Dear Michael,

This does not contradict your point but, as it happens, and for what it's
worth, the Catholic Church has not done away with indulgences.  See, e.g.:

http://www.news.va/en/news/pope-francis-grants-indulgences-for-world-youth-da

That said, there was recently some confusion over the question whether Pope
Francis had *really* told people that following him on Twitter was a way to
obtain them:

http://www.forbes.com/sites/alexknapp/2013/07/18/no-the-pope-isnt-tweeting-indulgences-to-his-followers/

=-)

All the best,

Rick

Richard W. Garnett

Professor of Law and Concurrent Professor of Political Science

Director, Program on Church, State & Society

Notre Dame Law School

P.O. Box 780

Notre Dame, Indiana 46556-0780

574-631-6981 (w)

574-276-2252 (cell)

rgarn...@nd.edu



To download my scholarly papers, please visit my SSRN page
<http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=342235>



Blogs:



Prawfsblawg <http://prawfsblawg.blogs.com/>

Mirror of Justice <http://mirrorofjustice.blogs.com/>



Twitter:  @RickGarnett <https://twitter.com/RickGarnett>

On Fri, May 1, 2015 at 11:44 AM, Michael Worley <mwor...@byulaw.net> wrote:

> To emphasize two policy changes in the LDS faith is legitimate; however
> the centrality of traditional sexual norms to the LDS faith is extremely
> more central than those changes.
>
> It is like saying to a Catholic "because you did away with indulgences,
> you'll eventually deny that Christ's blood is literally in the sacrament."
>  I think that would be offensive to all Catholics.  LDS teachings on
> marriage in this regard are just as central to our faith as the doctrine
> of Transubstantiation is to Catholics.
>
> On Fri, May 1, 2015 at 9:06 AM, Levinson, Sanford V <
> slevin...@law.utexas.edu> wrote:
>
>>  Isn't it foolish in the extreme to assert that "time and culture" are
>> not part and parcel of the history of all religious movements, even if one
>> concedes, perhaps for reasons of tact, that they are not "simply" such
>> products. (I frankly have no idea what secularists actually mean by that
>> concession. Some may be agnostics, genuinely open to the unproven
>> possibility of revealed religion.). For starters, though, look at the LDS
>> renunciation of polygamy in 1890 (not to mention the later renunciation of
>> an all-white priesthood), the Protestant critique of selling indulgences
>> (and the response of the Catholic Church), or the 11th century decision of
>> Ashkenazik Jews to ban polygamy even as Sephardi Jews living in Islamic
>> cultures stuck with it, some until the 20th century. I could obviously go
>> on and on. I have no doubt whatsoever that some adamantly opposed to same
>> sex marriage religious groups will change their collective minds in the
>> next decades. Can anyone seriously doubt that?
>>
>>  This is much like debates between committed legal "internalists" who
>> take everything the Supreme Court says with full seriousness (including
>> Roberts's assertion on Tuesday that judges aren't "politicians") and
>> committed legal realists who see ONLY politicians in robes. The truth may
>> be somewhere in between, both for law and religion as systems of practices
>> always striving to maintain their legitimacy within the wider culture.
>>
>>  Sandy
>>
>> Sent from my iPhone
>>
>> On May 1, 2015, at 9:14 AM, Marty Lederman <lederman.ma...@gmail.com>
>> wrote:
>>
>>   Alan:  Thank you for that very thoughtful and candid reply.
>>
>>
>>
>> I apologize if my wording in response to Eugene's post was infelicitous,
>> or insensitive, in any way.  I was trying to be very careful *not* to
>> suggest that all religious objectors would "change their minds."  I agree
>> with you that some will not.
>>
>>
>>
>> And I certainly did not write, and did not mean to suggest in the
>> slightest, any of the following:
>>
>>
>>
>> -- that religious beliefs are "simply" a "product of time and culture"
>>
>>
>>
>> -- "that religious beliefs opposing same-sex sexual relationships are
>> purely an irrational bias"
>>
>>
>>
>> -- that religious beliefs on this question are dependent upon, or
>> necessarily reflect, "bigotry" (or "animus," for that matter)
>>
>>
>>
>> -- that anyone "misunderstands" their own religion
>>
>>
>>
>> or
>>
>>
>>
>> -- that conservative Christian teachings about sex have the same place in
>> the church that former teachings about race did.
>>
>>
>>
>> Indeed, I don't *believe *any of those things to be true, and so I
>> surely would not argue for them or intend to suggest them in this thread.
>>
>>
>>
>> Of course, as your response acknowledges, religious beliefs of many
>> individuals (not all)--and of many religious institutions--do change as a
>> result of shifts in social practices, which tend to be followed by shifts
>> in understandings of human nature.  These shifts sometimes occur even with
>> respect to theological commitments that have long been viewed as based in
>> transcendent truth.  The examples are legion--within my faith, the Catholic
>> Church, the LDS, etc.; I know I don't need to belabor the point.  The Notre
>> Dame video, making great efforts to attract LGBT students, is merely the
>> latest example.  But it's of a piece with many, many other, similar
>> trends.  Even so, I agree with you that after a rapid change in the views
>> of most people, some portion of the population is likely to maintain its
>> religiously grounded views about homosexuality.  (Your 20% seems like a
>> reasonable guess about that number.)
>>
>>
>>
>> The point I was trying to make, however, was not about the cause, or the
>> rate, of changes in individuals' religious beliefs.  What I wrote was that,
>> if and when antidiscrimination laws are extended more broadly to sexual
>> orientation, "very few" of today's religious *organizations* will be
>> "legally and socially marginalized" because "they will have voluntarily
>> ended *their discriminatory practices*."  Indeed, as I emphasized in
>> later posts, even today there are very few such organizations that openly
>> engage in such discriminatory practices (other than as to ministerial
>> positions).  And that number will only diminish--probably to a small
>> handful--by the time Congress gets around to amending Title VII and Title
>> IX to cover sexual orientation.
>>
>>
>>
>> I hope that better explains what I was getting at.  I certainly did not
>> mean to disparage or trivialize anyone's sincerely held religious beliefs.
>>
>>
>>  Best,
>>
>>
>>  Marty
>>
>>
>>
>> On Thu, Apr 30, 2015 at 9:53 PM, Alan Hurst <alan.hu...@aya.yale.edu>
>> wrote:
>>
>>> Thanks to Marty and everyone else for the discussion here. I'm finding
>>> it very informative.
>>>
>>>  I wanted to respond briefly, however, to Marty's wager below:
>>>
>>>    And Eugene, I'd be willing to wager that very few of today's
>>>> conservative Christians' organizations will be "legally and socially
>>>> marginalized" at that point, because by then they, too, will have
>>>> voluntarily ended their discriminatory practices.
>>>>
>>>
>>>  I have two quick thoughts about this. First, I think you should
>>> consider a bit more carefully how that argument sounds to someone whose
>>> religious beliefs include the rejection of same-sex sexual relationships as
>>> immoral. "You shouldn't worry about the long run because your religions
>>> will just change their minds on this issue anyway" suggests at least one of
>>> the following two ideas:
>>>
>>>  --that religious beliefs are simply a product of time and culture,
>>> with no basis in any transcendent truth and no capacity to resist broader
>>> cultural movements.
>>>
>>>  --that religious beliefs opposing same-sex sexual relationships are
>>> purely an irrational bias and, like religious opposition to interracial
>>> marriage, will gradually vanish as gay marriage becomes commonplace and
>>> believers' aversion to gay relationships is worn down by familiarity.
>>>
>>>  You may in fact believe these two ideas, and although I don't, I'm
>>> certainly not going to change your mind here. But I do hope you'll consider
>>> for a moment how they sound to believers who disagree with you. In essence,
>>> when you say, "Your religion will change on this issue," you're saying
>>> either, "The beliefs you've built your life on have no basis in reality" or
>>> "Your bigotry has led you to misunderstand your own religion." True or
>>> false, these two thoughts are quite the opposite of comforting to a
>>> believer who worries about this issue. They do as much as anything to
>>> persuade believers that people like you really don't understand religion
>>> and really are out to get them.
>>>
>>>  Second, if I were a betting man, I'd take your wager. Partially I'd
>>> take it because, well, the analogy between religious racism and religious
>>> heteronormativity is at most superficially accurate. Conservative Christian
>>> teachings about sex just have a much different place in the church than
>>> American Christians' teachings about race ever did--theologically,
>>> functionally, socially, historically, etc. These things are simply not the
>>> same. Douthat wrote briefly (but I think accurately) about this here:
>>> http://www.nytimes.com/2015/04/05/opinion/sunday/rosss-douthat-interview-with-a-christian.html?_r=0
>>>
>>>  And partially I'd take your wager because religion has always been an
>>> international phenomenon, and like everything else it's getting to be more
>>> so. The heart of Christianity is moving from Europe and North America to
>>> Latin America, Africa, and Asia. Within a few decades, China may be home to
>>> more Christians than any other country. American Catholicism has never been
>>> centrally important to the Catholic church, and even we Mormons now have
>>> more members outside the U.S. than inside. Unless the gay marriage movement
>>> catches on in a lot of places where it's not yet had much traction, I think
>>> these Christians abroad are going to give some ballast to American
>>> Christian opposition to gay marriage. To some extent it's already
>>> happened--see, for example, the ties springing up between conservative
>>> American Episcopalians and African Anglicans.
>>>
>>>  My prediction? I think religious opposition to gay marriage is going
>>> to be like religious opposition to premarital sex. The polls will move more
>>> rapidly than anyone once thought possible, and in a decade or two only 20%
>>> of Americans will think gay marriage is immoral. And then the graph will
>>> bottom out, and you're going to have about 20% of Americans still thinking
>>> that for a long time.
>>>
>>>  So, no, I don't think these issues are going away.
>>>
>>>  Best,
>>>
>>>  Alan
>>>
>>>  (My apologies, but I took an hour that I didn't really have to write
>>> this, and I don't know when I'll be able to post again. But Marty, if you
>>> respond, I promise I'll get back to you eventually.)
>>>
>>>
>>> _______________________________________________
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>>>
>>
>>   _______________________________________________
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>>
>> _______________________________________________
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>
>
>
> --
> Michael Worley
> J.D., Brigham Young University
>
> _______________________________________________
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