The Natural Law Basis for Dobbs and Eliminating Legalized Abortion

by Justin Soutar

Like many other Americans of good will, during the past ten days I've been offering prayers of thanksgiving for the historic Supreme Court decision in Dobbs vs. Jackson Women's Health Organization that overturned the Court's terrible 1973 ruling in Roe vs. Wade. At the same time, I've been offering prayers of petition for the continued growth and spread of a culture of respect for life throughout our land.

The Dobbs decision is a credit to the fine legal minds and devout Catholicism of Justices Samuel Alito, Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. Writing for the majority, Alito is absolutely correct that the reasoning underpinning Roe was egregiously flawed, and that there is no "right to abortion" in the U.S. Constitution. These five justices performed their sworn duty before God to the American people by strictly interpreting the Constitution according to its original text, meaning, and intent with regard to abortion law. That is exactly what all Supreme Court justices are supposed to do in every legal case, regardless of the issue. They are not supposed to "legislate from the bench," twisting the Constitution's original meaning to impose a contemporary ideological viewpoint on the entire nation, as they did in Roe and have unfortunately done many times since then on other important issues.

So what does Catholicism have to do with the majority's ruling in Dobbs? Two things. First, the Catholic Church teaches that there is no conflict between faith and reason, properly understood and applied, because both come from God and are sources of objective truth. When taken seriously in its totality, when believed and practiced as intended, Catholicism not only encourages faith in God (religion) and love of God and neighbor (morality), but also good critical thinking, coherent logical reasoning, and sound judgment. This is why the Catholic Church founded the modern university system in Europe in the High Middle Ages, and it is a major reason why these five justices earned great legal reputations and were appointed to the highest court in the United States.

Secondly, as Catholic League president Bill Donohue pointed out in his excellent book Why Catholicism Matters (2012), the foundation of inalienable human rights originating from the Creator on which our Declaration of Independence and Constitution were built was given to the world by the Catholic Church. While some of her members have notoriously violated her teachings in these areas, the Church has steadfastly maintained the sacredness of human life and the immorality of abortion since ancient times and has developed her doctrine on ordered liberty in the course of centuries. Our nation's Founders inherited the timeless natural law principle of inalienable rights to life, liberty, property, and the pursuit of happiness primarily from Saint Thomas Aquinas and Saint Robert Bellarmine, and they explicitly constructed a new nation on this principle written by the Creator into the fabric of human nature.

The idea of objective and universal moral truths of divine origin existing outside of ourselves and to which we must humbly submit is anathema to the morally relativistic and radically secularist thinking that has poisoned our society with a hedonistic "culture of death" in recent years. As a result of Roe vs. Wade, during the past fifty years, more than sixty million innocent unborn children (potential citizens) of the United States have been brutally denied the inalienable rights to life, liberty, and the pursuit of happiness that were theoretically guaranteed to them by the Constitution for the sake of convenience. Simultaneously, the number of violent crimes against born human beings in this country has increased dramatically, and several states have legalized euthanasia. This should come as no surprise. Saint Teresa of Calcutta declared truthfully that abortion is the greatest destroyer of peace because if a woman can kill her unborn child, there is nothing to stop anyone else from killing whomever they wish to kill.

But the reality of inalienable human rights exists in all times and places, whether it is fully acknowledged and respected or not. The grave evil of African-American slavery was both legal and common throughout much of the United States for more than eighty years, and the alleged "right" to own slaves was even upheld for a time by the Supreme Court in Dred Scott vs. Sanford. Someday, the citizens of this country will rightly look back with utter horror at the Roe vs. Wade regime, viewing abortion the same way we view slavery today: How could this civilized nation founded on the principle of "liberty and justice for all" have tolerated such a grave injustice against so many millions of her own people for so many years?

I was disappointed but not surprised that Chief Justice John Roberts sided with the pro-Roe minority in the Dobbs case. Appointed to the High Court by President George W. Bush in 2005, Roberts was a faithful Catholic with apparently stellar conservative credentials. Just seven years later in 2012, however, Roberts was the deciding vote upholding the Affordable Care Act in United States vs. ObamaCare. He is an example of the unfortunate trend among many justices and judges in the United States in recent decades pointed out by Robert Bork in Slouching Towards Gomorrah (1996): when conservative lawyers are placed in U.S. courts, they often become less conservative.

The Supreme Court was right to return the issue of abortion to us, the people and our elected representatives. Unfortunately, while many states will now vote to restrict abortion or to outlaw it altogether, some will keep it legal with few if any restrictions. The monumental challenge now facing the pro-life movement in the United States is to sufficiently educate and mobilize the public and elected representatives to eradicate the evil of legalized abortion from all fifty states, either state by state or through Congressional legislation. President Ronald Reagan foresaw the latter method in his famous "Evil Empire" speech of 1983, declaring, "Human life legislation ending this tragedy [abortion on demand] will someday pass the Congress, and you and I must not rest until it does."." 

If the Declaration of Independence and the Constitution mean anything, the inalienable right to life of American unborn children cannot be protected in some states and left unprotected in others per the differing whims of majority vote, court ruling, state law, or executive order. As a matter of basic justice, it must be legally guaranteed throughout the nation. Given the controversial nature of the issue, this won't happen without a fight. As we fought a Civil War for the just cause of eliminating legalized slavery, we may well have to fight another for the just cause of eliminating legalized abortion. Our national transformation from a culture of death to a culture of life will not happen overnight, and prayer and fasting will play a critical role in its success. The closing lyrics of our national anthem, "The Star-Spangled Banner," come to mind:

O thus be it ever, when free men shall stand 

Between their loved homes and the war's desolation.  

Blest with vict'ry and peace, may the Heav'n-rescued land 

Praise the Pow'r that hath made and preserved us a nation!

Then conquer we must, when our cause it is just,

And this be our motto: "In God is our trust."

And the star-spangled banner in triumph shall wave

O'er the land of the free and the home of the brave!

Copyright © 2022 Justin D. Soutar. All right reserved.

The Two Main Threats to Our National Security

Thirteen years ago on this day, America suffered a coordinated and devastating terrorist assault by wicked agents of a Middle Eastern foreign power. Today America is again under attack—not by violent religious fanatics from without, but by the forces of immorality and radical secularism from within.

“Immorality is un-American and a threat to national security!” Such were the words addressed by Father John Corapi to millions of Catholics across this nation in the years immediately following the tragic terrorist attacks of September 11, 2001. Those words were true then, and they ring just as true today.

We live in a nation where immoral acts such as abortion, artificial contraception, the destruction of human embryos, extramarital sex, and homosexual acts are legally permitted, culturally tolerated, widely encouraged, frequently committed, and, in some cases, publicly funded and legally mandated—all in violation of the natural law written by God in the human heart.

Radical secularists want to kick God out of our national culture. They claim we’d all be better off without Him. They are blind guides leading the blind (cf. Matt. 15:14). Their totalitarian ideology is a recipe for national suicide.

Internal immorality and radical secularism pose a greater threat to our national security than all the external terrorists put together. Therefore, if we truly love God and love our country, if we consider ourselves religious and patriotic, we must courageously do battle with these twin enemies of our nation, both in our own lives and in the public square.

Sadly, two of America’s foremost Catholic cultural warriors—Cardinal Timothy Dolan and Bill Donohue—recently handed an olive branch to our country’s worst enemies: They publicly announced their approval of homosexual demonstrators joining the Saint Patrick’s Day parade in New York next year, for the first time ever in the history of this event.

Bill Donohue stated clearly in a press release that he had no problem with homosexual activists marching as a group with their own banner in the parade, so long as pro-life demonstrators were permitted to do the same. Apparently he felt that accepting homosexual activists’ participation in the event was a useful bargaining chip for getting pro-life activists into the march. But the end does not justify the means. You cannot compromise with evil in order to obtain a good.

Perhaps Donohue also believed that, in the name of freedom of speech and tolerance, these two very different activist groups were equally entitled to participation in this annual public event. But the Saint Patrick’s Day parade is an undeniably Catholic event, albeit open to the general public, so the rules for participation in it should reflect Catholic teaching. On this basis, it would certainly be appropriate to admit pro-life demonstrators to this event, but it would never be appropriate to admit homosexual demonstrators.

According to Catholic teaching, freedom and tolerance do not apply to immoral behavior; they apply only to what is true, good, and beautiful. The homosexual activists will be promoting a grave moral evil that violates God’s law and wreaks social havoc, while the pro-life activists would be defending the most fundamental God-given human right to life of the innocent unborn, which currently is not protected by law in the United States. There can be no moral comparison or equivalence between two such radically different groups.

Cardinal Dolan has also declared that he has no problem with homosexual demonstrators marching behind him in the Saint Patrick’s Day parade. It’s bad enough when a prominent lay Catholic tolerates the public promotion of immorality in a traditional religious and cultural event designed to honor a great Catholic saint; it’s far worse when the cardinal-archbishop gives such immorality his blessing in an official and highly visible public way. That’s exactly what Cardinal Dolan is doing by agreeing to serve as Grand Marshal of the parade next year. By doing so, he is betraying Christ and the Church and surrendering to America’s twin enemies of immorality and radical secularism—in exchange for what? A good time? A little notoriety or popularity?

Previous cardinal-archbishops of New York acted differently when their religious beliefs and moral convictions were on the line. Cardinal Terence Cooke, for example, declined to appear at the scheduled time in front of Saint Patrick’s Cathedral to give the customary blessing to the marchers of the Saint Patrick’s Day parade in 1981 because the Grand Marshal that year, Michael Flannery, was associated with a terrorist group in Northern Ireland. By deliberately appearing late, Cardinal Cooke took a stand and sent a clear, unmistakable message: The Catholic Church does not approve of violent attacks on innocent civilians.

Cardinal Dolan’s jolly participation in next year’s Saint Patrick’s Day parade as Grand Marshal, with thousands of homosexual activists proudly marching behind him with their signs and banner, will be a sacrilege and a scandal. It will shout to New Yorkers and to the whole world through a megaphone that the Catholic Church approves of homosexual acts and activism. That is certainly how the major media will interpret this charade. It is a false and dangerous message to send. It is contrary to the Gospel of Jesus Christ, who calls all men and women, including persons with homosexual inclinations, to the challenge and true freedom of living chaste lives. And it is contrary to the example set by his fearless predecessors in the faith, who demonstrated the courage of their convictions by consistently preaching and defending the truth regardless of the winds of fashion and public opinion.

To his credit, Bill Donohue has announced that the Catholic League will not participate in the 2015 Saint Patrick’s Day parade. Unfortunately, however, through his flawed approach to the issue, including his conditional approval of homosexual demonstrators participating in the event, he has taken one step back from the culture war, allowing a cherished symbol of our Catholic heritage to be tainted by immorality and radical secularism. Had he and Cardinal Dolan rallied millions of fellow Catholics to demand that homosexual activists be kept out of the march as they always have been until now, this whole debacle could have been avoided and the Catholic identity of the event preserved intact. Instead, thanks to their misplaced tolerance, the parade is now on a slippery slope toward increasing secularization and the promotion of every kind of immorality in the years ahead.

Vocal homosexual activists should have no place in a Catholic religious and cultural event such as the Saint Patrick’s Day parade. They have every right to participate incognito just like hundreds of thousands of other marchers, but this particular event is not an appropriate venue for them to push an immoral and radically secularist agenda that conflicts with Catholic teaching and natural law. After all, their main reason for marching as homosexual activists is to demand that their immoral relationships be given legal recognition equal to that of heterosexual marriage, the Creator’s own design and the foundation of human society. Such immorality should not be legally recognized by any government of a civilized nation; still less should the attempt to gain this recognition be implicitly condoned by a high-ranking Catholic prelate such as the cardinal-archbishop of New York.

“Immorality is un-American and a threat to national security!” By approving the admission of homosexual activists into the historic Saint Patrick’s Day parade, Cardinal Dolan and Bill Donohue have done a regrettable disservice to God and country, compromising with America’s twin enemies of immorality and radical secularism for the sake of some temporary advantage. Let us pray for these two well-known Catholic leaders, that they recognize their error and work to repair the damage they have done. At the very least, Cardinal Dolan should follow Donohue’s lead in withdrawing from the parade. Through the intercession of Saint Patrick, our heavenly friend, may they both continue to fight the good fight as faithful witnesses to Christ and as loyal American citizens, remembering that religion and morality are the two principal guardians of our national security, prosperity, and well-being.