Exception to birth control ban raises
questions
By JOHN L. ALLEN JR.
NCR Staff Rome
A Spanish bishop raised eyebrows in late January by stating that
religious women living in war zones or other places where there is danger of
rape can legitimately use oral contraceptives to protect themselves from
pregnancy.
Despite skeptical reactions from some quarters, one of Romes
foremost Catholic moral theologians says the bishop did nothing more than
re-state official church policy that dates back at least 40 years.
The Catholic church generally bans the use of contraceptives on
the grounds that human sexuality should be open to the creation of
life.
Despite that position, Bishop Juan Antonio Reig Pla of
Segorbe-Castellón said in late January that sisters who face a danger of
rape, such as missionaries in war zones, may use the pill as self-defense
against an act of aggression, according to the Madrid-based newspaper
El País.
Reig, president of the Family and Life subcommittee of the Spanish
bishops conference, was speaking at a news conference to promote a Feb. 4
day in defense of life.
Reig said use of contraception by religious women as a defense
against rape changes the nature of the moral act, rendering it no
longer an illicit attempt to go against conception. Reig declined,
according to the report, to say whether other Catholic women should be able to
use birth control in the same context.
Media outlets around the world immediately began asking church
officials for comment, in most cases eliciting dubious responses.
A spokesperson for the Irish bishops, for example, told a
reporter, As far as were concerned, there has been no dispensation
given by the Vatican. And until we hear differently, well continue to
follow the official line, which is the Catholic church officially forbids
artificial contraception.
A spokesperson for the Vatican press office told the London
Daily Telegraph that there is no official dispensation for
nuns.
Yet Redemptorist Fr. Brian Johnstone, an expert in moral theology
at Romes prestigious Alphonsiana Academy, told NCR that in the
early 1960s, the Vatican gave permission for religious women in the Belgian
Congo to use contraceptives as a defense against rape.
It was seen as a protection against pregnancy arising from
unwanted, unfree sexual intercourse, Johnstone said.
Referring to Humanae Vitae, the 1968 document of Pope Paul
VI that reiterated the church ban on birth control, Johnstone said the document
prohibits the inhibition of procreation in the context of free sexual
intercourse.
What happens in rape is not free, Johnstone said,
explaining the logic of the 1960s-era Vatican statement. It can be
regarded as an unjust attack, and thus the woman is justified in using chemical
means in repelling the effects of the attack.
Johnstone noted that although the Vatican exception for the Congo
pertained specifically to nuns, from a moral point of view it makes no
difference whatsoever if the woman is in religious life. Hence, he said,
other women in grave danger of rape would have the same liberty.
Johnstone said some moral theologians have applied the Congo
precedent in the case of women with a well-founded fear of spousal rape,
arguing they too have the right to use contraception.
This is a conservatively based argument, Johnstone
said, that is generally accepted. There might be some very rigid people
who would oppose it, but if you accept church teaching, it seems quite a
reasonable way to settle a conflict situation.
Johnstone said, however, that fear of rape must be immediate and
personal. He said he once worked in a Catholic hospital in Washington, and when
women there heard about the Congo precedent, they jokingly suggested that since
rape is always theoretically possible in a major city, they should be able to
use birth control freely.
Obviously one has to be careful about how far this
goes, Johnstone said.
The reasoning applies only to the use of oral contraceptives that
inhibit a sperm cell from fertilizing an ovum. It does not justify use of the
so-called morning after pill, Johnstone said, taken after
unprotected sexual intercourse to prevent the implantation of an embryo in the
uterus.
At that stage, Johnstone said, Catholic teaching
holds that you have a human being entitled to the right to life.
Johnstone acknowledged that this codicil to Catholic moral thought
is not well-known.
Whenever this comes up, I always have trouble convincing
people that the Vatican actually said it, he told NCR. But
its there.
The e-mail address for John L. Allen Jr. is
jallen@natcath.org.
National Catholic Reporter, February 16,
2001
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