LEGISLATORS VOTING
 on
ABORTION
 

 

Note shift from absolute statements of 1974 Declar.Procur.Abor.to more nuanced 1995 Evan.Vit.description by Pope John Paul II of possible toleration of voting for bill permitting abortion in specific circumstances

 

 

 
From the COMPENDIUM of the SOCIAL DOCTRINE of the CHURCH

Pontifical Council for Justice and Peace (2004)
 

 

 

 

 

 Chapter 12: Social Doctrine and Ecclesial Action: II. Social Doctrine and the Commitment of the Lay Faithful; (e). Service in the various sectors of social life; [4] Service in politics

 

 

570. When — concerning areas or realities that involve fundamental ethical duties — legislative or political choices contrary to Christian principles and values are proposed or made, the Magisterium teaches that “a well-formed Christian conscience does not permit one to vote for a political progrm or an individual law which contradicts the fundamental contents of faith and morals1191. In cases where it is not possible to avoid the implementation of such political programs or to block or abrogate such laws, the Magisterium teaches that a parliamentary representative, whose personal absolute opposition to these programs or laws is clear and known to all, may legitimately support proposals aimed at limiting the damage caused by such programs or laws and at diminishing their negative effects on the level of culture and public morality. In this regard, a typical example of such a case would be a law permitting abortion1192. The representative’s vote, in any case, cannot be interpreted as support of an unjust law but only as a contribution to reducing the negative consequences of a legislative provision, the responsibility for which lies entirely with those who have brought it into being.

Faced with the many situations involving fundamental and indispensable moral duties, it must be remembered that Christian witness is to be considered a fundamental obligation that can even lead to the sacrificing of one’s life, to martyrdom in the name of love and human dignity1193. The history of the past twenty centuries, as well as that of the last century, is filled with martyrs for Christian truth, witnesses to the faith, hope and love founded on the Gospel. Martyrdom is the witness of one who has been personally conformed to Jesus crucified, expressed in the supreme form of shedding one’s blood according to the teaching of the Gospel: if “a grain of wheat falls into the earth and dies ... it bears much fruit” (Jn 12:24).


NOTES

1191 Congregation for the Doctrine of the Faith, Doctrinal Note on Some Questions Regarding the Participation of Catholics in Political Life (24 November 2002), 4: Libreria Editrice Vaticana, Vatican City 2002, p. 9. [full text below]

1192 Cf. John Paul II, Encyclical Letter Evangelium Vitae, 73: AAS 87 (1995), 486-487. [full text below]

1193 Cf. John Paul II, Post-Synodal Exhortation, Christifideles Laici, 39: AAS 81 (1989), 466-468. [full text below]


 

 

 

 

 
FULL TEXTS of CITED DOCUMENTS
 

 

 

 

 

1191 CDF: Doctrinal Note on Some Questions Regarding
the
Participation of Catholics in Political Life

 

 

(24 November 2002), 4: Libreria Editrice Vaticana, Vatican City 2002, p. 9

4. The complex array of today’s problems branches out from here, including some never faced by past generations. Scientific progress has resulted in advances that are unsettling for the consciences of men and women and call for solutions that respect ethical principles in a coherent and fundamental way. At the same time, legislative proposals are put forward which, heedless of the consequences for the existence and future of human beings with regard to the formation of culture and social behaviour, attack the very inviolability of human life. Catholics, in this difficult situation, have the right and the duty to recall society to a deeper understanding of human life and to the responsibility of everyone in this regard. John Paul II, continuing the constant teaching of the Church, has reiterated many times that those who are directly involved in lawmaking bodies have a «grave and clear obligation to oppose» any law that attacks human life. For them, as for every Catholic, it is impossible to promote such laws or to vote for them. (Cf. John Paul II, Encyclical Letter Evangelium vitae, 73) As John Paul II has taught in his Encyclical Letter Evangelium vitae regarding the situation in which it is not possible to overturn or completely repeal a law allowing abortion which is already in force or coming up for a vote, « an elected official, whose absolute personal opposition to procured abortion was well known, could licitly support proposals aimed at limiting the harm done by such a law and at lessening its negative consequences at the level of general opinion and public morality».(Ibid.)

In this context, it must be noted also that a well-formed Christian conscience does not permit one to vote for a political program or an individual law which contradicts the fundamental contents of faith and morals. The Christian faith is an integral unity, and thus it is incoherent to isolate some particular element to the detriment of the whole of Catholic doctrine. A political commitment to a single isolated aspect of the Church’s social doctrine does not exhaust one’s responsibility towards the common good. Nor can a Catholic think of delegating his Christian responsibility to others; rather, the Gospel of Jesus Christ gives him this task, so that the truth about man and the world might be proclaimed and put into action.

When political activity comes up against moral principles that do not admit of exception, compromise or derogation, the Catholic commitment becomes more evident and laden with responsibility. In the face of fundamental and inalienable ethical demands, Christians must recognize that what is at stake is the essence of the moral law, which concerns the integral good of the human person. This is the case with laws concerning abortion and euthanasia (not to be confused with the decision to forgo extraordinary treatments, which is morally legitimate). Such laws must defend the basic right to life from conception to natural death. In the same way, it is necessary to recall the duty to respect and protect the rights of the human embryo. Analogously, the family needs to be safeguarded and promoted, based on monogamous marriage between a man and a woman, and protected in its unity and stability in the face of modern laws on divorce: in no way can other forms of cohabitation be placed on the same level as marriage, nor can they receive legal recognition as such. The same is true for the freedom of parents regarding the education of their children; it is an inalienable right recognized also by the Universal Declaration on Human Rights. In the same way, one must consider society’s protection of minors and freedom from modern forms of slavery (drug abuse and prostitution, for example). In addition, there is the right to religious freedom and the development of an economy that is at the service of the human person and of the common good, with respect for social justice, the principles of human solidarity and subsidiarity, according to which «the rights of all individuals, families, and organizations and their practical implementation must be acknowledged» (Gaudium et spes, 75). Finally, the question of peace must be mentioned. Certain pacifistic and ideological visions tend at times to secularize the value of peace, while, in other cases, there is the problem of summary ethical judgments which forget the complexity of the issues involved. Peace is always «the work of justice and the effect of charity» (Catech.Cath.Ch. § 2304). It demands the absolute and radical rejection of violence and terrorism and requires a constant and vigilant commitment on the part of all political leaders.


 Evangelium Vitae 73

 

1192 John Paul II, Evangelium Vitae, 73: AAS 87 (1995), 486-487.
[
political complexities and realities re. abortion-legislation]

 

 

73. Abortion and euthanasia are thus crimes which no human law can claim to legitimize. There is no obligation in conscience to obey such laws; instead there is a grave and clear obligation to oppose them by conscientious objection. From the very beginnings of the Church, the apostolic preaching reminded Christians of their duty to obey legitimately constituted public authorities (cf. Rom 13:1-7; 1 Pet 2:13-14), but at the same time it firmly warned that “we must obey God rather than men” (Acts 5:29). In the Old Testament, precisely in regard to threats against life, we find a significant example of resistance to the unjust command of those in authority. After Pharaoh ordered the killing of all newborn males, the Hebrew midwives refused. “They did not do as the king of Egypt commanded them, but let the male children live” (Ex 1:17). But the ultimate reason for their action should be noted: “the midwives feared God(ibid. ). It is precisely from obedience to God--to whom alone is due that fear which is acknowledgment of his absolute sovereignty--that the strength and the courage to resist unjust human laws are born. It is the strength and the courage of those prepared even to be imprisoned or put to the sword, in the certainty that this is what makes for “the endurance and faith of the saints” (Rev 13:10).

In the case of an intrinsically unjust law, such as a law permitting abortion or euthanasia, it is therefore never licit to obey it, or to “take part in a propaganda campaign in favor of such a law, or vote for it”.98

A particular problem of conscience can arise in cases where a legislative vote would be decisive for the passage of a more restrictive law, aimed at limiting the number of authorized abortions, in place of a more permissive law already passed or ready to be voted on. Such cases are not infrequent. It is a fact that while in some parts of the world there continue to be campaigns to introduce laws favouring abortion, often supported by powerful international organizations, in other nations--particularly those which have already experienced the bitter fruits of such permissive legislation--there are growing signs of a rethinking in this matter. In a case like the one just mentioned, when it is not possible to overturn or completely abrogate a pro-abortion law, an elected official, whose absolute personal opposition to procured abortion was well known, could licitly support proposals aimed at limiting the harm done by such a law and at lessening its negative consequences at the level of general opinion and public morality. This does not in fact represent an illicit cooperation with an unjust law, but rather a legitimate and proper attempt to limit its evil aspects.

 

98 Congregation for the Doctrine of the Faith, Declaration on Procured Abortion § 22 (18 November 1974), AAS 66 (1974), 744.: “ 22. It must in any case be clearly understood that whatever may be laid down by civil law in this matter, man can never obey a law which is in itself immoral, and such is the case of a law which would admit in principle the liceity of abortion. Nor can he take part in a propaganda campaign in favor of such a law, or vote for it. Moreover, he may not collaborate in its application. It is, for instance, inadmissible that doctors or nurses should find themselves obliged to cooperate closely in abortions and have to choose between the law of God and their professional situation.”


 

 

1193 John Paul II, Post-Synodal Exhortation, Christifideles Laici, 39
AAS 81 (1989), 466-468. [
on martyrdom]

 

 

39. Respect for the dignity of the person, which implies the defense and promotion of human rights, demands the recognition of the religious dimension of the individual. This is not simply a requirement “concerning matters of faith”, but a requirement that finds itself inextricably bound up with the very reality of the individual. In fact, the individual’s relation to God is a constitutive element of the very “being” and “existence” of an individual: it is in God that we “live, move and have our being” (Acts 17:28). Even if not all believe this truth, the many who are convinced of it have the right to be respected for their faith and for their life-choice, individual and communal, that flows from that faith. This is the right of freedom of conscience and religious freedom, the effective acknowledgment of which is among the highest goods and the most serious duties of every people that truly wishes to assure the good of the person and society. “Religious freedom, an essential requirement of the dignity of every person, is a cornerstone of the structure of human rights, and for this reason an irreplaceable factor in the good of individuals and of the whole of society, as well as of the personal fulfilment of each individual. It follows that the freedom of individuals and of communities to profess and practice their religion is an essential element for peaceful human coexistence ... The civil and social right to religious freedom, inasmuch as it touches the most intimate sphere of the spirit, is a point of reference for the other fundamental rights and in some way becomes a measure of them”(John Paul II Nuntius ob diem ad pacem fovendam dicatum pro a D. 1988, die 8 dec. 1987: Insegnamenti di Giovanni Paolo II, X, 3 (1987) 1331 et 1334).

The Synod did not forget the many brothers and sisters that still do not enjoy such a right and have to face difficulties, marginalization, suffering, persecution, and oftentimes death because of professing the faith. For the most part, they are brothers and sisters of the Christian lay faithful. The proclamation of the Gospel and the Christian testimony given in a life of suffering and martyrdom make up the summit of the apostolic life among Christ’s disciples, just as the love for the Lord Jesus even to the giving of one’s life constitutes a source of extraordinary fruitfulness for the building up of the Church. Thus the mystic vine bears witness to its earnestness in the faith, as expressed by Saint Augustine: “But that vine, as predicted by the prophets and even by the Lord himself, spread its fruitful branches in the world, and becomes the more fruitful the more it is watered by the blood of martyrs”(S. Augustine De Catechizandis Rudibus, XXIV, 44: CCL 46, 168).

The whole Church is profoundly grateful for this example and this gift. These sons and daughters give reason for renewing the pursuit of a holy and apostolic life. In this sense the Fathers at the Synod have made it their special duty “to give thanks to those lay people who, despite their restricted liberty, live as tireless witnesses of faith in faithful union with the Apostolic See, although they may be deprived of sacred ministers. They risk everything, even life. In this way the lay faithful bear witness to an essential property of the Church: God’s Church is born of God’s grace, which is expressed in an excellent way in martyrdom”(Propositio 32).

Without doubt, all that has been said until now on the subject of respect for personal dignity and the acknowledgment of human rights concerns the responsibility of each Christian, of each person. However, we must immediately recognize how such a problem today has a world dimension: in fact, it is a question which at this moment affects entire groups, indeed entire peoples, who are violently being denied their basic rights. Those forms of unequal development among the so-called different “Worlds” were openly denounced in the recent Encyclical Sollicitudo Rei Socialis.

Respect for the human person goes beyond the demands of individual morality. Instead, it is a basic criterion, an essential element, in the very structure of society, since the purpose of the whole of society itself is geared to the human person.

Thus, intimately connected with the responsibility of service to the person, is the responsibility to serve society, as the general task of that Christian animation of the temporal order to which the lay faithful are called as their proper and specific role.

 


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