[Gary Gutting, a philosopher at Notre Dame, has this to say in the online edition of the New York Times:]
The Obama administration’s ruling requiring certain Catholic institutions like hospitals and universities to offer health insurance covering birth control prompted a furious response from the Catholic bishops. The bishops argued that this was a violation of conscience since birth control is contrary to teachings of the Catholic Church, as expressed in Pope Paul VI’s 1968 encyclical “Humanae Vitae.”
What interests me as a philosopher — and a Catholic — is that virtually all parties to this often acrimonious debate have assumed that the bishops are right about this, that birth control is contrary to “the teachings of the Catholic Church.” The only issue is how, if at all, the government should “respect” this teaching.
As critics repeatedly point out, 98 percent of sexually active American Catholic women practice birth control, and 78 percent of Catholics think a “good Catholic” can reject the bishops’ teaching on birth control. The response from the church, however, has been that, regardless of what the majority of Catholics do and think, the church’s teaching is that birth control is morally wrong. The church, in the inevitable phrase, “is not a democracy.” What the church teaches is what the bishops (and, ultimately, the pope, as head of the bishops) say it does.
But is this true? The answer requires some thought about the nature and basis of religious authority. Ultimately the claim is that this authority derives from God. But since we live in a human world in which God does not directly speak to us, we need to ask, Who decides that God has given, say, the Catholic bishops his authority?
It makes no sense to say that the bishops themselves can decide this, that we should accept their religious authority because they say God has given it to them. If this were so, anyone proclaiming himself a religious authority would have to be recognized as one. From where, then, in our democratic, secular society does such recognition properly come? It could, in principle, come from some other authority, like the secular government. But we have long given up the idea (“cujus regio, ejus religio”) that our government can legitimately designate the religious authority in its domain. But if the government cannot determine religious authority, surely no lesser secular power could. Theological experts could tell us what the bishops have taught over the centuries, but this does not tell us whether these teachings have divine authority.
In our democratic society the ultimate arbiter of religious authority is the conscience of the individual believer. It follows that there is no alternative to accepting the members of a religious group as themselves the only legitimate source of the decision to accept their leaders as authorized by God. They may be wrong, but their judgment is answerable to no one but God. In this sense, even the Catholic Church is a democracy.
But, even so, haven’t the members of the Catholic Church recognized their bishops as having full and sole authority to determine the teachings of the Church? By no means. There was, perhaps, a time when the vast majority of Catholics accepted the bishops as having an absolute right to define theological and ethical doctrines. Those days, if they ever existed, are long gone. Most Catholics — meaning, to be more precise, people who were raised Catholic or converted as adults and continue to take church teachings and practices seriously — now reserve the right to reject doctrines insisted on by their bishops and to interpret in their own way the doctrines that they do accept. This is above all true in matters of sexual morality, especially birth control, where the majority of Catholics have concluded that the teachings of the bishops do not apply to them. Such “reservations” are an essential constraint on the authority of the bishops.
The bishops and the minority of Catholics who support their full authority have tried to marginalize Catholics who do not accept the bishops as absolute arbiters of doctrine. They speak of “cafeteria Catholics” or merely “cultural Catholics,” and imply that the only “real Catholics” are those who accept their teachings entirely. But this marginalization begs the question I’m raising about the proper source of the judgment that the bishops have divine authority. Since, as I’ve argued, members of the church are themselves this source, it is not for the bishops but for the faithful to decide the nature and extent of episcopal authority. The bishops truly are, as they so often say, “servants of the servants of the Lord.”
It may be objected that, regardless of what individual Catholics think, the bishops in fact exercise effective control over the church. This is true in many respects, but only to the extent that members of the church accept their authority. Stalin’s alleged query about papal authority (“How many divisions does the Pope have?”) expresses more than just cynical realpolitik. The authority of the Catholic bishops is enforceable morally but not militarily or politically. It resides entirely in the fact that people freely accept it.
The mistake of the Obama administration — and of almost everyone debating its decision — was to accept the bishops’ claim that their position on birth control expresses an authoritative “teaching of the church.” (Of course, the administration may be right in thinking that the bishops need placating because they can cause them considerable political trouble.) The bishops’ claim to authority in this matter has been undermined because Catholics have decisively rejected it. The immorality of birth control is no longer a teaching of the Catholic Church. Pope Paul VI meant his 1968 encyclical, “Humanae Vitae,” to settle the issue in the manner of the famous tag, “Roma locuta est, causa finita est.” In fact the issue has been settled by the voice of the Catholic people.