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Working to restore human ‘rights’In this Congress, a Freedom of Choice Act (FOCA) was introduced that would further enshrine the bad law of Roe v. Wade in bad legislation more radical than the 1973 Supreme Court decision itself.” “Only in America” aptly describes what the world witnessed earlier this month as we, Americans, after a spirited – and much too long – electoral campaign peacefully participated in an election that gave us our first African-American president. This is no small accomplishment for a nation that enshrined race slavery in its Constitution. To the extent that this election signifies, at least in America, the repudiation of racism, every American, regardless for whom he or she voted, should rightly rejoice. The bishops of the United States and Pope Benedict – and, indeed, people of good will everywhere – have joined in congratulating the president-elect, Barack Obama. And, more importantly, we pledged our prayers and our willingness to cooperate in advancing the common good of all. We are a nation embroiled in two wars; and, we, along with the rest of the world, face an economic crisis unprecedented in recent history. In spite of our partisan divisions, we will have to come together on common ground to address these challenges – among many others including the need to address needed reforms in the areas of immigration, health care and education. Mr. Obama will need our prayers – and our cooperation. But as Cardinal Francis George of Chicago said in his address to the assembled bishops of the United States in Baltimore this past Nov. 10: “The common good can never be adequately incarnated in any society when those waiting to be born can be legally killed at choice. If the Supreme Court’s Dred Scott decision that African-Americans were other people’s property and somehow less than persons was still settled constitutional law, Mr. Obama would not be president of the United States. Today, as was the case a hundred and fifty years ago, common ground cannot be found by destroying the common good.” The legal protection in our country for those members of the human family waiting to be born was removed when the Supreme Court decided Roe v. Wade in 1973. Yet, a well-ordered state should protect the lives of all, especially the lives of the most vulnerable. For this reason, we can never accept Roe v Wade as a permanent fixture of constitutional law, nor can we ever stop working to restore recognition for the human rights of the unborn child. Killing the unborn child is always wrong – to make it a “right” is a travesty of justice. For Catholics and others who support human life from conception till natural death, reversing Roe v. Wade is not just “politics” – it is a moral imperative. Nevertheless, the voters did not consider this election as a referendum about abortion “rights.” The economy as well as the historic symbolism of electing an African-American as president influenced voters much more than any desire for a radical ideological realignment of our nation’s priorities. Indeed, in both Florida and California, the amendments to preserve in law the traditional understanding of marriage as a union between one man and one woman passed because they garnered significant support from those who also voted for Barack Obama. In this Congress, a Freedom of Choice Act (FOCA) was introduced that would further enshrine the bad law of Roe v. Wade in bad legislation more radical than the 1973 Supreme Court decision itself. In the early days of his campaign, Mr. Obama pledged to sign into law such legislation if passed by Congress, legislation that he supported. If FOCA – or a version of it – were to pass in the new Congress and be signed into law by President Obama, the modest restraints and regulations (such as parental notification) on the abortion industry would be abolished. Laws banning partial-birth abortions or assistance to infants born alive after a failed abortion would be overturned. Taxpayers would be forced to subsidize abortions as restrictions on federal funding of abortions would be abrogated. The freedom of conscience of health care workers not to participate in abortions would be compromised. President-elect Obama promised to be a “uniter” and not a divider – FOCA would only further divide our nation and do nothing to address the serious problems that call for a broad consensus of all its citizens to solve. We need to find common ground, but as Cardinal George said: “Common ground cannot be found by destroying the common good.” In America, and not “only in America,” the common good is not served by making wrongs – like abortion – into “rights.”
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