I put the question to Fr. Brian Johnstone, a moral theologian at Rome’s Redemptorist-run Alphonsian Academy, and Fr. Robert Gahl, a philosopher at the Opus Dei-run Santa Croce University.
Here’s the hypothetical: Suppose a Catholic politician was firmly convinced of the church’s teaching on abortion, and was personally involved in efforts to oppose abortion at the social and cultural level. The politician, for example, might give money from his own resources to support unwed mothers, might volunteer at counseling centers to help pregnant women explore options other than abortion, and would make public his opposition to abortion in all circumstances.
At the same time, this politician is genuinely convinced that legal prohibition will backfire, causing an escalation in unsafe procedures whose impact will fall disproportionately on the poor, and may even result in more abortions as women are scared away from exploring their options for fear of legal fallout. In other words, the politician believes that effective prohibition of abortion may not be achieved through civil legislation.
Is such a position defensible on the basis of Catholic moral principles?
“That position could be argued,” Johnstone said, emphasizing that he did not necessarily agree with it. He noted, however, that such a stance would be virtually impossible to reconcile with recent magisterial documents such as the Congregation for the Doctrine of the Faith’s Doctrinal Note on some questions regarding the participation of Catholics in political life.
“A politician may never foster laws that open the way to more abortions,” Johnstone said. “But if a person is convinced that attempts to eliminate abortion by law are not feasible under present circumstances, and genuinely pursues other social means to accomplish that end, that could be judged coherent with Catholic moral thinking,” he said.
Gahl agreed, but placed two conditions.