By Denise Ross

Catholic Bishop of the Rapid City Diocese Blase Cupich sent a letter to his parishoners explaining that he has decided to allow the anti-abortion activists seeking to put an abortion ban on the 2008 South Dakota ballot to gather signatures at Catholic churches this weekend.

The letter, above, and a related bulletin, below, encourage Catholics to look favorably on the proposed abortion ban, which has exceptions for rape, incest and health of the mother. [Full text on the jump.]

The letter says:

Given the fact that this proposed law is a serious attempt to limit the number of lives lost through abortion, I am convinced that we, your pastors, must do all that we can to provide you with the opportunity to know more about his effort and to participate in it. 

The bulletin says:

The ultimate and prefered goal is to defend the right to life for all the unborn against the violence of abortion. However, a gradualist approach is also a responsible and justifiable way of proceeding.

To read the full text click “Read more.”

LETTER:

Dear Brothers and Sisters in Christ:

In November 2006, voters in the State of South Dakota overturned the abortion ban bill passed by the legislature and signed into law by the governor. Polls taken afterward indicated that nearly two-thirds of the voters in our state supported a legal ban on abortion, but a significant number of voters believed that there should be limited exceptions to such a ban, particularly in cases of rape, incest or risk of substantial injury to the mother. These exceptions account for less than ten percent of the abortions in South Dakota.

Presently, a new petition drive is being initiated by citizens to place a proposed law on this November’s election ballot that would prohibit abortion except in cases of serious risk to the life and health of the mother, and rape and incest. I fully recognize that Catholics may oppose this particular effort because they have decided that this proposed law does not reflect the fullness of the Church’s teaching on the sanctity of life due to the presence of exceptions. Nonetheless, given the fact that this proposed law is a serious attempt to limit the number of lives lost through abortion, I am convinced that we, your pastors, must do all that we can to provide you with the opportunity to know more about this effort and to participate in it. Therefore, I have given permission for a petition drive to be conduced in your parish with the approval of your pastor. The petition drive will take place February 23-24, according to the procedure your pastor will outline for you.

I ask that you carefully study the bulletin insert on the proposed law and pray for the grace of God’s wisdom about your response to this serious effort to protect women and their unborn children. This is an opportunity for all of us to join together in thought and prayer about how best to protect the sanctity of life from conception to natural death. I encourage you to talk to each other as family members and as friends about this matter. There are legitimate differences about how to codify the truth of the unconditional right to life for all human beings in a legislative act, whether it is in regard to abortion or other attacks on human life in our state. Regardless, such efforts must never end, and in all of this, we must never forget the supreme law of charity which calls us to respect and love one another.

Sincerely yours in Christ,

Most Rev. Blase J. Cupich, Bishop of Rapid City

BULLETIN:

The Petition to Place on the November 2008 Ballot a Proposed Law called:

An act to protect the lives of unborn children, and the interests and health of pregnant mothers by prohibiting abortions except in cases where the mother’s life or health is at risk, and in cases of rape and incest.

1. What does this proposed law do? This initiative is designed to protect the lives of unborn children, and the interests and health of pregnant mothers, by prohibiting abortions except in cases where the mother’s life or health is at risk, and in cases of rape and incest.

2. How will these exceptions be interpreted? The porposed law has measures to ensure accountability. Sections 5-8 of the initiative clearly define that a woman who indicates she has been raped or is the victim of incest must report the crime prior to seeking an abortion. The abortion clinic has the responsibility of making sure that the proper authorities are provided a complete report, including the woman’s name and contact information, and the details regarding the rape or act of incest and the perpetrator. Further, the abortion clinic must obtain the woman’s consent to collect evidence from the abortion for DNA analysis and within 24 hours make arrangements to provide the sample to authorities. The abortion clinic is also responsible for providing counseling referrals to the victim.

Moreover, the health clause is defined in precise terms so that it cannot be misconstrued broadly beyond a person’s physical integrity. Section 4 of the initiative offers a clarification regarding the health risk. It is a “… serious risk of a substantial and irreversible impairment of the functioning of a major bodily organ or system of the pregnant woman should the pregnancy be continued and which risk could be prevented through an abortion, unless in reaching that judment the physician knowingly disregards accepted standards of medical practis.”

3. Can we morally support a law that does not protect all of the unborn? Admittedly, this initiative is not perfect, as it does not completely protect all unborn life. Such an initiative failed in 2006, with only 44 percent of voters favoring an end to abortion in all cases. However, polling indicates that a strong majority of South Dakotans are in favor of ending abortion as a means of birth control and that they would support an abortion ban that allows exceptions in cases of rape and incest and when the life and the health of the mother is at serious risk. Clearly, this proposal is a serious attempt to significantly limit the number of lives lost through abortion.

Surely, one can oppose an imperfect law in good conscience on the grounds that it does not reflect the fullness of the Church’s teaching on the sanctity of life due to the presence of exceptions. The ultimate and preferred goal is to defend the right to life for all the unborn against the violence of abortion. However, a gradualist approach is also a responsible and justifiable way of proceeding. This involves passing a law to prohibit some abortions in view of what is presently possible, to be followed by further incremental steps taht increasingly are more effective in protecting unborn human beings. Pope John Paul II advocated such a position in The Gosepel of Life. He wrote that whenever it is impossible to overturn or abrogate all laws permitting abortion, it is licit to support proposals aimed at limiting the harm done by such laws. Such support for a limited outcome is not a form of cooperation with an unjust law, but rather, as John Paul II rminds us, is a legitimate attempt to limit its evil aspects (cf. paragraph 73).

4. Does this proposed law have a reasonable chance of success? Yes. More than a dozen attorneys came together, including the attorney general of South Dakota, to write this initiative to ensure that it contained the strongest language that can be protected in a court of law.

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