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This Is an Extraordinarily Important Book—Arguably the Most Important Study of the Thought and Influence of John Courtney Murray in Forty Years

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This Is an Extraordinarily Important Book—Arguably the Most Important Study of the Thought and Influence of John Courtney Murray in Forty Years “This is an extraordinarily important book—arguably the most important study of the thought and influence of John Courtney Murray in forty years. Hudock elucidates how Murray’s contribution to North American and world Catholicism transcends the tired political labels of our time, so that both Catholic ‘liberals’ and ‘conservatives’ have benefited from his forceful defense of religious liberty and freedom of conscience. A must-read.” — Mark Massa, SJ Dean and Professor of Church History School of Theology and Ministry Boston College “Barry Hudock’s book offers a much-needed retrieval and a clear synthesis of the distinctive American contribution that John Courtney Murray’s ideas on religious freedom made to the church and to the global community of nations. At a time when religious freedom has reemerged as a key and controversial issue within the United States and around the world, Hudock’s timely study of Murray’s work unquestionably demonstrates that the subject of religious freedom cannot be reduced to yard signs or sound bites. A must-read for all entrusted with the power and responsibility to wrestle with the difficult task of reconciling religion and society and Church and State relations, especially theologians, bishops, political leaders, and judges.” — Miguel H. Diaz, PhD U.S. Ambassador to the Holy See, Ret. John Courtney Murray University Chair in Public Service Loyola University Chicago “Fifty years after the declaration Dignitatis Humanae of Vatican II was promulgated and during a time of debate on religious liberty in the United States, Barry Hudock’s book on John Courtney Murray provides readers—and especially American Catholics—with a valuable contribution for understanding not only the issue of freedom but also the key role of theology and theologians for the church and for our society at large.” — Massimo Faggioli Author of Sorting Out Catholicism:A Brief History of the New Ecclesial Movements Director, Institute for Catholicism and Citizenship University of St. Thomas “Barry Hudock’s account of the life and work of John Courtney Murray shows that the development of Catholic teaching on religious liberty cannot be reduced to abstract, numbered paragraphs in an encyclical or catechism. It is a riveting story of clashing personalities, impossible possibilities, and hope against all hope. It is the story of the Holy Spirit at work in the church.” — M. Cathleen Kaveny Darald and Juliet Libby Professor Boston College Struggle, Condemnation, Vindication John Courtney Murray’s Journey toward Vatican II Barry Hudock Foreword by Drew Christiansen, SJ A Michael Glazier Book LITURGICAL PRESS Collegeville, Minnesota www.litpress.org A Michael Glazier Book published by Liturgical Press Cover design by Monica Bokinskie. Portrait of John Courtney Murray by Jamel Akib. Excerpts from documents of the Second Vatican Council are from Vatican Council II: The Conciliar and Postconciliar Documents, edited by Austin Flannery, OP, © 1996. Used with permission of Liturgical Press, Collegeville, Minnesota. Excerpts from “Leo XIII: Separation of Church and State” by John Courtney Murray in Theological Studies 14 (June 1953): 145–214. Used by permission of SAGE Publications. © 2015 by Order of Saint Benedict, Collegeville, Minnesota. All rights reserved. No part of this book may be reproduced in any form, by print, microfilm, micro- fiche, mechanical recording, photocopying, translation, or by any other means, known or yet unknown, for any purpose except brief quotations in reviews, with- out the previous written permission of Liturgical Press, Saint John’s Abbey, PO Box 7500, Collegeville, Minnesota 56321-7500. Printed in the United States of America. 123456789 Library of Congress Cataloging-in-Publication Data Hudock, Barry. Struggle, condemnation, vindication : John Courtney Murray’s journey toward Vatican II / Barry Hudock. pages cm “A Michael Glazier Book.” Includes bibliographical references. ISBN 978-0-8146-8322-4 — ISBN 978-0-8146-8347-7 (ebook) 1. Murray, John Courtney. 2. Catholics—Biography. 3. Theologians—United States—Biography. I. Title. BX4705.M977H83 2015 230'.2092—dc23 [B] 2014035587 This is dedicated to Barb Aimino, Geoff Brown, Cheri Graham, Laura Guidice, Tina Havrilla, Shawn Iadonato, Alicia Kopas, Doug LaMarca, Penny Learn, Arley Lewis, Dave Lishinsky, Sheila Pearce, Ed Skarbek, and Birgit Voll. I miss you guys. And also to my wife Antoinette and our lively crew: Abigail, Cecilia, Nicholas, Hope, Gianna, Jacob, and Brittany. Vi amo, tutti. Contents Foreword ix Acknowledgments xvii Introduction xix A John Courtney Murray Timeline xxv Part One: Meet John Courtney Murray Chapter 1: Who Is John Courtney Murray? 3 Chapter 2: The “Received Opinion” 10 Part Two: Battle Lines Chapter 3: Intercredal Cooperation (1942–1945) 21 Chapter 4: The Conversation Turns: Religious Freedom (1945–1948) 29 Chapter 5: Considering History (1948–1949) 35 Chapter 6: The Battle Is Engaged (1950–1952) 47 Chapter 7: Digging Deeper: The Leo Articles (1952–1954) 57 Part Three: The Silencing of Fr. Murray Chapter 8: Enter Ottaviani (1953) 71 Chapter 9: The Pope Speaks, Murray Seals His Fate (1953–1954) 81 Chapter 10: “You May Write Poetry” (1954–1958) 90 Chapter 11: The Truths We Hold (1959–1960) 101 vii viii Struggle, Condemnation, Vindication Part Four: Vindication and Vatican II Chapter 12: Disinvited . and Invited (1959–1963) 111 Chapter 13: Peritus Quidam (1963–1964) 123 Chapter 14: Days of Wrath (1964–1965) 132 Chapter 15: The American Contribution to the Council (1965) 148 Chapter 16: After Vatican II (1965–1967) 160 Conclusion: A Call for a Little More Doctrinal Humility 169 Bibliography 173 Index 182 Foreword “Civilization is formed by men [sic] locked together in argument.” The line belongs to the late Dominican scholar Thomas Gilbey. It dramatizes a lesson Gilbey, a twentieth-century historian of medie- val social and political thought, learned from medieval Scholasticism. Namely, ideas grow and develop, are qualified, controverted, refined, distorted—and sometimes reemerge—in a continuous argument across the generations. That kind of argument, Gilbey believed, was Scholas- ticism at its best. An idea does not become real until it has been refined in argument with others. A Life in Dialogue John Courtney Murray cited Gilbey’s line about “men locked to- gether in argument” in the opening essay of his 1960 book We Hold These Truths, “The Civilization of the Pluralist Society.” In that book, Murray’s interlocutors were proponents, like himself, of the Catholic natural law tradition in dialogue with its critics: contemporary Prot- estants like Reinhold Niebuhr, Robert McAfee Brown, and Julian Hartt; classic Anglo-American political thinkers like John Locke and the American Founding Fathers; legal theorists like Adolf Berle; and militant secularists like Sidney Hook. Secular liberals were the targets of Murray’s sharpest criticism. “Barbarians,” he called them, for “corrupting the inherited wisdom by which the people have always lived and creating a climate of doubt and bewilderment in which clarity about the larger aims of life are dimmed.” Murray’s controversialist style, evident in this quotation from We Hold These Truths, was colored, no doubt, by the study of scholastic philosophy with its responses to adversarii who held alter- native or erroneous positions. In Murray’s time at Woodstock College, ix x Struggle, Condemnation, Vindication the Jesuit major seminary where he taught, students were still invited to do public defenses of disputed questions (quaestiones disputatae) in which fending off opposing positions was essential to the performance. One irony of the history of ideas is that, among today’s Catholic sectarians and proponents of Radical Orthodoxy, Murray’s political theology is mischaracterized as a Catholic sellout to liberal American culture. In Murray’s own day, however, he defended the Catholic tra- dition against secular liberalism, what we today call “libertarianism.” At the same time, he endeavored to persuade his fellow Catholics and Americans at large of the congruence between the idea of limited government in medieval Catholic political thought and the American constitutional principle of separation of church and state. Contrary to his critics, on many issues Murray was a political and social conservative, esteeming “the ordered freedom” advocated by traditionalist conservatives like Russell Kirk. He often sounded like Edmund Burke. Public consensus is sustained, he believed, by a balance of reason and custom. When people “live together according to reason,” he wrote, “reason is embodied in law and custom, and incorporated in a web of institutions that sufficiently reveal rational influences, though they are not, and cannot be wholly rational.” Present-day readers should bear in mind that Murray was a twentieth-century natural law thinker, educated before the biblical revival and the ecumenism that followed Vatican II. Those currents of thought informed the thinking of some of his European collaborators at Vatican II, like the French Dominican Yves Congar. Whereas Murray’s natural law political theology defines the first chapter of the Declaration on Religious Liberty, Congar’s more pastoral and biblically informed theological style can be seen in the formulas of the second chapter. The parallel expositions within the one document are an accurate reflec- tion of a critical stage in the evolution of the church’s political-moral thought at the time of the council. While Murray worked amicably with the proponents
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