A Contraception Controversy -- and an ATL Debate
Getting upset over inadequate access to contraception is one thing. What about getting upset -- at a Catholic law school, mind you -- over a discussion of birth control? Can you imagine what kind of comments about contraception could cause a law school community to get all riled up? Let's look at -- and argue about -- the email that caused students at one top-ranked Catholic law school to get their diaphragms all scrunched up proverbial panties in a wad. Even the dean had to get involved....
UNIVERSITY OF NOTRE DAME LAW SCHOOL — EMAILS REGARDING CONTRACEPTION
Email #1 — Contra Contraception
Dear NDLS,
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Have you ever wondered why the Catholic Church has such a problem with contraception? Why don’t any Protestant denominations oppose contraception? Isn’t this a very personal decision that should be left to the consciences of the couple? What about the problem of over-population? Isn’t natural family planning just Catholic contraception in disguise? Is there a connection between contraception and abortion? Same-sex marriage?
Tomorrow (Wednesday) at 12:30pm in Room 3130, Professor Charlie Rice will present the Catholic Church’s teaching on contraception and discuss the intrinsic links between contraception, abortion, and same-sex marriage. Pizza will be provided.
“Fecundity is a gift, an end of marriage, for conjugal love naturally tends to be fruitful. A child does not come from outside as something added on to the mutual love of the spouses, but springs from the very heart of that mutual giving, as its fruit and fulfillment. So the Church, which is on the side of life teaches that each and every marriage act must remain open ‘per se’ to the transmission of life. This particular doctrine … is based on the inseparable connection, established by God, which man on his own initiative may not break, between the unitive significance and the procreative significance which are both inherent to the marriage act.” Catechism of the Catholic Church 2366.
“If … there are well-grounded reasons for spacing births, arising from the physical or psychological condition of husband or wife, or from external circumstances, the Church teaches that married people may then take advantage of the natural cycles immanent in the reproductive system and engage in marital intercourse only during those times that are infertile, thus controlling birth in a way which does not in the least offend the moral principles which We have just explained.” Pope Paul VI, Humane Vitae.
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“In destroying the power of giving life, through contraception, a husband or wife is doing something to self. This turns the attention to self and so it destroys the gift of love in her or her. In loving, the husband and wife must turn the attention to each other as happens in natural family planning, and not to self, as happens in contraception. Once that living love is destroyed by contraception, abortion follows very easily.” – Mother Theresa of Calcutta
“[F]or two decades of economic and social developments, people have organized intimate relationships and made choices that define their views of themselves and their places in society, in reliance on the availability of abortion in the event that contraception should fail.” Planned Parenthood v. Casey, 505 U.S. 833, 856 (1992).
“Contraceptives are an insult to womanhood. The difference between a prostitute and a woman using contraceptives is only this, that the former sells her body to several men, the latter sells it to one man.” – Mahatma Gandhi
Pax et bonum,
[Contra Contraception]
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Email #2 — Contra Contraception
Dear NDLS,
I am deeply sorry for having offended many of you, whom I respect and care about, by including the Gandhi quote in my previous email to the student body. I was wrong to include that quote, and I regret that my actions reflected negatively on Notre Dame Law School and the Saint Thomas More Society. My sincere apologies.
[Contra Contraception]
Email — Dean Nell Newton
Dear Students:
I understand that the president of the St. Thomas More Society has included an inflammatory quote in a message on the student listserv, comparing women who use contraception to prostitutes.
This Law School is a unique community where students of many faiths and from many backgrounds support each other in pursuing our common goal to prepare for a life in the law. Many times I have been proud of the ways you have helped each other during times that have been difficult for your classmates. You recognize the common humanity and dignity of every classmate and are always willing to step forward when help is needed.
Applicants often ask me whether our school is a welcoming environment for students who are not Catholic and I assure them that the essence of our faith is love and students of all faiths or of no faith will be equally valued by their colleagues and professors. Many of you who have written me in dismay have agreed that we have been successful in creating a uniquely supportive and collegial atmosphere where differences can be debated and discussed with civility and empathy.
The student listserv is not an open forum. Nor is the decision to forward a message an endorsement of the message. Officially recognized student groups may use the listserv to make announcements to the community about meetings and events. It is my understanding that at present, student groups submit messages in advance to [redacted who] reviews the messages for limited purposes, primarily to ensure that messages have been sent by a recognized student group and that the messages do not put the law school in the position of endorsing illegal activity. He does not otherwise examine messages to determine if the content is appropriate.
Nevertheless, I understand that because there is a limited review, students believe we have approved the message. Thus, I have asked for a review of our policies regarding sending student organization information to the student listserv. It is my belief that a sound policy permitting students to send information on the listserv is consistent with a policy that would have sent this email back to the sender as unacceptable. A touchstone for making this determination should be the Notre Dame Spirit of Inclusion: “We consciously create an environment of mutual respect, hospitality and warmth in which none are strangers and all may flourish.”
Nell
Email that Lat wishes Dean Nell Newton had sent instead
Dear Students:
I understand that a recent message from the St. Thomas More Society has caused some concern within the Law School community. I would like to take this opportunity to clarify the operation of the student listserv.
Officially recognized student groups may use the listserv to make announcements to the community about meetings and events. At the current time, [redacted] reviews the messages for limited purposes, primarily to ensure that messages have been sent by a recognized student group and that the messages do not put the law school in the position of endorsing illegal activity. He does not otherwise examine messages to determine if the content is appropriate. Accordingly, the appearance of a message on the listserv should not be treated as an endorsement of the message by the administration.
In a vibrant academic community devoted to the training of future lawyers, vigorous advocates may sometimes say or write things that others find offensive or distasteful. If you cannot handle the occasional sharp or hurtful comment, then you may wish to reconsider your choice of profession.
Dean Newton
Earlier: Prior ATL coverage of contraception
Which Law School Needs to Give Thanks for Birth Control?
