Showing posts with label human rights. Show all posts
Showing posts with label human rights. Show all posts

01 April 2008

Embryos, Persons and the Mind Of God

“What one always has to bear in mind is that it’s the children that should come first - not chronologically or causally in this instance, of course, but in our thinking about what ultimately is in the mind of God for his children, as ‘our’ children have lived in his mind for all eternity. Does he want our children to be born of a father and a mother, and to grow up in the love of their father and mother? There can be no doubt, from the perspective of Christian faith, that the answer to this question is ‘yes’”.

The above is a quote from a post of mine on another blog. There it inspired a couple of comments, one of which was to the effect that if it was in God’s mind to bring children into this world through the loving union of a father and mother, wouldn’t he just do this? My reply - paraphrasing myself - was essentially ‘no’: it might be God’s will that this should happen, but our sin impedes and distorts God’s will, and must therefore be allowed to damage creation (if our freedom to choose evil as well as good is to be genuine); and that God could not arbitrarily alter the laws of biology he had made to reflect and express his loving purpose in creation simply to prevent us from abusing those laws to create and destroy human life without regard to the moral law.

This got me thinking about how we live in the mind of God, both during our temporal existence as living and breathing human beings, and in His eternity (which we view from our time-bound perspective as ‘before’ and ‘after’ our mortal lives). And how does that relate to our human personhood, and the ethics of human reproduction and embryo research?

My point is this: from the perspective of faith, human life by definition is always personal in the sense that it is an embodiment - a bodily image or reproduction - of the personhood of God himself: Father, Son and the love of the Spirit that unites them and gives rise to the whole of creation as the expression and reflection of the divine love and self-understanding (the Word). In this light, insofar as any actual human life form comes into existence, it necessarily has this essential personal character - as part of its DNA, one might say. This is the case from the moment of conception: the human person that has lived in the mind of God for all eternity now also lives in a time-bound, physical form. The Concept (the Word) has manifested itself in a material body: conception; the Word becomes flesh; a human being is made in God’s image. That human personhood is therefore as complete in a single fertilised ovum or a collection of undifferentiated embryonic stem cells as it is in a newborn baby or mature adult: alive, and able to survive and prosper outside the womb.

When I say that this intrinsic personhood of human life is built into our ‘DNA’, this is also a reference to the fact that, with respect to our genetic inheritance, we are all the expression and product of the union of our biological father and mother, even if the loving moral and spiritual union of our father and mother that God wills for us was absent from the specific biological process of our conception. God loves us into being even when love is absent from the human reproductive processes involved.

Those who attempt to morally justify embryonic stem-cell research seek to do so by denying that undifferentiated embryonic cells do constitute a ‘human person’ or ‘human being’ that might have rights similar to those of born human beings or even foetuses, such as the right to life; the right not to have medical experiments conducted on one’s body / person against one’s will; or the right not to have one’s fundamental genetic structure manipulated and combined with that of other species. It is doubtless scientifically and descriptively true - looking at the question from a materialist perspective - that a collection of undifferentiated embryonic cells does not (yet) have the characteristics that one tends to think of as defining personhood: the beginning of the formation of a recognisably human body, with all the immensely complex variety of cell and tissue types, and bodily organs.

But firstly, the religious - or certainly, the Catholic Christian - moral objection to stem-cell research is not based on such a definition of personhood: the bodily characteristics that appear to denote our status as human beings and persons are in a sense only the ‘outer’ material form of our personhood that in essence lives and exists in God. Once those cells exist, a human person that lives in the mind of God has begun to unfold in time and space, and to reveal and be a small but integral part of God’s loving creative and redemptive purpose.

Secondly, from a purely logical perspective, it is quite arbitrary to declare that after, say, 14 days from conception, what had previously been regarded as a mere collection of undifferentiated cells is now to be regarded as an embryonic human person with rights that it did not have during the first two weeks of its existence. The embryonic person would not exist now had it not gone through 14, or however many, days of undifferentiated-cell existence. This is a continuous process; and to declare that in the later stages of its development, the embryo has a humanity or personhood (humanity defined as personhood) that it did not have in the necessary earlier stages that went before seems completely illogical and self-serving; and it flies in the face of our intuitive perception of when our lives as human persons begin: from the moment of conception when the DNA structures that define who we are started to be laid down.
Besides which, the time limit from which embryos and foetuses are recognised as human beings or persons with legal and human rights is arbitrarily moveable depending on the purpose that is being justified: 14 days in UK legislation with respect to regulating stem-cell research, but 24 weeks when it comes to the legal limit for abortions. When does an unborn human person become a full human being and, as it were, a citizen with full legal rights? It appears to be the case that what defines the threshold for an embryo or foetus to be recognised in law as a human person in this way is merely the point at which they become physically (visually) recognisable as viable, autonomous human entities from the particular perspective that is invoked: that of the medical researcher who recognises that, beyond a certain point, he is extracting cells not from an amorphous, undifferentiated mass but from an actual living embryo that is starting to take on the visual, albeit microscopic, form of a human body and person; or the perspective of medical practice and childbirth, where the 24-week abortion limit was based on the latest stage at which a foetus could not survive if plucked untimely from the womb - a time limit which, for that very reason, is being revised in the current UK Human Fertilisation and Embryology Bill, as medical advances have made it possible for foetuses to survive from an earlier age.

This really is a rather primitive and, indeed, material, irrational and superstitious way to decide when an unborn human entity becomes a human person: simply when it corresponds to our bodily image of a human being - paradoxically defining the humanness of unborn life purely in relation to the appearances and conditions for survival of born life. The unborn clearly don’t stand a chance if the odds are so heavily weighted against them. In reality, the vision of faith and the science in this matter fundamentally concur; at least when the science is logically understood as describing a process whereby recognisable bodily-human personhood (what we think of as our existence and personhood) necessarily begins in the undifferentiated (’unrecognisably’ human) embryonic stem-cell state. If we are living human beings and persons now, that is because what we are now was already laid down and was potential within what we were from the moment of our conception - and, in the light of faith, within the eternal mind of God.

This is why, for me, it is so revealing that the Human Fertilisation and Embryology Bill, which has provoked such heated debate in the UK during the last week owing to prime minister Gordon Brown’s initial refusal to allow his Labour Party MPs a free vote on its morally controversial aspects, should sanction such diverse measures as the creation of hybrid human-animal embryos for the purposes of stem-cell research, and the removal of a legal reference to the ‘need for a father’ on the part of children born to Lesbian couples through IVF or other assisted-conception treatment. This latter provision extends to the very birth certificate of such children, in which it will now be possible for both women to be registered as the real (biological) parents, even if neither of them actually are the genetic parents (for instance, if a fertilised egg from another couple is used as opposed to IVF using the eggs of one of the women). This means that such children are officially without a father. They retain their existing legal right to try and trace their genetic father as soon as they reach the age of maturity (18 in the UK); but they will never be allowed to officially recognise that person as their true father - in the eyes of the law, he becomes a ‘mere’ sperm donor and no more.

The thread that these two measures in the Bill have in common is that they involve a denial of those two aspects of unborn human life that are fundamental from its very beginning: that it is personal and a product of the union of a man and a woman, in the sense that, from conception, the human entity is an individuated, unique and living combination of the DNA of its parents - DNA which in turn defines their personhood. And from the faith perspective, the unborn human being is also of course sacred: a living human person ultimately made by God in his image, which we are therefore commanded to respect and protect. And such is, not just the vocation of the believer, but the true calling of science: not so much to determine the ‘mind of God’ through empirical and theoretical enquiry into the material world that is in God but is not God; but to seek ways to cure the ills of our mortal existence that do not violate the purity and beauty of human life that is called in Christ to share God’s mind and love for all eternity.

21 September 2007

Love of God or Love of Self: Homosexuality, Christian Ethics and Social Mores

They had Graeme Le Saux, the former England international footballer, on BBC Radio Four's Today programme on Tuesday of this week. He was talking about how, as a player, he was the object of innumerable insults and taunting for supposedly being gay, which he claims not to be. In 2002, I was present at a Spurs vs. Chelsea match where the Spurs home supporters did indeed mercilessly mock Le Saux for his gayness. I should add that this didn't prevent him from, as they say, playing a blinder and scoring the final goal in Spurs' 4-0 defeat – much to my chagrin at the time!

On the Today programme, Le Saux – who was promoting his autobiography – made the point that it is somewhat ridiculous and out-of-date that there should be such hostility and prejudice towards gays in the footballing world given that there is now so much openness and acceptance of homosexuality in all walks of life. On one level, this is of course true: dressing-room insinuations about a player colleague's sexuality smack of immature schoolboy humour, and there is clearly safety in a crowd in singing homophobic anthems from the stands.

On the other hand, football is one of the few heterosexual male-only preserves in our culture, and many of the men who play or watch the game would like to keep it that way. If they join in the gay-baiting, they are obviously in the wrong; but are they entirely wrong in feeling the way they do? It is the most natural thing in the world, or at least in human cultures, for men to seek heterosexual male-only activities as the occasion for so-called male bonding. In a culture in which women have increasingly – and justly so – asserted their rights to participate and compete in areas of society that were previously a male preserve, many ordinary straight men – not people one would think of as being reactionary or homophobic – feel inhibited from seeking and enjoying safe outlets for a bit of 'harmless' macho aggression, such as football.

But we're talking about attitudes to gay men here, not women. Well, yes and no. The point is football serves the purposes of straight male bonding: providing an outlet for men not just to display aggression but also affection for each other that is not tinged by other sorts of feelings. In English society, men are particularly inept at expressing their feelings of friendship for one another; so this typically needs to be enabled by a context that both draws men together in a common cause and allows them to behave in a way that demonstrates to their companions that they are masculine and straight – for example (but not necessarily) by making lewd remarks about women and derogatory remarks about gays. Clearly, gays are not welcome in such a 'club' of like-minded, red-blooded males. And if a member of the opposite club (i.e. the other team) can be insulted for their inadequacies as a man and put off their game by being slagged off as gay, then all the better. So while instances of homophobic chanting such as that directed towards Graeme Le Saux in the game I watched are clearly unacceptable and distressing, they could also be described simply as a group of men venting a bit of non-physically violent aggression and finding any excuse to jeer at their tribal rivals.

Hence, football provides for many men the opportunity to celebrate masculine prowess and enjoy male friendships in a way that poses no threat to their sexual orientation or gender identity. The growing involvement of women in the game probably adds to the feelings of anxiety that this male preserve is being encroached upon; it's just that gays, in traditional male society, are a more acceptable object of derision than women. Football is one example of more general anxieties felt by men to a varying degree, whereby the growing equality of women with men is perceived as leading to an increasing masculinisation of women (becoming physically stronger, socially more powerful and sexually more assertive) and a corresponding feminisation of men: encouraged to get more in touch with their feelings – traditionally thought of as a weakness; increasingly displaced by women from positions of power, e.g. in business, the family and the Church; and finding themselves presented as the (often inadequate, derided) object of feminine desire – or of gay desire.

This general cultural context provides a backdrop for understanding last week's expulsion of the middle-aged comedian Jim Davidson from the ITV reality-TV show Hells Kitchen. This was brought about by him asking the gay contestant Brian why 'shirt lifters' such as him always put on a particular camp facial expression. Brian took umbrage at the supposed homophobia of Davidson's words; and the comedian appeared to only add insult to injury when he later attempted to apologise by saying he understood where Brian was coming from and that he knew that GAY stood for 'as good as you'. Judging from the reactions of Brian and other contestants, this was clearly perceived as constituting another slur on gay people: either because it imputed to them an aggressive over-assertion of their rights (as Adele, the chief defender of Brian said, the correct phrase should be 'equal to you'); or because it was interpreted as being a sarcasm. Davidson was promptly asked to leave the show by its producers, as they couldn't risk the situation getting out of hand and generating a barrage of viewer complaints and regulatory criticism such as those which resulted from the so-called Shilpa Shetty racism row in Celebrity Big Brother earlier in the year (see my post of 23 February, The Amoral Market and the Randomness of Reward).

But were Davidson's remarks homophobic? I didn't think so. They were in keeping with Jim Davidson's comic style, characterised by humour appealing to the traditional male heterosexual audience: lots of jokes about gays and women. But Davidson is clearly used to getting as good as he gives; and in his circle, which indeed includes lots of gay performers, he would expect a remark such as his to be reciprocated with an equally cutting, sarcastic response – for instance, turning around the phrase 'shirt lifter' into a derogatory remark about middle-aged 'skirt lifters'. Instead, Brian just went into a wounded sulk, and some of the younger participants who thought Davidson had been completely out of order clearly did not understand or appreciate the humorous intent behind his comments. The point was that Davidson had overstepped the mark of acceptability. The goalposts have moved since Davidson was in his prime in the 1980s. Now, anything that implies hostility towards the inclusion and advancement of gays and women in roles traditionally reserved for straight men (such as the very masculine professional chef in Hells Kitchen, Marco Pierre White; or indeed, the stand-up comedian) is strictly taboo. Never mind that Brian, according to Davidson, had made a catalogue of unrepeatable remarks to him (not broadcast). Brian is a performer and comedian – his comedy and sexual insinuations are acceptable; Davidson's macho heterosexual humour is not.

The question about precisely where the boundaries of acceptability lie in relation to homosexuality is a really crucial one, for society and the Church. Leaving aside the related issue of how acceptable are ostensibly harmless, playful manifestations of macho behaviour and attitudes in general, there is a serious question about the extent to which 'public opinion' is now prepared to tolerate expressions of criticism, opposition or unease in relation to active homosexuality. For instance, is the taunting of supposed gays by football crowds really as bad as racist chants and obscenities, as Graeme Le Saux claimed? Liberal opinion would doubtless say that it is; but there is a difference between trying to wind up a player from the opposing team by mocking them as gay – when most people probably realise this isn't in fact true – and deriding someone for their ethnicity, which is an inescapable fact. The former is more an expression of aggressive support for the team, allied to ridicule of something that challenges heterosexual maleness; the latter is primarily an expression of real hatred.

An example of the shifting boundaries of acceptability in this area that is more far-reaching in its implications is the issue of adoption by gay couples, which has been the subject of several posts in this blog (see, for example, my post of 11 September). One of the conclusions that can be drawn from the whole stand off between the Church and the political establishment on this question towards the start of this year is that it demonstrates that it has become increasingly unacceptable in secular society to treat gay and lesbian people in any way differently from straight persons based on a moral condemnation of the gay lifestyle. If the decisions of our legislators do in fact reflect the general consensus of opinion, the eventual passing of the Equality Act without any special exemption for Christian adoption agencies could be taken as showing that the Church's moral beliefs about homosexuality are no longer shared by – indeed, are unacceptable to – the majority.

Another way to put this is that the civic and judicial principles of equality and human rights have encroached on another piece of the Church's traditional terrain: what the Church, along with the majority of society, has previously condemned as morally wrong is now declared as a human right; and gay sexual relationships (and by extension, the suitability of gay couples to become adoptive parents) are considered in effect to be morally equal to straight relationships, whether formalised in marriage or not.

It's worth observing at this point that this 'moral equality' corresponds more to an idea that gay relationships are equivalent to / 'equally as valid' as (no less but equally no more valid as) straight ones than to an idea that they represent an intrinsic, positive moral good – in the way that heterosexual marriage and traditional family life are generally accepted as being good in themselves. And this is because human rights are not the same as the moral right: they are morally neutral and content-less, essentially because what they constitute is freedoms; and freedom in itself is not a moral value but is rather the condition for making truly moral choices. For example, most people would accept the proposition that citizens of a free country should have the right to commit adultery, and many regard it as a woman's right to abort unwanted foetuses; but probably most people would regard both actions as not morally right – or at least, certainly not positively good. Similarly, while the majority may accept that it should be gay couples' right to adopt children, I doubt whether the majority believes this is better for most children than adoption by a father and mother – although it may in fact be better for some. Equally, it probably still is the majority view that homosexuality is not really 'normal' or 'natural' in quite the same way as heterosexuality – however these terms are defined – and, for this reason, gay relationships are not quite as 'wholesome', beautiful or conducive to true happiness as straight ones. But, partly out of sympathy for persons 'afflicted' in this way – and who therefore, it is thought, won't be able to have children – and partly out of guilt for society's past treatment of homosexuals, it is no longer acceptable to assimilate this sort of evaluation of homosexuality with any kind of moral judgement that it is 'wrong' or 'not as good as' heterosexuality. Or indeed the opposite of this: that homosexuality is as good as or better than heterosexuality. Any kind of valuation along the scale from good to evil is viewed as unacceptable; and an amoral equality suspends and takes the place of moral judgement. As Adele in Hells Kitchen put it, gay people are equal to straight, not as good as you, in Jim Davidson's words. From a traditional judgement that homosexuality is wrong, we've moved to a judgement that to make that moral judgement itself is wrong. But let's not dwell on the irony that it's the denizens of hell's kitchen who are the advocates of that view!

But do people really think that the traditional moral condemnation of homosexuality is wrong; or is it rather the case that it's just viewed as inappropriate to express it verbally and in one's actions? Jim Davidson's 'sin', as it were, was his perceived verbal violence towards Brian, viewed as a form of bullying and intimidation: he wasn't wrong to hold whatever views he does hold about gays; but he should have just kept them to himself. How can this be unpacked? Liberty and moral equality means that anyone is entitled to believe whatever they like and define their own morality. So, to be consistent, Davidson couldn't be condemned for his beliefs but only for the actions that flowed from them. These were seen as expressing an aggression directed against Brian's right to compete in Hells Kitchen and a slur on his personal morality.

These two ideas converge in the concepts of intrinsic human dignity and value. Because the secular-liberal ideas of rights and liberty are morally neutral, the concept that is used to transform them into positive moral values in their own right is that of the fundamental dignity and goodness of the human person. By making the universal dignity of the human person the place and source of moral goodness and value, this makes it impossible to make categorical moral judgements about a person based on their actual behaviour and desires. Whatever these may be, it is thought, they cannot impair the fundamental goodness of that person as a human being. That's why the liberal can morally condemn a person, rather than an action, only by labelling them as inhuman; and why psychopathic despots such as the Nazis can justify attempting to kill off whole races only by making them out to be sub-human.

The point of this is that any moral judgement, real or imagined, of someone that is associated with a characteristic viewed as defining them as a human being (e.g. homosexuality) is taken by the liberal – insofar as it is a moral judgement – as an attack on the dignity of that person, not a criticism of the morality of their behaviour or desires. Making jokes about 'gay shirt lifters' is an attack on them for being gay not a wry observation about their shirt lifting, which may contain a germ of truth. And the more that gay persons – and justly so – take a stand on their common humanity and equality, the more it becomes impossible to morally criticise any of their actions without appearing to condemn them as persons.

This presents a problem for the Church, which has always made a distinction between condemning the sin but not the sinner: it's not wrong for a person to be gay, but it is wrong for them to indulge in and act upon their desires. While there is a valid logical and ethical distinction between judging a person and judging their actions, in practice, it is often hard to tell them apart. The Church greatly contributes to society's perception that it condemns gay people for being gay rather than for their behaviour through the logic and tone of the language it uses to set out its position and teaching. Let's take the case of the opposition of some in the US Episcopalian Church to that Church's ordination / consecration of openly gay priests / bishops and the blessing of gay unions, chronicled in an interesting article this week in the Wall Street Journal. The terms in which the condemnation of such priests and unions is often expressed both logically and implicitly involve judging the person as well as their actions. The bone of contention is not just that some of the priests involved are in gay sexual relationships but that they are 'openly gay'. But, of course, you can be openly gay without being sexually active. The controversial gay bishop of New Hampshire, Gene Robinson, claimed that his gay partnership was 'celibate' / non-sexually active. It is as if the Church really is perpetrating what liberal defenders of gay rights and the likes of Brian perceive to be the case: that their moral criticism of behaviour implies impugning the dignity and goodness of the person as gay.

This impression is certainly supported by the lurid tone and imagery that's often used. The above Wall Street Journal article refers to the belief in the Ugandan Church, where dissident Episcopalian clergy have been consecrated as bishops, that homosexual acts are Satanic. By inference, one cannot imagine they would have too understanding a reaction to anyone, ordained or not, who came out as gay, even if they were committed to leading a celibate life. Do the conservative Episcopalians really wish to align themselves with such opinions? But they are not that far removed from the language and attitudes of conservative Christians of all denominations, and not just in the USA, some of whom draw support from the Old Testament teaching (as quoted by the Wall Street Journal article), “Thou shalt not lie with mankind, as with womankind: it is an abomination”.

Such views about homosexuality, active or not, are simply not shared by most people in Western societies and, arguably, by most Christians in those societies, too. Would any reasonable person not in fact think that using this sort of language implies a repudiation of homosexuality per se as well as an objection to homosexual behaviour, especially as many churches clearly don't bother too much to make this ethical distinction in the first place? If you regard gay sex as Satanic, then an openly gay person must logically be seen as being under the influence of Satan; which can then lead to the attempts made by some churches to 'exorcise' or 'heal' gay persons of their homosexuality. And it is also an obvious observation that even rational ethical teaching critical towards homosexuality can provide a 'safe' outlet for expressing a characteristically heterosexual repugnance towards the idea of gay sex acts, which strictly speaking has nothing to do with ethics. The fact, for instance, that you personally might find the idea of gay anal sex abhorrent doesn't of itself validate your belief that it is morally wrong; but the belief that it is morally wrong can provide an apparently reasonable justification for expressing homophobic feelings about it.

Even the more rational and tradition-heavy language used by the Catholic Church in its teaching about homosexuality presents huge difficulties in terms of bolstering the liberal view that the Church is simply stuck in the Dark Ages in its thinking in this area. For example, the use of the term 'unnatural' to describe gay sex is extremely difficult to explain or justify to non-believers. In two major respects, this classification is viewed by serious secular opinion as being completely inappropriate to describe homosexuality. Firstly, according to the empirical-scientific understanding of nature, homosexuality is a completely natural phenomenon: a universal characteristic of human societies and psycho-sexuality throughout the ages, for which many possible explanations have been brought forward by both the natural and human sciences. Secondly, from a philosophical point of view, the term 'natural' is regarded as highly problematic and relative. What any given society regards as natural is viewed as being determined to a very large extent – but not necessarily exclusively – by contingent cultural factors: it used to be thought unnatural for women to want to pursue careers, but now it's not; similarly, it used to be thought in Western societies that homosexuality was unnatural, but now it's largely not.

But when the Church uses the concepts of natural / unnatural, it's using them in a different sense from these secular understandings of the terms. The Church is of course referring to the concept of the divine Order of creation, lost through sin, and restored in Christ. Homosexuality, in this context, is considered unnatural because it goes against the purpose for which sexuality was made: to be the means through which human beings are called to share in God's creation of new life, making the union of husband and wife an objective, real union with and in Christ. And this is not, as is often thought, merely about procreation. God's work of bringing new life into being that married persons are called to share relates to the entirety of the cycle of creation and redemption in Christ: not just bringing a new human being into this world and into the life of the sin-bound flesh; but helping to bring them into the new and everlasting life of the Spirit, into which this life is but a slow and painful process of being born.

Sexuality is therefore intrinsically linked to our Christian vocation: to a calling to be led by God into a life of holiness and of the Spirit that ultimately transcends the needs, desires and values of a merely material world. The Order of nature from which homosexual behaviour is said to fall short – to be 'disordered' – therefore refers not primarily to the empirical nature of the scientists or the culturally specific world of the socio-anthropologists, but to a creation restored to union with God in Christ, of which this present, secular world is but a patchy blueprint.

Without a clear presentation of this metaphysical context for Christian beliefs about the role and place of sexuality, the teaching on homosexuality cannot fail to appear to be merely a form of outdated prejudice flying in the face of objectively observable fact. Simply discussing the issues using terms such as unnatural and disordered – because they are regarded as just not epistemologically accurate – then appears intellectually uncritical and homophobic. The Church must find contemporary language to put across its precious spiritual inheritance: not by changing the traditional teaching but translating and presenting it in clearer, more modern terms.

For starters, the Church has to overcome the impression that its teaching is that heterosexuality in general (however it is expressed) is of itself natural / good, and homosexuality (whether actively expressed or not) is always unnatural / evil. According to my understanding, at least, of Church doctrine on the order of nature as creation, the opposition is really between sex within marriage [good, holy] and (gay or straight) extra-marital sex [sinful, unholy], not between heterosexual and homosexual sex. Extra-marital heterosexual sex is to be considered unnatural and disordered, in a similar manner to homosexual sex, because it is a case of the couple using sex for their own gratification and purposes (which could even include having children) in a manner that is closed off from the life in Christ of which their loving sexual union is intended by God to be seal and symbol: a bringing together of the dual creative and redemptive work of Christ – creation of a new human being in the flesh and a commitment on the part of the couple to share in Christ's loving work of redemption and spiritual rebirth in that child.

According to this view, becoming involved in a sexual relationship (gay or straight) outside of the divine purpose for which sex was created necessarily leads to a person being drawn away from their vocation to a life of holiness and dedication to the loving service of God. For unmarried persons – some straight persons and, by definition, all gay persons – this vocation can therefore be lived out fully only in a celibate life. But, by the same logic, most people haven't attained true holiness yet and, therefore, many cannot sustain celibacy; and, indeed, it is unsustainable without dedication to a life of holiness and spiritual conversion. Therefore, we should be very wary about appearing to condemn sexually active gay individuals – whether avowedly Christian or not – unless we are prepared to condemn ourselves for our own misdemeanours, including the all-too frequent deviations from sexual holiness (chastity) on the part of married or unmarried straight persons: lusting after persons other than one's spouse; indulging in conjugal sex that is not open to the creative-redemptive purpose God intends for it; infidelities and one-night stands; etc. Judge not lest ye be judged.

Therefore, the Church has to find a language to put across the context of the call to holiness and to a new life in Christ and in the Spirit that is the foundation of its teaching about homosexuality. It's not wrong to be gay; but acting upon, and building one's life around, the desires that being gay induces can lead one away from knowing and loving God – from the meaning of life itself and the core of one's very being. Perhaps, in pastoral work and teaching, as well as referring to gay sex in the formal, doctrinal sense as unnatural and disordered, we could use terms such as 'alienated / alienating' (from one's true vocation); 'non-holy' (orientated towards material and temporal priorities, rather than eternal, spiritual ones); and 'non-vocational' (a gay life that ignores the traditional teaching about our Christian calling, rather than one which tries – albeit imperfectly – to conform itself to that teaching).

Moral objections to active homosexuality, if expressed in these or similar terms, and with reference to the full context of Christian belief, could begin to be understood as what they properly are: not an attack on but rather a defence of the person – a call for each of us to relinquish our self-love and, in so doing, embrace the love of God.

06 July 2007

Control Orders: A Better Alternative

The trouble with Control Orders - the UK security measure whereby terror suspects against whom a conventional legal case cannot easily be built can effectively be placed under indefinite house arrest - is that in practice they embody a presumption of guilt. This is in contrast to the long-established British legal convention that a suspect is to be considered innocent until proven guilty. Yesterday, the government launched an appeal to the House of Lords against a legal ruling previously obtained by six Iraqi Control-Order detainees that their detention violated their rights to liberty and a fair trial.

As in all such cases, it is important to try to strike a balance between the legal and human rights of suspects, and the right of the public to be protected against potential murderers. But the de facto presumption of guilt is clear: if the police who press for a particular suspect to be controlled did not think that the evidence they had gathered strongly suggested the person in question was a terrorist, then there would be no point in the measures - other than the exercise of political coercion to try to intimidate radical groups and individuals into behaving in a more moderate manner. But while a sense of injustice persists about the way in which suspects’ guilt is accepted by the judges who ratify Control Orders, so the suspicion that these measures are just such a coercive political measure will linger, to the detriment of the so-called battle to win hearts and minds.

There is an alternative that would bring more fairness back into the legal process surrounding suspects of this sort. If indeed there is a presumption of guilt, why not formalise this and say that it is then down to the suspect to demonstrate his or her innocence through a fair, open judicial proceeding? The suspect would have the right to know on what basis their guilt was being presumed and could appoint a legal team to build a case in their defence. The issue could then be decided in an adversarial manner just like any other case (albeit that, for security purposes, this might not involve a jury). The difference from the assumption of innocence would be that if, on the balance of evidence, it was not conclusive whether the individual either was or was not a terrorist, the Control Order or other restrictive measure would remain in place - subject to fairly regular (e.g. six-monthly or annual) review. If the verdict was guilty, however, this would enable the suspect to be imprisoned, thus doing away with the anomalous legal no-man’s land of the current system. And obviously, a not-guilty verdict would allow the individuals affected to regain their rightful liberty.

Clearly, there are potential pitfalls behind this idea, and legal safeguards protecting both the rights of the individual and the prerogatives of the state would need to be put in place. The main issue would be whether society would be able to accept a derogation from the presumption of innocence and would be able to overcome concerns that this would lead to further erosion of this basic right. But under the present set up, the presumption of innocence is in fact not working either to protect the rights of suspects or the state’s duty of protection. It’s because the formal process of law demands that the accused be presumed innocent until proven guilty that the case against them can’t be taken to court and the suspects are left in a legal limbo. And because a democratic state can’t arbitrarily impose imprisonment without trial, it has had to come up with the Control Order compromise; but this is not secure, as recent evasions have demonstrated - so society is not being protected.

The limited admission of a formal presumption of guilt that I am advocating would recognise the realities of fighting terrorism, which are that absolute guilt is sometimes impossible to prove beyond all reasonable doubt and that therefore guilt is having to be presumed in certain cases. And, at the same time, this would allow suspects to be given a fair hearing and chance to exonerate themselves if indeed they are without blame. And this would also defuse the charge made in some quarters that Control Orders are politically motivated and are placing the legal system at the service of an oppressive, anti-Islamic state.




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