Sun., Feb. 28, 1999

Separating church and state

 By MICHAEL W. FREEMAN

 FALL RIVER -- When Bishop Sean P. O'Malley announced Thursday he was opposed to capital punishment, he said he hoped to influence Catholic legislators to vote against the death penalty, even if that's unpopular with voters.

 O'Malley issued a pastoral letter outlining his position, and said he hoped the letter would "help people understand what the church's teaching is."

 In doing so, O'Malley ignited a debate that's been controversial for decades: not the death penalty, but whether Catholic legislators should follow the teachings and values of the church, even when they're at odds with the views of a majority of Americans.

 In his pastoral letter, O'Malley noted the church has been consistently "pro-life" on the issue of abortion, and should also take a stand against the death penalty to demonstrate that all life has value.

 Polls nationally and in Massachusetts, though, indicate a majority of voters support the U.S. Supreme Court's decision legalizing abortion, and an even larger majority favors the death penalty.

 In his pastoral letter, O'Malley cited Catholic principles for his opposition to both abortion and capital punishment, writing "Killing murderers does not deter murders, but, rather, promotes an attitude that life is cheap and that when we have the power, is all right to kill."

 O'Malley also wrote that because modern society has the resources to separate criminals from society "without having recourse to the extreme of capital punishment, the Church opposes capital punishment. Capital punishment can be moral only when is necessary for public safety. It is no longer necessary, and therefore must be abolished."

 Two local legislators who are Catholic, Rep. Michael J. Rodrigues of Westport and Rep. John F. Quinn of Dartmouth, both agree with the church's opposition to abortion, but they disagree on capital punishment. Rodrigues supports the death penalty, while Quinn does not.

 While acknowledging they're guided by their religious upbringing, both Rodrigues and Quinn said they have no problem separating their Catholic beliefs from their public policy views.

 "I think it's a matter of developing public policy separate from the church teachings," Quinn said. "I happen to be in line with the church, and I'm a good Christian, but you have to make some judgments on these issues. I think like any faith ... you've got internal values that were created, but as someone elected to office, you've got to make independent judgments."

 Even though he agrees with the church's position on abortion and the death penalty, Quinn stressed the church doesn't dictate his views on these or any other issue.

 "There's not some heavy-handed influence by the church on this (death penalty) issue," Quinn said.

 Rodrigues said he's definitely influenced by his religious upbringing, and sometimes looks for guidance from those values when deciding how to vote on a controversial bill.

 "With the religious upbringing I had, and my continued faith in my religion, I really do put a lot of faith in that," he said.

 Still, Rodrigues said he doesn't feel obligated to support the church's position on all matters. Rodrigues noted he opposed the death penalty as recently as 1997, until the brutal rape and murder of 10-year-old Jeffrey Curley convinced him some crimes were so horrific that a death sentence was the only proper punishment.

 The brutal murder of a black man in Jasper, Texas -- dragged to death behind a pickup truck until he was decapitated -- also convinced Rodrigues the death penalty can be warranted in some cases.

 "I do take what (the bishop) says very seriously," Rodrigues said. "There's been discussion whether or not the bishop has a role in this debate or should weigh in on this issue, and I do feel that is his job as a religious leader in the area."

 Still, Rodrigues added, "I do differ with him."

 While noting his opposition to abortion is rooted in his Catholic believe that life is sacred, Rodrigues said the rights of the unborn and the rights of criminals are very different.

 "I don't know of any unborn fetuses that have committed any of these heinous crimes like the one they did in Jasper, Texas," Rodrigues said. "I think they're two separate and distinct issues."

 Quinn and Rodrigues disagreed on whether Catholic politicians have an obligation to set aside their religious beliefs when formulating public policies that affect everyone.

 Quinn said lawmakers should represent the values of all their constituents, even if they're not Catholic or religious, and strive for "a blending of your own values and the need to respond to what your constituents want."

 Rodrigues, though, said there's nothing wrong with a Catholic lawmaker basing his public positions on his faith, as long as he's up front with his constituents about it.

 "I feel it's incumbent upon a candidate and an elected official to really make clear where they stand on these sorts of issues," Rodrigues said. "Then it's up to the voters. ... But you cannot say 'I am philosophically opposed to the death penalty, but I'll vote for because my constituents want me to.' I don't think that's right."