Open Letter to Rev. Joseph McShane, S.J., PhD, President of Fordham University

Rev. Joseph M. McShane, S.J., PhD
Office of the President
Fordham University
441 East Fordham Road
Bronx, New York, 10458

Reverend and Dear Fr. McShane,

    It has come to the attention of us, members of the University Community, that the prestigious Fordham-Stein Prize in Ethics is to be bestowed upon Supreme Court Justice Stephen Breyer on October 29^th, 2008. We write to respectfully request that this award not be granted to Justice Breyer. We make this request for the fundamental reason that Justice Breyer’s role in public life, in terms of his repeated and influential work in favor of legalized abortion, has placed him in a position of complacency with grave moral evil, and leaves him in a position of irreconcilable conflict with the fundamental teachings of the Roman Catholic Church, and by extension, those of the University, in its role as one of this Nation’s leading Catholic Universities. We provide support for said position below:

• Justice Breyer voted in the year 2000, in the Supreme Court case Stenburg vs. Carhart, in favor of overturning democratically enacted state laws that restricted the Dilation and Extraction abortion procedure, known as “Partial Birth Abortion”, used in second and third trimester abortions. He then wrote the majority opinion offering support for this action. Again in April 2007 Justice Breyer voted in favor of “partial birth abortion” in the Supreme Court case Gonzales vs. Carhart.
• The Catechism of the Catholic Church makes clear that “2271 Since the first century the Church has affirmed the moral evil of every procured abortion. This teaching has not changed and remains unchangeable. Direct abortion, that is to say, abortion willed either as an end or a means, is gravely contrary to the moral law:” and further that “2272 Formal cooperation in an abortion constitutes a grave offense…”(Catechism of the Catholic Church)
• This teaching, and its implication that those in public life who cooperate in promoting abortion participate in grave evil, has recently been confirmed by the United States Conference of Catholic Bishops in its document Forming Faithful Citizenship. It states that Abortion “must always be rejected and opposed and must never be supported or condoned” (Faithful Citizenship, no. 22).
• The Archbishop of New York, Edward Cardinal Egan, has recently confirmed this saying, “Anyone who dares to defend that they [fetuses] may be legitimately killed because another human being “chooses” to do so, or for any other equally ridiculous reason, should not be providing leadership in a civilized democracy worthy of the name.” (Statement Aug. 26, 2008).
• Fordham University is a Catholic University opperated by the members of the Socity of Jesus, as indicated in the mission statement: “Fordham University, the Jesuit University of New York…Guided by its Catholic and Jesuit traditions, Fordham fosters the intellectual, moral and religious development of its students and prepares them for leadership in a global society…Fordham affirms the complementary roles of faith and reason in the pursuit of wisdom and learning…Fordham recognizes the dignity and uniqueness of each person.”
• The United States Bishops in their 1990 application of Pope John Paul II’s Apostolic Constitution on Catholic Universities, Ex Corde Ecclesiae clarify: “it is important for Catholic Universities … to implement in practical terms their commitment to the essential elements of Catholic identity, including the following:1. Commitment to be faithful to the teachings of the Catholic Church; 2. Commitment to Catholic ideals, principles and attitudes in carrying out research, teaching and all other university activities, including activities of officially-recognized student and faculty organizations and associations, and with due regard for academic freedom and the conscience of every individual…”
• The United States Catholic Bishops support and clarify the implications of this teaching for Universities in their 2004 document Catholics in Political Life by saying: “The Catholic community and Catholic institutions should not honor those who act in defiance of our fundamental moral principles. They should not be given awards, honors or platforms which would suggest support for their actions.”

    Therefore, it is clear that Fordham cannot legitimately honor Justice Breyer in any way. Thus, we, members of the University community ardently request that, in a spirit of honesty and respect for truth, and with a hope of avoiding the grave scandal that would necessarily result from the University’s blatant disregard for obedience, truth and justice, this award be revoked immediately.

Sincerely Yours,

Sheldon D. Momaney, 2010; President, Respect for Life, '08-'09

Brian Stong, 2009; President, Respect for Life, '07-'08

Jacqueline DeFina, 2010; V.P., Respect for Life, '08-'09

Daniel Blessing, 2009; Treasurer, Respect for Life, '07-'08

Elizabeth Dausch, 2009; Secretary, Respect for Life, '08-'09

Chadwick E. Ciocci, 2010; President, College Republicans, '08-'09;
Editor-in-Chief, Liberty Forum, '08-'09

Jennifer Portillo, 2011; Treasurer, Respect for Life, '08-'09

Katherine Poedtke, 2010; V. P., College Republicans, '08-'09