Mirror of Justice

A blog dedicated to the development of Catholic legal theory.

Monday, June 18, 2018

Religious Condemnation of Family-Separation Policy

    Thankfully, the administration's policy of separating migrant children from parents at the border--including in the case of families who present themselves as asylum seekers [SEE UPDATE BELOW]--is coming under condemnation from religious leaders, including several who have supported President Trump in most other ways. The Catholic bishops, unsurprisingly, took the lead.

    There have also been good critical analyses--some with nuance--of Jeff Sessions' invocation of Romans 13 as a defense for the policy. From The Atlantic:

       Romans 13 is significant to American history because it played a critical role in the American Revolution. Loyalists who favored obedience to King and Parliament quoted Romans 13 for obvious reasons. “Let every soul be subject unto the higher powers,” the text read in the language of the time....

       But surprisingly, political and religious leaders who favored the American Revolution were even more eager to quote Romans 13. Their reasoning turned on the justification that Paul gave for obeying government. Sessions said that government was created “for the purpose of order,” but Revolutionary clergy quoted Paul directly: “Rulers are not a terror to good works, but to the evil.” In a study of how the Bible was used in the American Revolution, the historian James Byrd argues that “American patriots” rejected against the notion that Romans 13 required unconditional obedience. Instead, he wrote, they preached from the text “to deny that Paul gave kings the right to be tyrants.”

And following up, evangelical historian John Fea:

       Romans 13 teaches that Christians should submit to government,  but it does not seem to require unconditional submission.  It is not an easy verse to apply and we must be very careful about applying it universally....

       Is the stripping of children from their families at the Mexican border atrocious enough for Christians to violate Romans 13?  I would say yes.  Of course this entire point is moot because, as far as I understand it, there is no American law requiring ICE officials to take children away from their parents. [emphasis added]

UPDATE: Good point from Rick about taking parental rights seriously in all contexts. And I'll amend to language closer to his for describing most of the cases: "the US government is separating families who seek asylum in the US by crossing the border illegally." Although in some cases it appears to have been applied even to persons who present themselves at a port of entry and claim asylum consideration.

https://mirrorofjustice.blogs.com/mirrorofjustice/2018/06/religious-condemnation-of-family-separation-policy.html

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