promiscuous. Rather, we trust that our youth have the capacity to make intelligent and value-driven choices regarding their sexuality and sexual behavior. As teachers, we believe that knowledge is empowering, and thus uphold our youth’s right to information and education on sex and reproductive health. We would like to empower them to make responsible decisions now and in the future, first by providing them correct and sufficient information on reproductive and sexual health, and second, by helping them identify, articulate, and deal with their issues and sentiments regarding sex and their sexuality.

An examination of section 12 of the RH Bill shows that reproductive health education, as envisioned, will promote values espoused by Philippine society in general, and Catholicism, in particular. “Responsible sexuality” (sec. 12.i.) and “abstinence before marriage” (sec. 12.g) and not sexual promiscuity will be encouraged, even as RH education seeks to create opportunities for young people to air out their “attitudes, beliefs and values on sexual development, sexual behavior and sexual health” (sec. 12.c). Respect for the sanctity of life will be stressed by the RH education’s “proscription [against abortion]” and lessons on the “hazards of abortion” (sec.12.d). “Responsible parenthood” (sec. 12.e), another key Filipino value, will likewise be emphasized, through, among others, discussions on the “use and application of natural family planning methods to promote reproductive health, achieve desired family size and prevent unwanted, unplanned and mistimed pregnancies” (sec. 12.f).

And who can argue against the need to instill in our children the value of “reproductive health care” (sec. 12.b), or the importance of their “reproductive health and sexual rights” (sec. 12.a)? Will our youth not benefit from being taught about the “prevention and treatment of HIV/AIDS and other STIs/STDs, prostate cancer, breast cancer, cervical cancer and other gynecological disorders” (sec. 12.h)? Will our young women not become more prepared for motherhood as a result of being educated on “maternal, peri-natal and post-natal education, care and services” (sec. 12.j)? And in case we are worried that our children in elementary school will be taught sex lessons beyond the grasp of their tender minds, we can lay our fears to rest. The RH Bill provides for “age-appropriate reproductive health education” starting from Grade Five up to Fourth Year High School, to be taught by “adequately trained teachers.” This implies that preteeners will study only such topics as the parts of the reproductive system, and proper hygiene and care of one’s body.

In sum, we believe that by upholding our youth’s right to information and education on reproductive health, we are contributing to their development into adults who will exercise their reproductive health and sexual rights, and plan their future families, with great responsibility. We close with this reassuring quote from the United Nations Population Fund: “It has been repeatedly shown that sex education leads to responsible behaviour, higher levels of abstinence, later initiation of sexuality, higher use of contraception, and fewer sexual partners. These good effects are even greater when the parents can talk honestly with their children as well” (UNFPA 2008).

A Call of Conscience: Catholics in Support of the RH Bill
After studying the provisions of House Bill 5043 in the light of the realities of Filipino women, poor families, and our youth, we, individual faculty of the Ateneo de Manila University, speaking for ourselves and not for the University, have come to conclude that the Philippines urgently needs a national policy on reproductive health and population development. We therefore strongly support the RH Bill’s immediate passage in Congress.

We further believe that it is possible for Catholics like ourselves to support HB 5043 in good conscience, even as we recognize, with some anguish, that our view contradicts the position held by some of our fellow Catholics, including our bishops. We are aware that they have denounced it as “pro-abortion,” “anti-life,” “anti-women,” “anti-poor,” and “immoral.” However, our reason, informed by our faith, has led us to believe and say otherwise.

We assert that RH Bill is pro-life, pro-women, pro-poor, pro-youth, and pro-informed choice. By giving couples, and especially women, information on and access to “medically-safe, legal, affordable and quality” family planning methods (whether modern natural or modern artificial), the RH Bill seeks to avert unwanted, unplanned, and mistimed pregnancies, which are the root cause of induced abortions. In that sense, the bill is not only pro-life but also pro-women, because it helps them to plan the number and spacing of their children, so as not to experience frequent and closely-spaced pregnancies that take a toll on their health and wellbeing. Moreover, the RH Bill seeks to improve maternal and infant health by enjoining cities and municipalities to provide an adequate number of skilled birth attendants as well as hospitals rendering comprehensive emergency obstetric care.

HB 5043 is pro-poor because it makes contraceptives (including those requiring hospital services) more accessible and cheaper for Filipinos, especially for the poorest 20 percent, who have the highest unmet need for family planning (26.7%), and 2.5 children more than they desire and are able to feed, clothe, and send to school. The bill is also pro-youth, because it seeks to provide our young people the information and values they would need in taking care of their reproductive health, and in making responsible decisions regarding their sexuality, sexual behavior, and future family life.

Furthermore, the RH Bill is pro-informed choice. In seeking to promote both modern natural and modern artificial methods of family planning (with “no bias for either”), HB 5043 recognizes that couples, especially women, have the right to choose the family planning method that they consider to be the safest and most effective for them, provided that these are legally permissible. Although natural family planning (NFP), which the Catholic Church promotes, offers many benefits, it is important to realize that pursuing an NFP-only population policy will be a disservice, if not a grave injustice, to women and couples for whom NFP simply cannot work. We are thinking of women who find it impossible to predict their infertile periods; or couples who see each other on an irregular basis; or women who are trapped in abusive relationships with men who demand sex anytime they want it. Why is it morally wrong for such women and couples and even others not encompassed by the above situations to use a modern artificial family planning method that has been pronounced safe and non-abortifacient by health authorities, if their discernment of their particular situation has led them to conclude that such a method will enable them to fulfill the demands of marital love and responsible parenthood?

At his trial, Thomas More stressed the sacredness of conscience when he said: “[I]n things touching conscience, every true and good subject is more bound to have respect to his said conscience and to his soul than to any other thing in all the world besides.” Catholic social teachings similarly recognize the primacy of the well-formed conscience over wooden compliance to directives from political and religious authorities. Gaudium et Spes (1965) tells us: “In the depths of his conscience, man detects a law which he does not impose upon himself, but which holds him to obedience. Always summoning him to love good and avoid evil, the voice of conscience when necessary speaks to his heart: do this, shun that. For man has in his heart a law written by God; to obey it is the very dignity of man; according to it he will be judged” (no. 16).
We respect the consciences of our bishops when they promote natural family planning as the only moral means of contraception, in adherence to Humanae Vitae (1968), which teaches that married couples who want to control and space births should “take advantage of the natural cycles immanent in the reproductive system and engage in marital intercourse only during those times that are infertile” (no. 16). In turn, we ask our bishops to respect the one in three (35.6%) married Filipino women who, in their “most secret core and sancturary” or conscience, have decided that their and their family’s interests would best be served by using a modern artificial means of contraception. Is it not possible that these women and their spouses were obeying their well-informed and well-formed consciences when they opted to use an artificial contraceptive?

We therefore ask our bishops and fellow Catholics not to block the passage of HB 5043, which promotes women’s and couples’ access to the full range of safe, legal, and effective modern natural and modern artificial family planning methods, from which they can choose the one most suitable to their needs and personal and religious convictions. To campaign against the bill is to deny our people, especially our women, many other benefits, such as maternal and child health and nutrition; promotion of breastfeeding; adolescent and youth health; reproductive health education; prevention and management of gynecological conditions; and provision of information and services addressing the reproductive health needs of marginalized sectors, among others. In pursuit of the common good, or the “sum total of social conditions which allow people… to reach their fulfillment more fully and more easily” (Gaudium et Spes 1965, no. 26), we call on the Catholic Church to let the RH Bill pass in Congress, and to consider forging a principled collaboration with the government in the promotion of natural family planning which Humanae Vitae deems morally acceptable, and in the formation of consciences with emphasis on the value of responsible sex and parenthood.

To our fellow Catholics who, in good conscience, have come to conclude, as we have, that we need a reproductive health law: we ask you to declare your support for HB 5043.

Finally, we call on our legislators in Congress and in the Senate to pass the RH Bill. Doing so upholds the constitutional right of spouses to found a family in accordance with their religious convictions; honors our commitments to international covenants; and promotes the reproductive health and reproductive rights of Filipinos, especially of those who are most marginalized on this issue our women, poor families, and youth.

15 October 2008

References
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* Marita Castro Guevara (Department of Interdisciplinary Studies), Raymond B. Aguas (Department of Theology), Liane Peña Alampay (Department of Psychology), Fernando T. Aldaba (Department of Economics), Remmon E. Barbaza (Department of Philosophy), Manuel B. Dy, Jr. (Department of Philosophy), Elizabeth Uy Eviota (Department of Sociology-Anthropology), Roberto O. Guevara (Department of Theology), Anne Marie A. Karaos (Department of Sociology-Anthropology), Michael J. Liberatore (Department of Theology), Liza L. Lim (Department of Sociology-Anthropology), Cristina Jayme Montiel (Department of Psychology), Mary Racelis (Department of Sociology-Anthropology), and Agustin Martin G. Rodriguez (Department of Philosophy)

***

RESPONSE 


AN INTERNATIONAL ACADEMIC RESPONSE TO SOME ATENEO DE MANILA PROFESSORS’ STATEMENT ON REPRODUCTIVE HEALTH
AN INTERNATIONAL ACADEMIC RESPONSE TO SOME ATENEO DE MANILA PROFESSORS’ STATEMENT ON REPRODUCTIVE HEALTH


‘THE PRO-RH FACULTY MEMBERS ARE GRAVELY MISTAKEN --- NO CATHOLIC CAN IN GOOD CONSCIENCE SUPPORT HOUSE BILL 5043.’

--- 42 theologians, philosophers, and professors of law, economics, demography, sociology, medicine and political science in 17 universities, six major seminaries and centers of theological studies, and one international think tank in the United States, Britain, Spain, Poland and the Middle East


OPEN LETTER


"House Bill 5043 on “Reproductive Health and Population Development” has occasioned intense debate in the Philippines and was recently the subject of a position paper drafted by 14 members of the faculty of the Ateneo de Manila University. In their statement, these faculty members stated their belief that the bill adheres “to core principles of Catholic social teaching: the sanctity of human life, the dignity of the human person, the preferential option for the poor and vulnerable, integral human development, human rights, and the primacy of conscience.” They believe these conditions of Catholic social teaching are met in Bill 5043. We, the undersigned Catholic academics, assert, however, that these Ateneo faculty are gravely mistaken in their presentation of the Church’s teaching.

"The primary reason for these Ateneo faculty members´ support of the bill seems to stem from their deep commitment to the Church’s long-held “preferential option for the poor.” Their position paper describes, heart-wrenchingly, the situation of the poor in the Philippines. High maternal mortality rates, inadequate and uneven provision of basic health care, lack of birth attendants, and lack of reproductive health information: such situations place an undue burden on the poor, and in particular on women. These women, like all women, desire to determine the number and spacing of their children, and ensure that proper nutrition, health care, and education can be provided for each member of their families. As Catholics, we have a clear obligation to ensure that all persons, particularly the poor, have the ability to exercise these basic freedoms.

"As Catholic academics, we agree that we must support civic and governmental initiatives that can aid the poor. Nevertheless, a Catholic cannot support the Reproductive Health and Population Development bill in good conscience, because the primary provisions of the bill not only fail to recognize and support the dignity of the poor, but also stand in direct opposition to Catholic social teaching. The bill focuses primarily on providing services to curb the number of children of the poor, while doing little to remedy their situation, provide necessary health care or establish the grounds for sound economic development.

"A few citations will serve to show how clear and unambiguous is the Church’s care for the dignity of the person, and in particular the poor, and how critical it is for us to heed her teachings in addressing the circumstances facing the Philippines today.

"Rerum Novarum opens with the powerful reminder that “Man precedes the state” and for that reason should not be subject to the state’s regulation of his private matters. Populorum Progressio reiterates this sentiment, stating: "No solution . . . is acceptable which does violence to man's essential dignity; those who propose such solutions base them on an utterly materialistic conception of man himself and his life. The only possible solution to this question is one which envisages the social and economic progress both of individuals and of the whole of human society, and which respects and promotes true human values."

"Perhaps no document speaks more powerfully in opposition to the main ideas in this bill than Humanae Vitae: “Therefore we base our words on the first principles of a human and Christian doctrine of marriage when we are obliged once more to declare that the direct interruption of the generative process already begun and, above all, all direct abortion, even for therapeutic reasons, are to be absolutely excluded as lawful means of regulating the number of children. Equally to be condemned, as the Magisterium of the Church has affirmed on many occasions, is direct sterilization, whether of the man or of the woman, whether permanent or temporary.”


“In reply to the claim that reproductive rights, contraception and sterilization are required in order to help the poor limit their family size and thus aid the poor by reducing the numbers of mouths to feed, Humanae Vitae states: “Others ask on the same point whether it is not reasonable in so many cases to use artificial birth control if by so doing the harmony and peace of a family are better served and more suitable conditions are provided for the education of children already born. To this question we must give a clear reply. The Church is the first to praise and commend the application of human intelligence to an activity in which a rational creature such as man is so closely associated with his Creator. But she affirms that this must be done within the limits of the order of reality established by God.”


"Artificial contraception can never be accepted by the Church as an action in conformity with the dignity of the human person because “each and every marital act must of necessity retain its intrinsic relationship to the procreation of human life.” Further, it is never valid to argue, “as a justification for sexual intercourse which is deliberately contraceptive, that a lesser evil is to be preferred to a greater one, ” as the authors of the position paper seem to suggest. While applauding efforts in the bill to provide information on both artificial and natural forms of family planning, the position paper then asserts that provision of contraceptives as essential medicines and fully covered sterilizations for indigent patients are measures that promote quality of life. This statement directly contradicts Catholic teaching, which recognizes the use and promotion of artificial contraception and sterilization as intrinsically evil. Such actions can never be promoted or justified. “It is never lawful, even for the gravest reasons, to do evil that good may come of it – in other words, to intend directly something which of its very nature contradicts the moral order, and which must therefore be judged unworthy of man, even though the intention is to protect or promote the welfare of an individual, or a family or of society in general. Consequently it is a serious error to think that a whole married life of otherwise normal relations can justify sexual intercourse which is deliberately contraceptive and so intrinsically wrong. ”


“The Church does not hold these positions to punish the poor, but rather because she recognizes that the poor have the same inviolable dignity and rights that all human persons share. What the poor need is not contraception and sterilization, but to experience authentic solidarity with those who, in responding to their innate dignity, work with the poor to enable them to develop their skills, improve their circumstances and cultivate lives that are marked by both interior and exterior freedom. This places a much more radical demand on those of us to whom much has been given (Luke 12:48); we must live and work with the poor in order to identify and enable the resources they require to live lives of authentic freedom.

"Finally, Humanae Vitae warns us that "[c]areful consideration should be given to the danger of this power passing into the hands of those public authorities who care little for the precepts of the moral law. Who will blame a government which in its attempt to resolve the problems affecting an entire country resorts to the same measures as are regarded as lawful by married people in the solution of a particular family difficulty? Who will prevent public authorities from favoring those contraceptive methods which they consider more effective? Should they regard this as necessary, they may even impose their use on everyone. It could well happen, therefore, that when people, either individually or in family or social life, experience the inherent difficulties of the divine law and are determined to avoid them, they may give into the hands of public authorities the power to intervene in the most personal and intimate responsibility of husband and wife.”


“These statements of the Church and Magisterium have been retained in all subsequent documents and reiterated in documents too numerous to cite here. These few, but clear, passages make it abundantly clear that no Catholic can in good conscience support Bill 5043. This Bill violates the Church’s teachings in the gravest manner. ”Maternal and ObGyn health
“Finally, it must be emphasized that there are two sections in the bill that should be applauded and expanded. Both Section 6 and Section 7 call for the expansion of midwives and birth attendants, as well as greater access to obstetric care. Such measures are critical to reducing maternal mortality and making progress toward the Millennium Development Goals, particularly MDG 5 (maternal health) and MDG 4 (infant health). Healthy mothers are the critical factor in assuring infant and child health.


"Unfortunately, these two sections are the weakest in the bill. Most of the reproductive health proposals of the bill are mandatory and supported through financial means, as well as through the creation of new government agencies to assure implementation. Sections 6 and 7 of the Bill, which provide the only concrete health care and services to prevent or eliminate maternal mortality, are not mandatory, and the bill earmarks neither institutional support systems nor finances for their implementation. The POPCOM, which is established in Section 5 to implement and oversee the commitments outlined in the bill, has nine specific areas related to reproductive health and reproductive health services, yet no explicit mention of any responsibility in the area of maternal and ObGyn care. This most important section of the bill - and the only section actually consistent with Catholic social teaching - has been entirely neglected in the allocation of responsibilities to the agency established to oversee its implementation.


“A bill that responds to the situation of the poor requires us to respond to their full range of needs in order to facilitate integral improvement in their quality of life. This necessitates the creation of laws that guarantee the adoption of measures, at the national and local levels, that will lead to improved access to authentic development including the provision of basic health care and access to quality education. It is measures such as these that will enable the poor to develop and thrive, and that will affirm and respect the dignity of each and every human person. This bill stops short of assuring implementation of needed medical care, while emphasizing the adoption of measures that deny the dignity and freedom of the poor. As Catholics we have a moral duty to defend and support the poor; we must demand more from our legislators and from ourselves, placing ourselves at the service of poor, ready to commit to the necessary work, sacrifice and solidarity needed to establish and build societies that will respond to authentic needs while respecting the dignity and freedom of every human person.”


Signatories as of Nov 12, 2008

1. Prof Janet E. Smith
Father Michael J. McGivney Chair of Life Ethics
Sacred Heart Major Seminary, Detroit, MI.

2. Robert G Kennedy, PhD
Professor and Chair
Department of Catholic Studies
Co-Director
Terrence J Murphy Institute for Catholic Thought, Law, and Public Policy
University of St Thomas
Mail #55-S
St Paul, MN 55105

3. Richard S. Myers
Professor of Law
Ave Maria School of Law
3475 Plymouth Road
Ann Arbor, MI 48105-2550

4. Romanus Cessario, O.P.
Professor of Theology
Saint John's Seminary
Boston, Massachusetts

5. Rev. Joseph W. Koterski, S.J.
Department of Philosophy
Fordham University
Bronx, NY 10458 USA

6. Theresa Notare, PhD
Assistant Director
Natural Family Planning Program
Secretariat for Laity, Marriage, Family Life and Youth
United States Conference of Catholic Bishops
3211 4th St., N.E.
Washington, DC 20017

7. Fr. Basil Cole, O.P.
Dominican House of Studies
487 Michigan Ave NE
Washington DC 20017
bbcole@dhs.edu

8. E. Christian Brugger, D.Phil.
Associate Professor of Moral Theology
Saint John Vianney Theological Seminary
Denver, Colorado 80210, USA

9. SC Selner-Wright, PhD
Acting Chair, Philosophy Department
Acting Director, Pre-Theology Cycle
St. John Vianney Theological Seminary
Denver, Colorado USA

10. Dr. Mary Healy
Associate Professor of Sacred Scripture
Sacred Heart Major Seminary
2701 Chicago Boulevard
Detroit, MI 48206

11. Ångela Aparisi Miralles
Philosophy of Law Professor
Directora - Instituto de Derechos Humanos
Universidad de Navarra

12. Michael Rota
Assistant Professor of Philosophy
University of St. Thomas
St. Paul, MN

13. Michael Scaperlanda
Associate Dean for Research
Edwards Family Chair in Law
University of Oklahoma College of Law

14. Richard Stith J.D.(Yale), Ph.D.(Yale)
Professor of Law
Valparaiso University School of Law
656 South Greenwich St.
Valparaiso, IN 46383-4945
USA

15. Patrick Quirk
Associate Professor
Ave Maria School of Law
3475 Plymouth Road
Ann Arbor, Michigan 48105-2550

16. Fr. Earl Muller, S.J.
Kevin M. Britt Chair in Theology/Christology
Sacred Heart Major Seminary
Detroit, MI, USA

17. Professor David Paton
Chair of Industrial Economics
Nottingham University Business School
Jubilee Campus
Wollaton Road
Nottingham NG8 1BB
United Kingdom

18. Dr. Eduardo J. Echeverria
Professor of Philosophy
Sacred Heart Major Seminary
2701 Chicago Blvd
Detroit, MI 48206

19. Jane Adolphe
Associate Professor of Law
Ave Maria School of Law
Ann Arbor, Michigan
USA, 48105

20. Teresa S. Collett
Professor of Law
University of St. Thomas School of Law
MSL 400, 1000 LaSalle Avenue
Minneapolis, MN 55403-2015

21. David Braine,
Honorary Research Fellow,
Department of Philosophy,
University of Aberdeen, UK.

22. Dr. Helen Watt
Director
Linacre Centre for Healthcare Ethics
London

23. Ligia M. De Jesus
Assistant Professor of Law
Ave Maria School of Law
3475 Plymouth Road
Ann Arbor, MI 48105-2550
USA

24. Jacqueline M. Nolan-Haley
Professor of Law
Director, ADR & Conflict Resolution Program
Fordham Law School
140 W. 62nd Street
New York, New York 10023

25. William E.May
Michael J.McGivney Professor of Moral Theology
John Paul II Institute for Studies on Marriage and Family
Washington DC

26. Evelyn (Timmie) Birge Vitz
Professor of French, New York University
Affiliated Professor of Comparative Literature, Medieval
and Renaissance Studies, and Religious Studies
19 University Place, #623, New York, NY 10003

27. Mary M. Keys
Associate Professor
Department of Political Science
University of Notre Dame
Notre Dame, IN 46556
USA

28. Mark E. Ginter, Ph.D.
Associate Professor of Moral Theology
Saint Meinrad School of Theology
200 Hill Drive
St. Meinrad, IN 47577

29. Father Daniel J. Trapp
Professor of Sacramental Theology
Sacred Heart Major Seminary
2701 Chicago Boulevard
Detroit, MI 48206

30. Maria Fedoryka
Philosophy Department of Ave Maria University
Ave Maria, FL.

31. Dr Dermot Grenham
Graduate Teaching Assistant
London School of Economics
London

32. Dr. Michael Pakaluk
Professor of Philosophy
Institute for the Psychological Sciences
Arlington, VA 22101

33. Timothy Flanigan MD
Professor of Medicine
Brown University Medical School

34. Gerard Bradley
School of Law
Notre Dame University

35. Adrian J. Reimers
Adjunct Assistant Professor of Philosophy
208 Malloy Hall
Notre Dame, Indiana 46556
574-631-7384

36. Daniel Philpott
Associate Professor, Political Science and Joan B. Kroc Institute
for International Peace Studies
University of Notre Dame

37. Aneta Gawkowska
Assistant Professor, Sociology
University of Warsaw

38. Tom D’Andrea
Philosophy
Cambridge University

39. Peter Kreeft
Philosophy
Boston College

40. J. Budziszewski
Departments of Government and Philosophy
University of Texas at Austin

41. Habib Malik
Department of History, Lebanese American University
Beirut

42. Nicholas Eberstadt
Political Economy
American Enterprise Institute
Washington, D.C.