Posted on 01/21/2009 4:46:45 AM PST by fabrizio
Washington DC, Jan 21, 2009 / 03:19 am (CNA).- Former Supreme Court nominee Judge Robert Bork has predicted that upcoming legal battles will have significant ramifications for religious freedom. He names as issues of major concern the continued freedom of Catholic hospitals to refuse to perform abortions and the likely “terrible conflict” resulting from the advancement of homosexual rights.
Speaking in an interview published Tuesday by Cybercast News Service, Judge Bork discussed the contentious nature of modern politics.
“Everything is up for debate these days. I can’t think of anything that isn’t,” he said.
“You are going to get Catholic hospitals that are going to be required as a matter of law to perform abortions,” he claimed.
“We are going to see in the near future a terrible conflict between claimed rights of homosexuals and religious freedom… You are going to get Catholic or other groups’ relief services that are going to be required to allow adoption of a child by homosexual couples. We are going to have a real conflict that goes right to the heart of the society.”
Asked whether there was a freedom of conscience clause anywhere in the Constitution that might prohibit the U.S. government from compelling a religious hospital to perform abortions, he replied:
“Well, the free exercise of religion clause might fulfill that role.”
He agreed with the CNS interviewer, Editor in Chief Terry Jeffrey, that such coercion forces someone to act against their religion and could be construed as a violation of the right to free exercise of religion.
However, Judge Bork was unsure about whether the U.S. Supreme Court would uphold such a right. He predicted the decision would rest with Supreme Court Justice Anthony Kennedy, who in some cases sides with liberals and at other times with “originalists,” those who profess to hold a more tradition-minded interpretation of the U.S. Constitution.
“It depends upon Anthony Kennedy,” Judge Bork told CNS. “Now, it’s a funny situation in which the moral life of a nation is in effect decided by one judge, because you have four solid liberal votes, four solid originalist votes, and one vote you can’t predict too accurately in advance.”
Though Justice Kennedy is a Catholic, he sided with the majority who upheld the pro-abortion rights Supreme Court decision Roe v. Wade in the 1992 case Planned Parenthood v. Casey.
Judge Bork said that a decision involving the freedom of Catholic hospitals to refuse to perform abortions would split by a 5-4 vote.
“But I don’t know which way,” he added.
The Cybercast News interview with the jurist also touched upon the place of religion in public life.
“I don’t think the disputants talk much about God anymore,” Judge Bork commented. “That’s one of the things that I think is regrettable--and I know liberals have said the same thing, it is not a conservative position particularly--but it is regrettable that religion has dropped out of our public discourse. I think it impoverishes it and makes it more violent.”
He explained that he believed this violence was not armed conflict, but rather “violent language and propaganda.”
Judge Bork said he also thought that America is “now going down a path towards kind of a happy-go-lucky nihilism.”
“A lot of people are nihilists,” he continued. “They don’t think about religion. They don’t think about ultimate questions. They go along. They worry about consumer goods, comfort, and so forth.
“As a matter of fact, the abortion question is largely a question about convenience. If you look at the polls about why people have abortions, 90 percent of it has nothing to do with medical conditions. It’s convenience. And that’s I think an example of the secularization of an issue that ought to have a religious dimension.”
When asked whether a nihilistic society can remain “happy-go-lucky” for long, Judge Bork replied:
“I don’t know. I guess we are going to find out.”
ping
“A lot of people are nihilists,” he continued. “They don’t think about religion. They don’t think about ultimate questions. They go along. They worry about consumer goods, comfort, and so forth.
* * * * * * * * * * * *
That’s it in a nutshell.
We have the murderer Ted Kennedy to thank for that, you know, the same guy who will be using his brain tumor to enslave us to the federal government through their control of medical attention.
We've been at war with leftists for a long time, and Mr. Bork explained that very well in “Slouching towards Gomorrah.”
We need to take the gloves off, raise our voices, take it to the streets, and get in their faces.
Some of these issues have been brought up here before. The Church needs to be willing to walk away from these services - it will cost the Government more than they will be willing to cough up and so exceptions will be made. I understand the need and desire for the church to be involved in good works and I am sure that other countries who appreciate the Church’s efforts will be quite happy for the help. However if the Church is unwilling to let go then it will find itself in an unholy alliance.
Seems a no brainer to me!
Mel
I saw this coming when 0bama met with the homosexual ECUSA bishop Robinson no less than 3 times and then picked him to deliver a prayer at his inaurgasmation.
With all the retread secular humanist/socialist politic hacks from the Clinto Administration back in Washington under the One let the Catholic bashing begin.
Anyone that speaks out against the homo fascists wil be targeted and destroyed.
America has finally placed the second foot on the slippery slope and is likely to take the fall.
It'll never happen, the majority of American people don't care anymore. This nation is reached the tipping point of becoming lethargic and has gone over. We're on the downward slope to destruction now.
This has already started with the CA marriage proposition. BTW, this is far more than just a Catholic problem.
We have examples in the not-too-distant past about what happens in a society that adopts nihilism, where people don’t ask questions and everyone just goes along.
Ping.
“BTW, this is far more than just a Catholic problem. “
VERY true!!!
One of the problems is that a lot of theoretically “Catholic” hospitals are under lay boards now that actually are not responsible to the bishop. I suspect that a lot of the “Catholic” hospitals would be just fine with anything the Government told them to do, and would become a simple non-profit corporation in order to keep on getting Federal money. I think the question is whether the bishops will then be willing to discipline any Catholics involved in this (although many of the hospitals have non-Catholics on their boards or as their executives) and excommunicate them, suing them to prevent them from keeping a name that implies that they are supported by or part of the Catholic Church.
I expect to see a lot of division on this, although frankly, I was very impressed by the fact that Obama was not able to find a treasonous bishop or priest willing to preside over the fun at his inauguration. It speaks well of Catholics that at least there was no official Catholic blessing of this abomination.
But there is definitely going to be confrontation between the Church and the government. I think Obama will try to stir up that latent anti-Catholicism that exists in this country, and things could get ugly.
Pray that the bishops remain strong!
One would think that with all the available places to get an abortion and all of the hospitals that are not Catholic it would make sense not to force a Catholic Hospital to engage in that activity.
A suit to force a catholic hospital to perform abortion is not a suit for the purpose of having another place to get abortions ,but is a suit to in effect destroy Catholicism.
It has been noted elsewhere that Catholic Hospitals provide the lions share of health care in many parts of this country, and good quality, too, especially in middle and rural America. It is a vast employer of skilled people and large segments of small communities depend upon these institutions.
Multitudes will be without health care if Catholic hospitals must close. My husband will also lose his job....
This whole thing is unConstitutional and obscene.
ping
We are "going to get?" I'm not sure where Mr. Bork has been for the past few years, but he needs to catch up.
Turn on TV station EWTN tomorrow afternoon and you will see tens of thousands of people of all ages and all faiths standing up for LIFE.These people are not sheep.They intend to take a very strong stand for LIFE.
I fear that one day soon, just being a Christian will be labeled as a hate crime........
The Catholic voters elected Obama.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.