Mr. FLG has got himself a comment debate going about the invitation extended to Obama to go speak at Notre Dame’s commencement and the backlash it is provoking among conservative RC’s, given Obama’s well-documented lack of concern for fetal life. (You will hardly be surprised to learn that I think it was a terrible idea.)
I’ve already contributed a bit, but I wanted to emphasize in my own post here the danger of bandying about the word “rights” in this debate.
If we are speaking of the First Amendment, we must be very careful to remember its limitations. It reads:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Emphasis on “Congress”. That means the Guv’mint. It does not mean anybody else. There are plenty of instances where even if the guv’mint cannot abridge the free exercise of religion or speech, some other non-governmental authority can. Otherwise, for example, parents would be powerless to shut up their children or make them stop watching tee vee and would have no choice but to kill them.
Now I think that this concept of 1st Amendment rights often gets turned inside out these days. People believe that freedom of speech or religion actually means a positive obligation on the part of the guv’mint to ensure that nobody curtails what they say or hear, and when or where they say or hear it. (And following the Orwellian logic of our day, that usually translates into a belief that the guv’mint has a positive duty to suppress expressions of religion in favor of a semi-official state secularism.) My favorite example of this attitude occurs almost yearly at Christmastime. There’s a middle-aged Korean guy who likes to get on the metro and sing hymns between stops. On several occassions somebody has started shouting at him “You have no right to do that here!” - presumably on the mistaken belief that the singer is somehow infringing on everybody else’s freedom of religion or speech when, in fact, he is only exercising his own.
From a 1st Amendment point of view, Notre Dame can choose to invite whoever the hell it wants, without guv’mint interference. Conversely, though, from a 1st Amendment point of view other non-governmental agents may seek to influence that choice – also without guv’mint interference. So far as I know, Notre Dame is a private university with ties directly to the Church. It certainly holds itself out as a “Catholic” institution. If there is any meaning left in that term, then this is exactly the kind of debate that ought to be had.
But as I say, this is God’s fight, not Uncle Sam’s. There is absolutely nothing legally wrong with orthodox RC’s or the Church itself opposing the bringing of Obama to campus, and of doing everything they can to get the University to reconsider its invitation. Nobody’s rights - not the students, not the faculty’s, not the Church’s, not Mr. Obama’s – are being infringed one way or the other. It isn’t even a question.

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March 26, 2009 at 6:24 pm
Fear and Loathing in Georgetown
I completely agree with you.
Originally, when Alan was referring to rights, I assumed he was talking more as norm that should be respected, which is all well and good. Subsequently, I believe he actually means rights as in constitutionally guaranteed rights, which is just silly-talk.
March 26, 2009 at 7:41 pm
Robbo
No, I see where he’s going with the religious accommodation argument. And it’s certainly true that schools and employers and the like have a legal responsibility to reasonably accommodate the religious practices and beliefs of their students and employees. But that accommodation is individual in nature and also limited in application and not, I am pretty sure, germane to the issue here. Again, it goes to the inside-out way of viewing the protection: Accommodation of a student or employee means not preventing them from doing what they will. It does NOT mean the school or employer censoring itself from taking any and all actions that they might find objectionable.
To give another example here: ND will celebrate a Mass at Commencement. I’m willing to bet there are some ND students who think Mass little better than a dance with the Whore of Babylon. Legally, ND is required to accommodate such students by, for example, not requiring them to attend said Mass. It is NOT required to accommodate such students by getting rid of the Mass altogether.
March 27, 2009 at 12:12 am
The Abbot
I haven’t had time to post on it, though God knows I want to. I am, of course, as you know, an ND grad, and I am pretty disgusted by it. I’ve written a long letter to the campus paper on it (for which I used to write, years ago), but don’t know if they’ll publish it — they say they’ve gotten hundreds of letters on the subject. The Cardinal Newman Society has an online petition which has over 172,000 signers as of right now. I think the Administration has greatly underestimated the fury of the alumni over this; I wouldn’t be surprised if Fr. Jenkins is forced to resign. He certainly ought to be.
The hero in the story is Bishop D’Arcy, who has refused to attend.
March 27, 2009 at 6:57 am
Boy Named Sous
The reaction of the ND student body makes this lifelong Pac-10 fan and USC supporter almost want to root for the Irish.
I think that you are actually a little generous and reserved in your description of the way in which people take the first amendment these days — they assumethat the freedom of speech means that the government is not only prohibited from interfering with protected speech (which they take to mean ANY speech — screw “fire in theatre” and fighting word exceptions), but that it is obligated to provide them with a bullhorn (so to speak), and furthermore, it has reached a point where they believe that they not only have a right to say what they want, but also to force you to listen.
March 27, 2009 at 7:46 pm
Kathy
Sorry to enter a frivolous comment into this deep discussion, but as a Catholic school graduate, I find the notion Alan is promoting to be incredibly funny. Since when did Catholic school students, college or otherwise, have rights? The nuns who ran my schools would be rolling in their graves at this particular bit of heresy. I can only think that the Jezzies would be equally irate.
Good thing Notre Dame’s run by the Sacred Heart, otherwise we wouldn’t have this topic of conversation to liven up a dull Friday afternoon.