Ethics

Are Vaccines Manufactured on Aborted Fetal Cell Lines Morally Acceptable?

Note:  The following opinions do not necessarily reflect the position of Children of God for Life one way or another.  They are offered for our readers as a means of educating oneself on the various aspects of aborted fetal vaccines.

Morally Acceptable - Yes

Article: Vaccine From Aborted Fetus Cell Lines Judged Morally Acceptable by Joseph Kenney

When the following article appeared in several Catholic publications, beginning in late February of this year, the public became aware of a little known fact about the vaccines we have given our children for years.  And the reaction and response has been rather overwhelming from parents, pediatricians and pro-life groups across the country. Below is the original article, followed by letters and subsequent editorials on this subject, printed through August 23rd, 2000.  Articles are in chronological order.

National Catholic Register March 12-18

Vaccine From Aborted Fetus Cell Lines Judged Morally Acceptable 
by Joseph Kenney

Ethicist says the individual is not in immoral cooperation with the evil of abortion

      The St. Louis Archdiocesan Pro-Life Office says using a hepatitis vaccine derived from cell lines developed from an aborted fetus is morally acceptable because it is the only available alternative to the spread of the disease.  The office said it had been receiving inquiries about the ethics of such vaccinations when a bill was passed in St. Louis County ordering food handlers to be vaccinated.  Some of them have refused to get the vaccine because of their pro-life views.
Hepatitis A, a viral infection of the liver, is usually contracted by consuming food or drinks handled by an infectious person.  The vaccination against it requires an initial shot followed by a booster shot.  In making its determination, the Pro-Life office cited research by ethicist Dr. Edward Furton of the National Catholic Bioethics Center in Boston, who concluded it is permissible for a Catholic to receive the vaccine since the individual is not in immoral cooperation with the evil of abortion.
In an interview with the St. Louis Review, archdiocesan newspaper, Father Edward Richard, professor of moral theology at Kenrick-Glennon Seminary in St. Louis said he agreed with Furton’s conclusions.  “There’s no alternative if we want to prevent the spread of disease and the consequences that flow from that”, Father Richard said.  “The use of the vaccine itself is not intrinsically evil. Certainly the origins are, but the person who uses it, wants to do something positive”, he added. “The church wants to do all it can to promote life and the respect for life”, he said. People who believe they should refuse the vaccine because it flows out of abortion “have very legitimate feelings about their respect for life – and that is to be commended”, he added.
However, Father Richard emphasized there is no other option available, not just in the case of the hepatitis A vaccine, but also when it comes to rubella, chicken pox and other vaccines.
“No one should have to be put in this position”, he said. “In spite of the fact that people find this totally abhorrent and want nothing to do with it, the moral principles of the church always apply.  One can morally use the vaccine.”  Father Richards said those who want to make a strong case against the health care industry must consider the protection of others and their own lives.
“They cannot endanger the lives of others in the community,” the priest said.  Furton said adults have a moral obligation to provide vaccinations to their children and operators of daycare centers also have a responsibility to protect children from potentially deadly diseases.  Father Richard said Catholics have “some positive obligations to fulfill in protecting the public, protecting children and protecting ourselves.”
“These are serious.  We are talking (about) not only potential but the likelihood that the disease would spread,” he added.  “The desire to be moral in that respect, to protect ourselves when something is available, is the motivation for using the vaccine. – CNS

Letters of response to the Editor.
National Catholic Register (April 2-8, 2000)

LETTERS

Vaccines and Abortions

I am shocked and saddened to see the St. Louis Archdiocese make the statement that the use of the Hepatitis-A vaccine, taken from aborted fetus cell lines, is morally acceptable. (“Vaccines From Aborted Fetus Cell Lines Judged Morally Acceptable,” March 12-18).  And Ted Furton from the National Catholic Biothics Center should know better than to take such a stand when less than a month ago, he cried out for Catholics to protest the National Institutes of Health (NIH) request for federal funding of stem cell research using human embryos.
The two moral atrocities are really not different from one another. By (quoting Father Richard’s statement) that “the use of the vaccine is not intrinsically evil…certainly the origins are,” the message you are sending is that abortion is OK as long as the outcome produces something good.  And such a statement is no different from the convoluted theory used by the NIH in attempting to procure federal funding, which is that the actual funding would not be used to destroy the embryo, so the research could be divorced from the destruction itself.  In both cases, human babies must be destroyed to produce the desired results.
Since 1973, Roe v Wade has decided that embryos or fetuses are not persons and therefore are not not entitled to legal protection or rights.  And so we go about treating them as such, by using human remains of deliberately killed babies to create pharmaceutical products.  Instead of being a precious gift from God, human life is treated as a commodity.  How can you expect any good Catholic to buy into that?  I will quote two sources that do not support what the Archdiocese of St. Louis is saying.  The first comes from the Catechism of the Catholic Church: “Research or experimentations on the human being cannot legitimate acts that are in themselves contrary to the dignity of persons and to moral law” (No.2295). The second comes from Dr. Edmund Pellegrino, director of bioethics at Georgetown University: “You cannot do something evil so that something good may come from it”.  Need I say more?
Debi Vinnedge
Clearwater, Florida

Please tell me this is a mistake.  This is Nazi Germany revisited.  We have had a non-controversial vaccination for
years – even before abortion was legal.  I pray God you correct this error.  This is the crack in the door our enemies are looking for. Please give arguments against using aborted babies to benefit someone else.  In your article on the first page (of the same issue) Franz Jaegestaetter gave his life rather than help a Nazi dictator, even when clergy were asking him not to follow his conscience.  God help our priests teach as Jesus taught. Please, National Catholic Register, stay on track.
Ruth Sweeney
Springfield, Ohio

Below is the Editor’s response – same issue.
National Catholic Register (April 2-8, 2000)

EDITORIAL
Vaccines and Abortion

One letter begins this way: “You goofed!”  It sums up many comments on the story, “Vaccines from Aborted Fetus Cell Lines Judged Morally Acceptable” about the St. Louis Archdiocesan decision (by Joseph Kenney) of the Catholic News Service, in the March 12-18 Register)
“This is like saying abortion is OK if it is used for a good purpose”, continued the letter. “Or the end justifies the means.  Anybody taking Theology 101 knows that the end does not justify the means.”  The tragic reality is that the use of aborted children is linked, in its past, to the hepatitis-A vaccine in question.  But the immorality of using it is not as clear-cut as it may appear.
The principle that “You cannot do something evil so that something good may come from it”, is certainly true.  Work that destroys a human life at any stage and for any reason is certainly wrong.  But once such work has been done, and has produced a beneficial vaccine, should that vaccine be avoided?  Not on the ends-and-means principle.
After all, if we were to avoid using any good that was the result of evil acts, we would find ourselves condemning the adoption of the child of an unmarried mother.  We would also find ourselves shunning things we use every day:  technological developments originally made in producing immoral weapons, etc.
Still, in the case of an evil so great and so pervasive as abortion, many find good reason to oppose the vaccine.  The U.S. bishops’ point-man on human life questions is Richard Doerflinger.  In battles in the National Institutes of Health and Congress, he has provided a great service to the pro-life cause.  His answer on the question of vaccines, speaking to our sister publication, Catholic Faith & Family (Nov 21 – Dec 4), is perhaps the best.
“Certainly, the abortions [for research] were immoral, but the idea that a person is complicit in that act many years later is a difficult argument to make.  Nevertheless, it’s worthwhile to insist to the vaccine manufacturers that they produce these vaccines in other ways in the future.  A Catholic may want to make a moral statement by refusing the vaccine, but the people who analyzed the issue didn’t feel that was a moral requirement.”
“Nonetheless,” he added, “If there are alternatives available that don’t use fetal tissue from abortions, it would be vastly preferable to use those.”

More Letters to the Editor
National Catholic Register April 30-May 6

LETTERS
The Means of Vaccines

    Your editorial comment “Vaccines and Abortions” (April 2-8) is astounding!  I cannot see how you have come to the conclusion that the cold-blooded murder of a baby by abortion, coupled with the obvious advanced knowledge of a pharmaceutical firm in need of cells from such a victim, somehow can be equated with “adoptions of the child of an unmarried mother”.  What?
You refer to something called “ends and means”. Well, according to Father John Hardon, SJ, in The Catholic Catechism, “good intentions alone are not enough, as though we could do moral good by using evil means.  This is the error that the end justifies the means.  We may never do evil to attain an otherwise good end.”  No one is arguing that a parent is complicit in the act of murder because he wishes to have his child vaccinated.  However, as Catholic physician Christopher Kahlenborn points out regarding patients who request such vaccines, they should “be informed of the source of the cell line that is used to make the vaccines so that they can make an informed choice based on knowledge and faith.”
Author Steve Kellmeyer has written, “Drug companies use these cell lines because the cell lines make money.  The cell lines will only be discarded when market pressures demonstrate they do not make money.”  It is up to us, the consumers, to make that happen by standing up in defense of life, refusing to accommodate the drug firms’ lack of desire to develop alternatives that do not rely on cell lines taken from murder victims and trusting that God will protect us, our children and the souls of those whose eternal health is in jeopardy if we remain silent.  The end, in this case, does not justify the means, sir!
Judie Brown
American Life League, Inc.
Stafford, Virginia

In the Same Issue, Another Article
National Catholic Register April 30-May 6, 2000

Vaccines and Abortion:
Cooperation or Cop-Out? 
by Don DeMarco 

Too scrupulous a moral attitude can lead to paralysis and, as a consequence,
leave a great deal of good undone.
The thought that Catholic leaders could approve the use of a vaccine developed from aborted fetus cell lines appears at first glance, shocking.  Yet this is exactly what the St. Louis Archdiocese and the editor of Ethics and Medicine at at the National Catholic Bioethics Center did recently.  The question that their approval raises is whether they have placed themselves on the same path that connects a tragic past with a dangerous future.  So whose side are we on?
The moral ramifications of the issue are indeed, highly complex.  What may initially seem shocking may turn out to be, if not permissible, then at least, less shocking. My personal sense is that the private and medically indicated uses of vaccines derived from aborted fetuses, such as WI-38, which was developed from a 3 month aborted female in 1961, can be viewed as “remote material cooperation” and morally permissible. Where no alternative is available, cooperation in immoral acts admits to a variety of important moral distinctions.  Not every kind of such cooperation is morally equal.
At their general meeting in November 1994, the Catholic Bishops of the United States approved a revised and expanded text of their Ethical and Religious Directives, a document summarizing much of the Church’s teaching regarding health care.  At the end of the Directives, in an appendix, the bishops provide a statement intended to clarify the terms pertaining to different degrees of cooperation in immoral acts.
The first important distinction they make is between the “action of the wrongdoer” (whom we might call the “operator”) and the “action of the cooperator”.  It may prove helpful here to note that the notion of “cooperation” can be so limited and tenuous, in certain circumstances, that it may be more accurately represented by the word “involvement”. “Cooperation” suggests willful complicity, whereas “involvement” leaves room for a person being “drawn into” a situation in which his degree of consent is significantly weaker.
According to the bishops, if the cooperator intends the object of the wrongdoer’s activity, he exemplifies formal cooperation (which is always morally wrong), whereas if he does not, he exemplifies material cooperation (which may or may not be morally wrong).  With regard to the medically indicated, private use of the vaccine in question, it is clearly not a case of formal cooperation (explicit or implicit) where the agents neither intend, approve, nor condone either the act of abortion or the acts by which fetal tissue was used to generate the vaccines.
Delicate Distinctions
The second important distinction that the bishops make is between immediate and mediate material cooperation.  One is guilty of the former when his object is the same as the the object of the wrongdoer (the collusion of the pharmacists and the abortionists, for example).  Here, immediate material cooperation is tantamount to implicit formal cooperation.  In the case of mediate material cooperation, the object of the cooperation is not the object of the wrongdoer.  Concerning the vaccine, the object of the user is health and not the abortion of the fetus or the cultivation of a cell line.   The bishops state: “When the object of the cooperator’s action remains indistinguishable from that of the wrongdoer’s, material cooperation is mediate and can be morally licit.”
Over the years, Catholic moralists have employed a further refinement, dividing mediate material cooperation into the proximate and remote.  While it is difficult to draw a clear line that would separate the two, the distinctions can be useful.  Here is an example.  A secretary is aware that some of the statements that she types for her boss are lies.  She may be disturbed by this and may feel that, if she protests, she risks losing her job.  At the same time, she has no prospects for another job and has a child who is dependent on her.  She cooperates materially, but not formally (she does not assist in crafting more convincing lies).  She does not intend the object of her boss’s deception.  Her cooperation is proximate.  But the cooperation of the people in the mailroom (who also know about the lies) is remote.  And that of the mail carriers who deliver the mail is so remote as to be clearly morally inculpable.  As material cooperation becomes increasingly remote, it passes from cooperation to increasingly diluted forms of involvement, through loose association to complete disassociation.
Many churches have been built and maintained thanks to Mafia contributions.  But it would seem that church attendance would exemplify an extremely remote (and therefore morally inculpable) material involvement, especially where the participant does not affirm in any way how the donors acquired their money or even the fact that they made their contributions.  Nor would a store clerk be morally cooperating in wrongdoing by selling merchandise to a member of the Mafia whom he has good reason to believe derives his income from illicit activities.  Wrongdoing leaves its fingerprints virtually everywhere.  Can a person stay at a hotel that provides “adult” entertainment for its patrons without cooperating illicitly with an evil?  It would seem that such cooperation is sufficiently remote as to be innocent of any moral censure.
The bishops also advise that the “object of material cooperation should be as distant as possible from the wrongdoer’s act,” and that any act of material cooperation requires “a proportionately grave reason.”  The grave reason for using the vaccine may very well be the health and continued life of one’s children, surely a grave reason.  But is such a reason “proportionate”, that is, does the good of the vaccine outweigh whatever evils might be unleashed as a result of its use?
Purifying
One must take into consideration the possibility of scandal, the charge of hypocrisy, further institutionalizing the abortion-vaccine industry, and so on.  These potential evils, however, can at least theoretically, be effectively opposed.  Once can publicly denounce abortion and the cultivation of vaccines from aborted fetuses, lobby to encourage scientists to cultivate vaccines from non-human sources and still use the vaccine.  On the other hand, not to use the vaccine could be interpreted as an abdication of parental responsibility and could bring considerable stress into a marriage relationship.  In short, the use of such a vaccine may be understood as a form of morally acceptable cooperation that is material and remote.
Can it really be morally permissible to benefit from something whose genesis is morally impermissible?  Surely a child conceived by rape can enjoy the benefits of human existence without endorsing the nature of the act that brought him into being.  It can be permissible to enjoy such a benefit if there is a proportionate reason to use the benefit and the degree of material cooperation is so remote from the wrongdoing that the cooperator does not incur any moral culpability for the wrongdoings that were initially committed.  In particular cases, however, where one is able to defend his actions, one may even be obliged to do so.  One is not morally bound to refrain from performing a good action because others, who are ignorant, may voice censure or disapproval.  The obligation to educate may be very strong.  A moral choice with an explanation is better than inaction combined with a fear of the opinion of others.
Part of the meaning of the “global village” in which we live is that the contamination from various acts of wrongdoing has seeped into almost every corner of our existence.  Given what is shown on television these days, can anyone justify owing one?  Many food items one purchases at the grocery store have a genesis that involves a worker exploitation or even slave labor.  Is one even allowed to to watch an NBA game, given the stories that exist concerning the making and selling of certain sneakers?  We pay taxes to governments that subsidize abortion and other crimes.  Too scrupulous a moral attitude can lead to paralysis and, as a consequence, leave a great deal of good undone.
The notion of excusable, remote, material cooperation allows us to be involved in a morally contaminated world without contributing to that contamination.  The medically indicated use of vaccines cultivated from aborted fetuses can be morally licit.  And it can be done without giving approval to the way they were developed, and without necessarily contributing to any of the associate evils that we rightly denounce.  There are distinctions that must be made so that we can live with a clear conscience and cooperate with others in our problematic world – so that we can be effectively in the world, without being of it.

Don DeMarco, a philosophy professor at St. Jerome’s University in Waterloo, Ontario, is a member of the American Bioethics Advisory Commission.

The following letter to the editor appeared in response to the above article
National Catholic Register May 14-20, 2000

LETTERS
Vaccines and Abortion

    Vaccines and Abortion:  Cooperation or Cop-out? (April 30-May 6) puts words in the bishops’ mouths.  What the bishops say is that material cooperation “may or may not be morally wrong.”  DeMarco is the one who starts changing words around, saying the word cooperation can be “so limited and tenuous”, etc.  The bishops go on to state: “When the object of the cooperator’s action remains distinguishable from that of the wrongdoer’s, material cooperation is mediate and can be morally licit.”  Not that it is.
The parallel examples…[such as] the many churches built and maintained by the Mafia and the people using these churches, are a far cry from using vaccines [developed] from aborted fetuses.
John Hrach
Fort Pierce, Florida

In response to yet another rash of letters, the following article was written
National Catholic Register – June 18-24, 2000

Vaccines OK’d Despite Dark Past
by Una McManus
Register Correspondent

After a flood of mail on the topic, the Register asked several of the nation’s top Catholic thinkers to speak about the morality of using vaccines that were developed from the tissues of unborn children aborted in the 1960’s.  All agreed with bishops’ statements that the vaccines, though their origins are evil, are permissible for Catholics to use.  The group included pro-lifers such as Humanae Vitae scholar Janet Smith, moral theologian Msgr. William Smith and former abortionist Bernard Nathanson.  Their individual responses follow:
Msgr. William Smith
Professor of Moral Theology, St. Joseph’s Seminary in Yonkers NY, Board Member New York Right to Life Committee
“There is a clash between the parental duty to provide health care and the call to heroic witness.  The heroic is extraordinary and it’s optional.  You can’t mandate martyrdom anymore than you can mandate miracles.  There is a principle in moral theology that  ‘no one is held to the impossible’.  If people say it is possible, wait, you have to look at the balance here.  Parents obviously have a duty, in fact a serious duty, to provide ordinary health care for their children.  When you balance this certain obligation against a tenuous one, one for which there’s no real agreement, the answer seems obvious.  That may not be convincing to everyone, but it seem obvious and safely prudent to me.
Now, some people say there’s the problem of scandal.  Maybe, maybe not.  How do you get out of [using these vaccines]?  No one in their right mind is going to ask parents to de-vaccinate their children.  That’s just dumb.  Or not to vaccinate them at all.  The question of scandal is a question upon which perhaps not everyone agrees.  Scandal is some word, deed, or omission that is evil or has the appearance of evil.  However, I would prefer that more present attention be given so that similar things either not be initiated or even worse things not come about with fetal tissue research and so on.  You don’t have to keep asking the question: Where does this tissue come from?  I’m much more in favor of putting our limited energies on some current things that we may be able to prevent.  That doesn’t mean that there are no problems (with certain vaccines).  There are problems.  But I would hope that we are not looking at a 30-year-old runaway while other planes are taking off right under our noses.”
Janet Smith
Professor of Philosophy, University of Dallas
“Is it wise in our present culture – what Pope John Paul II has called a ‘culture of death’ – to use vaccines produced with the aid of fetal tissue from aborted babies?  Those who argue that it is not place a great deal of emphasis on the scandal and complicity that may arise.  They believe that, in a culture where scientists are salivating over the availability of fetal tissue to use in research, the use of such vaccines will be interpreted as giving approval to such research and perhaps will even give rise to more abortions and experimentation on embryos.  They argue that the vaccines could be produced from fetal tissue from spontaneously aborted fetuses and that such must be done.  This is a very powerful argument.
Others argue that unless there is a concerted effort by a large group of people to boycott the vaccines tainted with the specter of abortion, little if any good will be done – and some harm might be done to those who would greatly benefit from the vaccines.  This too is a powerful argument.
Certainly, I believe that groups should form to protest the fetal tissue to produce vaccines and should [push] to have vaccines produced in a legitimate way.  They may well find a boycott of current vaccines to be a good leverage in the fight.  Nonetheless, I also believe (and am open to changing my mind) that, until such an effort is undertaken, parents concerned that grave harm may come to their children without the use of current vaccines, may use them.”
Bernard Nathanson
Clinical Associate Professor of Obstetrics and Gynecology, New York Medical College
“You cannot tell me that in this day and age, with genetic splicing and recombination and all the bio-technology tricks that have been worked out, that these companies can’t possibly manufacture a vaccine without using fetal cells.  That’s just not conceivable to me.
They’ve got all kinds of ways of programming bacteria to manufacture drugs and all kinds of bizarre proteins and I’m sure if an advanced biotechnical company sat down and tried and plotted a way to manipulate genetically bacterial to do the same thing, they would be able to do it.  But things are no easy now (using the vaccines originally cultured in the aborted fetal cells) and it costs them nothing.  Basically, you’re coming down to dollars and cents.
Nevertheless, I’m not recommending that parents shouldn’t get their children vaccinated.  That’s far too radical a step.  In the present circumstances, with state requirements for routine vaccinations of children and so on, parents probably have to go along with that and use the vaccines.
But this use must be accompanied in parallel fashion by strong organized protest against this kind of vaccine.  Also, Catholic physicians should boycott or otherwise abjure dealing with companies who manufacture their vaccines in this manner.  Pressure must be brought against these companies.”
Father Benedict Ashley, OP
Professor of Moral Theology, Aquinas Institute of Theology (St. Louis) Co-author, Health Care Ethics textbook
” I think parents should go ahead and use the vaccine.  But the fact that they know about the issue raises a question for them:  Is there something they can do about the whole use of embryos in the abortion business?  Perhaps they can protest in come way, or write the companies.  But you know, there’s all kinds of evil in the world that I could demonstrate against but I have to pick and choose what I do to try to prevent these things.  To ask individual people to engage in a boycott or protest, it’s not strictly obligatory.
If the killing of embryos to make these vaccines was ongoing, that would be a different situation.  Then using the vaccines would be encouraging more and more abortions and killings.  Then we’d have to do something to stop it.  But that doesn’t seem to be the case.”
Richard Doerflinger
Associate Director of Policy Development, National Conference of Catholic Bishops, Office of Pro-Life Activities
“Both the British Bishops Conference and the National Catholic Bioethics Center in Boston have done serious analysis of this problem.  Basically, both studies conclude that it is not immoral for a parent to use these vaccines.  Certainly, the abortions were immoral and the vaccine companies’ cooperation with the abortionists was immoral, but the idea that a person is complicit in that act many years later, solely because he or she was presented with the vaccine as the only available way to protect his or her health, is a difficult argument to make.
Nevertheless, it’s worthwhile to insist to the vaccine manufacturers that they produce these vaccines in other ways in the future…A Catholic may want to make a moral statement by refusing the vaccine, but the people who analyzed the issue didn’t feel that was a moral requirement.
If there are alternative vaccines that don’t use fetal tissue from abortions, it would be vastly preferable to use those.  We can certainly make this case to the doctor or the person administering the vaccine and urge them to send that message back up the line.  One can also find out who the manufacturer is.  Contact their public relations office and complain.  Raise the alarm.  These companies respond to pressure.  They operate on the acceptance of the public and if enough people are critical of this approach, they will ask their researchers if there are other ways that don’t raise controversy.  For some vaccines, I think there might be other ways, right now.  In the case of others, they would have to be developed.
Obviously, fetal tissue is not the only effective culture medium for vaccine.  Nor is induced abortion the only way to get fetal tissue.  Tissue from spontaneous abortions or miscarriages would not present the same moral problem.”

                                                                                                                                                Una McManus writes from Columbia, Maryland

The following letter to the editor appeared in response to the above article
National Catholic Register July 9-15, 2000

LETTERS

Vaccine Vortex

    We love the National Catholic Register but we are seriously disappointed in the paper’s continual propagation of the opinion that it is morally acceptable for Catholics to use vaccines developed from the tissue of aborted children. In “Vaccines OK’d Despite Dark Past” (June 18-24) you list the opinions of several well-known and respected Catholic thinkers – all of whom gave the same half-hearted argument – that while nobody likes the way the vaccines were developed, parents are not strictly prohibited in conscience from using the vaccines for the good of their children.
We understand their arguments and respect them, but we think that in our culture of death, the Register would do better to call us to a higher standard, rather than to continually repeat and promote the same minimum-moral requirement arguments which your readers have found such a bitter pill to swallow.
In the article, Dominican Father Benedict Ashley says, “If there are alternative vaccines that don’t use fetal tissue from abortions, it would be vastly preferable to use those.”  National Catholic Register, we implore you to find the vaccines and manufacturers that do not use aborted fetal tissue and promote these in your paper, so that parents will be able to notify their doctors and obtain these life-saving vaccines.
Stephen and Patricia Beaumont
Leeds, Alabama

The following letter to the editor appeared in
The National Catholic Register August 23 – September 2, 2000

LETTERS

Vaccine Volley

      In the July 23-29 Register, Sharon Peerzada of Ventura, Calif., submitted a Web page address to access information on untainted vaccines [Letters, “Help for Vaccine Shoppers”].  I am writing to tell you yes, there are untainted vaccines available for Rubella and Hepatitis-A which are produced in Japan by the Kitasato Institute (a working partner of Merck) and Kaketsuken.  One is from a rabbit cell line and the other is from the cell line of a monkey.  These are safe and reliable vaccines.  The bad news is they are not available in this country and are not approved by the Food and Drug Administration.
As a practicing pediatrician I am well aware of the personal and social benefits of effective vaccines and I have promoted their use for 35 years in my practice.  I am also aware that many good Catholic ethicists have concluded that Catholics may not only use these tainted vaccines but may have a personal and social obligation to do so.   The reason being that, our involvement is only “remote, material cooperation”.  I have read the arguments and I feel convinced that, in this particular case, since there is no ongoing killing of babies involved, “remote, material cooperation” fits.
I am very concerned that if we Catholics and all pro-life groups do not convince the pharmaceutical houses to use untainted cell lines in the production of medical products, they will have no incentive to do so.  Although “remote, material cooperation” is a correct moral argument to justify the use of vaccines using the present cell lines (MRC-5 and WI-38), it only covers this specific case and cannot be used as blanket justification for using stem cells or tissue from abortion.
The destruction of human embryos (persons) for the benefit of others does not wash.  Research using embryonic stem cells – cells derived from the destruction of a living person who is as worthy of protection as you and I – is already taking place in this country.  At the present time, only private funds are being used.  However, I feel sure that the National Institutes of Health guidelines will be approved in the near future so that federal funds will flow into embryonic stem cell research.  The only way we will discourage the use of stem cells and fetal tissue from abortion is the production of medical products will be for us to tell the pharmaceutical houses that we will actively seek out and use ethically produced vaccines in preference to tainted products.  That economic incentive should be persuasive.
If you have an interest and want to help you can go to cogforlife.org.  As Vice President of the National Catholic Medical Association and member of the executive board of the American Association of Pro-Life Pediatricians, I can assure you that we will make our preference known.
Robert J. Saxer, M.D.
Fort Walton Beach, Florida

NOTE:  THERE HAS BEEN NO MODIFICATION OR ALTERATION TO THE CONTENT OF THESE ARTICLES.  COPYING AND CROPPING HAS BEEN DONE TO FIT THIS SCREEN LAYOUT AND PRINTER FORMATS ONLY.

Dr. Edward Furton

Don De Marco  

Richard Doerflinger

Dr. Janet Smith

Dr. Bernard Nathanson

Morally Acceptable - No

Fr. Stephen Torraco, PhD

The Subtle and Far Reaching Tentacles of the Culture of Death 

Rev. Stephen F. Torraco, Ph.D.
Associate Professor of Theology, Assumption College
EWTN Board of Experts, Catholic Questions and Answers, Moral Theology

 There are currently three difficult issues about which the Church’s Magisterium has not spoken. All three issues have to do with the beginning phases of human life. Two of the issues have directly to do with the status of human embryos; and two of them have to do with the use of stem cells and stem cell lines derived from a human person at the beginning of the human person’s life: in one case, from a human embryo, and in another case, from a human fetus. All three issues are difficult for three reasons. First, there is a “gray” or seemingly ambiguous set of circumstances that surround them. Secondly, with all three issues, it is possible to think of legitimate and even noble intentions for pursuing the practices involved in them. Thirdly, on all three issues, proponents of the practices involved appear to resort to apparently sound moral reasoning, especially in terms of the principle of cooperation. However, the fundamental problem afflicting the proponents of the practices connected with these issues is a dangerously narrow moral vision. More specifically, in the face of the long-term implications of modern technology, especially as it relates to human life, these proponents fail to weigh the long-term consequences of their proposed practices.

1. The first issue is about those human embryos that have been brought into the laboratory, usually for purposes of in vitro fertilization, but left unused. The question arises: what should be done with them? Of course, they never should have been brought into the laboratory in the first place. Human embryos belong nowhere except in their own mother’s wombs. Nevertheless, these human embryos are indeed in the laboratory, and a moral decision has to be made about them.

Some have proposed that, in order to save them from being destroyed or subjected to further manipulation, these embryos should be adopted by women in whom they could be implanted for the purpose of gestation and birth. The Magisterium has not spoken specifically to this matter, but has spoken to related matters that are grounded on a basic principle. The principle is that it is wrong ¾ indeed, intrinsically evil ¾ to implant human embryos in a genetically foreign womb. (Charter for Health Care Workers, n. 29) The Magisterium taught this in connection with “surrogate motherhood,” but it logically follows that it applies to this specific proposal as well.  This logical connection is easily lost within the context and/or under the influence of the culture of death, which numbs us to the evil of allowing human embryos to be anywhere other than in their mother’s wombs. Numbness to this evil alone explains how “adopting “ human embryos and implanting them in genetically foreign wombs could be viewed either as a morally good action or even as a morally neutral action that could be made morally distinct from “surrogate motherhood” by a good intention.

If “surrogate motherhood” is intrinsically evil, then, of course, one may not morally justifiably resort to this act in order to avoid a lesser evil, namely, the destruction or manipulation of human embryos. According to the principle of double effect, even in a moral dilemma the act in question must be good or at least neutral. One may not do evil in order to accomplish good. The end does not justify the means.

Besides, even if there is a good intention in adopting and implanting human embryos in a genetically foreign womb, a good intention cannot make an intrinsically evil act good. Moreover, the long term consequence of either denying the intrinsic evil of “surrogate motherhood” or claiming that a good intention can make “surrogate motherhood” morally justifiable is that, ironically and tragically, this ultimately plays into the hands of the culture of death, which seeks to manipulate human embryos. In other words, if “surrogate motherhood” can be morally justifiable in certain circumstances, why can’t the use of human embryos for medical benefits be morally justifiable, especially in the circumstances in which the human embryos will otherwise be destroyed? (Even if the latter is not necessarily justified by the former, there is the danger, on a societal level, that this is precisely how it would be viewed. In other words, the significant weakening of respect for human life would be inevitable.) Thus, this is why the late Cardinal Basil Hume of England, when faced by a “surplus” of human embryos in his own country, said that the human embryos, rather than being destroyed, and rather than being subjected to further manipulation and indignity, should be allowed to die, parallel to a person at the end of life, for whom further medical treatment would either be useless or upon whom further medical treatment would impose a burden that would outweigh the goal of that treatment.

2. The second issue is very much related to the first: the use of human embryos for the purpose of attaining stem cells for further research and experimentation, hopefully for a number of medical benefits. The Church’s Magisterium has clearly taught that the use of human embryos for this purpose, and more generally the reduction of human embryos to a means to an end, however noble the end may be, is intrinsically evil and cannot be morally justified for any reason or set of circumstances. In the specific case of the use of human embryos for attaining stem cells, the necessity of destroying the embryos is clearly morally unacceptable. All the more unacceptable is the creation of human embryos for the purpose of manipulating/destroying them.

However, the further question arises: can it be morally justifiable to use existing stem cell lines without any further destruction or manipulation of any human embryos? Recently, President George Bush has decided to federally fund research on 60 existing stem cell lines, while refusing federal funds for any further manipulation/destruction of human embryos. The Holy See, in an August 2000 declaration, has responded to this question in the following way: “The answer is negative, since: prescinding from the participation – formal or otherwise – in the morally illicit intention of the principal agent, the case in question entails a proximate material cooperationin the production and manipulation of human embryos on the part of those producing or supplying them.”

It is important to understand this notion of proximate material cooperation in a way that avoids a narrowed moral vision. One cannot apply the principle of cooperation to an issue of far-reaching implications, socially and historically, in the same way that one would apply it to the behavior of an individual human being. On a societal level, the application of this principle requires far greater rigor precisely because, when, on the basis of apparently sound moral reasoning, cooperation with evils such as the one at issue in this case is viewed as permissible, the evils, by becoming institutionalized, take on a life of their own and become part of the very fabric of society.  Thus, even if one does not either intend to be an accomplice in the destruction of human embryos in the past nor want to be instrumental to the destruction of human embryos in the future, the use of existing stem cell lines, even if not requiring in that use the destruction of human embryos, cannot be morally justified because, despite one’s intentions, the proximity of the use of the existing stem cell lines to the evil of past and future destruction of human embryos *risks* – if it does not *necessarily entail* – the institutionalization, within the very fabric of society, and therefore within the habits of mind of its members, of *an elicited act of the will* by which one wills the destruction of human embryos, past or future. An elicited act of the will, distinct from commanded acts of the will by which we move other parts and powers of ourselves in visible actions, is an act of “pure will” within one’s own soul that involves no bodily action whatsoever, and can be identical with passive acceptance. On its very own, an elicited act of the will is a human voluntary act that can be intrinsically good or intrinsically evil. Thus, this institutionalization would be or risk being accomplice, not only to the destruction or manipulation of human embryos, but also to the dehumanization of members of society through the significant weakening of their respect for human life. As Pope John Paul II explains in a number of ways in his encyclical Evangelium Vitaethis kind of institutionalization is the very stuff of the “culture of death.”

Presumably, these are the reasons why the United States Catholic Bishops’ Conference president stated: “The federal government, for the first time in history, will support research that relies on the destruction of some defenseless human beings for the possible benefit to others,’’ Fiorenza said in a statement. “It allows our nation’s research enterprise to cultivate a disrespect for human life.’’

This kind of institutionalization is not morally justifiable also because there are alternatives: stem cells obtained from postpartum placental tissue and from adult bone marrow and tissue, although lacking the pluripotency of embryonic and fetal stem cells, are nevertheless scientifically promising and do not involve the destruction of human life. Seeking these alternative means instead of depending on the destruction and degradation of human embryos would not only avoid the issue of cooperation with evil entirely but also set a powerful example for other scientists to follow.

3. The third issue is very similar to the second: is it morally justifiable to use vaccines from cell lines derived from aborted fetuses? As in the case of the second issue, it is abundantly clear that direct abortion for the sake of using fetal tissue or cells for medical benefits cannot be morally justified. However, and likewise as in the second issue, the question arises: can vaccines derived from aborted fetuses be morally justifiably used if the use of the vaccines themselves does not require any further abortions?

Once again, the Church’s Magisterium has not spoken about this specific issue in a definitive manner, although the Magisterium has addressed related issues, as I shall indicate further on.  In the meantime, let us consider the arguments used by those who favor the use of the vaccines. The two basic points of these arguments are that 1) these vaccines are the only available alternative to the spread of the disease (hepatitus A, a viral infection of the liver); 2) the individual receiving the vaccine is not in immoral cooperation with the evil of abortion.

If you examine the two basic points made by the arguments for the moral justification of the use of these vaccines, you will notice that they are intimately related. 1) The first point (they are the only alternatives to treating the disease) is essentially a matter of arguing that they are morally justifiable because we need them. 2) The second point (the person receiving the vaccine does not will the abortion from which it is derived) is essentially a matter of arguing that, because the abortion at issue happened so long ago and that no further abortions are required for this vaccination, receiving the vaccination is morally justifiable.

The first point is flawed for a number of reasons. First of all, leaving it simply at saying that something is morally justifiable because I need it as a means to an end, and indeed, a good end  (preservation of one’s life) is absolutely identical with the Machiavellian principle that the end justifies the means (or, that evil may be done in order to accomplish good) and, thus, absolutely unacceptable and morally indefensible.  (A more sophisticated argument, based on the principle of double effect, might state that the degree of cooperating with the evil of abortion in order to attain the needed vaccines is morally justifiable in the face of the greater evil of suffering from the diseases that the vaccines would prevent. However, the principle of double effect applies only if there are no alternative solutions; and this is far from being true in this case.)

Secondly, precisely because this Machiavellian principle is morally indefensible, one needs to examine the very thing needed in this particular case ¾ cell lines from aborted fetuses. To say that one needs the cell lines of aborted fetuses to preserve one’s life is inseparable from saying that one needs the abortions ¾ intrinsically evil actions ¾ that make the cell lines available. And this is where the point of the first argument meets ¾ and betrays ¾ the point of the second argument.

To say that a person receiving this vaccination ¾ derived from a fetus aborted long ago ¾ does not will the abortion that makes the vaccination possible may well be true in the individual and isolated case of the person who does not know the origin of the vaccine. However, in keeping with the discussion in connection with the second issue above, one cannot base the moral argumentation for a practice intended for the entire population upon the ignorance of this person or upon the correct moral behavior of the individual recipient of the vaccine. In fact, the second argument in favor of the moral justification of the use of these vaccines not only very clearly presupposes the knowledge of the origin of the vaccine, but also advocates that society in general adopt the use of this vaccine. With that knowledge in place, and with the institutionalization of the vaccine within the very fabric of society in place, to say that a person receiving this vaccination ¾ derived from a fetus aborted long ago ¾ does not will the abortion that makes the vaccination possible is patently false. If I need the vaccine (and it is a need that can be satisfied only by an aborted fetus) and if I defend my needI will the abortion. The person receiving the vaccination may well be living long after the fetus was actually aborted, and had no involvement in and may even have no knowledge of the particular and actual fetus that was aborted. However, the remoteness in time is not sufficient for arguing that there is no act of the will on the part of the recipient of the vaccine, even if, once again, only an elicited act of the will, institutionalized within societal practice and within the habits of minds of its members.

This immoral elicited act of the will, if for no other reason, is why the Holy See, in its “Charter for Health Care Workers,” teaches that “the fetus cannot be used for experimentation or transplant if the abortion was caused voluntarily. To do so would be an unworthy instrumentalization of a human life.” Even if the Holy See is referring to the fetus as such and not to cell lines from the fetus, the moral principle about elicited acts of the will still applies. Beyond the point about this elicited act, there is the further problem of the long-term consequences of allowing the use of these vaccines. On this issue, and so many like it, we desperately need to see more than a few feet in front of us. Thinking that we know what we need here and now does not necessarily mean that we do know or, therefore, that we should want it. This is why it would be wise in this particular matter to abide by the US Bishops’ directive forbidding the use of tissue from aborted fetuses, even for therapeutic purposes. Again, even if the bishops are referring to tissue of aborted fetuses rather than cell lines from aborted fetuses, the moral principle about elicited acts of the will still applies. This is also why it would be wise to heed the directive of the Holy See’s 1987 document, Donum Vitae (Gift of Life): “The corpses of human embryos and fetuses, whether they have been deliberately aborted or not, must be respected just as the remains of other human beings…. the moral requirements must be safeguarded, that there be no complicity in deliberate abortion and that the risk of scandal be avoided.”

 

Fr. Stephen F. Torraco
Father Torraco is currently Associate Professor of Theology at Assumption College, Worcester, Massachusetts. He is the Executive Director of the Society for the Study of the Magisterial Teaching of the Church (SSMTC). He is an instructor in Theology as well as Chaplain for one of SSMTC’s affiliates, the cyberspace based Regina Coeli Academy, and a member of the faculty of Catholic Distance University in Hamilton, Virginia. He also serves as a consultant for the Pope Paul VI Institute in Omaha, and for the Cardinal Kung Foundation in Connecticut. He is the author of various books and articles in moral theology, medical ethics, the social teaching of the Catholic Church and the spiritual life.

Read More of  Fr.Torraco’s Work  EWTN Catholic Questions and Answers 

Father Phil Wolfe, FSSP

The Morality of using Vaccines Derived from Fetal Tissue Cultures: A Few Considerations

Fr. Phil Wolfe, FSSP

Catholics troubled by the morality of using vaccines derived from fetal tissue cultures should be mindful of the ancient axiom: Bonum ex integra causa, malum ex quocumque defectu (Goodness arises from an integral cause, evil arises from any defect whatsoever).

What does this axiom mean? It means that the moral goodness or evil of an act can be determined by a thoughtful assessment of the act itself, as well as its attending circumstances. A good act, attended by good circumstances, is said to have an integral cause, and thus can be safely performed by Catholics; but however admirable an act may be in other respects, if even one of the circumstances is gravely evil, the act cannot be recommended to Catholics.

How, then, can a Catholic thoughtfully assess the morality of an act, such as these vaccinations?

He must determine the goodness by assessing the morality of the object and the circumstances of the act.

The first consideration is to assess the moral object of the act. What is the moral object of a vaccination? Let’s use a specific example to illustrate: an immunization against Measles, Mumps and Rubella using the MMR II vaccine. Since the moral object of any act is the exterior act as proposed by reason, in this case, the moral object of the act of immunizing a child with MMR II is to give him an inoculation with this vaccine so as to induce an immune response, so that he will be immune to measles, mumps and rubella. This, in itself, is a good moral object.

The circumstances which surround the MMR II vaccination must now be considered. The circumstances are those things that “stand around” an act, and qualify it in some manner. There are 7 circumstances: who, what, where, by what aid, why, how and when. (cf. St. Thomas Aquinas, De Malo,q. 2, a. 6.) If all the attending circumstances are good, or indifferent, then that act is good; that act arises from an integral cause. If one or more of the attending circumstances are evil, then there is a defect, and the act itself is evil.

For this particular act, that of immunizing a child with MMR II, the circumstance which deserves close scrutiny is “by what aid.” “By what aid” refers to the instrumental cause, or agent of the act, in this case the MMR II vaccine, a product produced using fetal tissue, obtained from an aborted baby, as a culture medium.

At this point a feeling of extreme unease might overcome the Catholic who is attempting to assess the morality of this procedure. He recognizes that the moral object of the act is good, to immunize a child against these diseases, and he recognizes that if all the attending circumstances were good, he could safely conclude that this act would be good. But now he reaches the uneasy notion that this vaccine is tainted in some fashion, since it was produced using fetal tissue. May he then use it, since he is not directly approving of the abortion which made production of this vaccine possible? He wonders, does this circumstance “by what aid” pertain here? Can he disclaim the origin of this vaccine, as some have argued, on the basis that his use would only be a remote material cooperation with the intrinsic evil of the direct abortion and use of the aborted baby’s tissue?

In order to answer these questions, he should pay thoughtful attention to the rules for restitution for a possessor in bad faith, which is to say, that he should study the “rules for returning things that he knows don’t belong to him.”

Now, in order that a Catholic get a reasonably solid grasp on the rules for restitution for a possessor in bad faith, a few illustrations will first be offered; and then the rules will be applied to the situation at hand.

Imagine a man steals his neighbor’s lawnmower. He knows full well that he has no right to this thing. This man is in bad faith. So possession in bad faith means that the man who has the goods in bad faith knows full well that they are not rightfully his.

Now, suppose that the thief sells this lawnmower to another man for a very good price, and tells him that the price is so cheap because the lawnmower is stolen. Is the man who just bought this lawnmower, knowing full well it was stolen in good faith? No, he’s also an example of possession in bad faith. Now, supposing, in either of these cases, the man who has unjust possession of this lawnmower repents: what does he have to do?

There’s one basic rule: A man in bad faith has to make restitution for ALL the foreseeable damage caused to the lawful owner. It’s easy to understand; he’s responsible for the damage, so he has to fix it.

Now what does that mean, in these cases?

1) He has to return the thing itself, if it still exists: in this case, a stolen lawnmower.
2) If it no longer exists, he has to restore the equivalent value. So, even if he doesn’t have the lawnmower anymore, he still owes the poor man he stole it from either the equivalent value in money or an equivalent lawnmower.

Now, suppose a little more complicated situation: Suppose that the original owner of the lawnmower used it for business. And now he is sitting around without his equipment, unable to work, since his mower was stolen. And suppose, again, that the thief repents. What does the thief have to do for restitution?

1) The thief still has to return the thing itself, if it still exists: in this case, a stolen lawnmower.
2) If it no longer exists, he has to restore the equivalent value.

Now, he has another responsibility, since a man in bad faith has to make good for all the foreseeable damage caused to the lawful owner. And that is the third point:

3) He has to restore the profit which the owner would have made, or reimburse him for the loss he suffered, in this case, the money lost from being unable to work has to be restored to the owner.

Now suppose a even more complicated situation: suppose the thief put some work into the lawnmower; suppose that he did 3 things: he painted it, not because it needed paint but to make sure he didn’t get caught with a stolen lawnmower. Then, he had it tuned up since it was running a little rough, and this tune-up was definitely very useful. Then, since the blade was so dinged up it hardly cut, he put a new blade on the mower. And after putting all this into this stolen lawnmower, he repented. What does he have to do now?

1) The thief still has to return the thing itself, if it still exists: the stolen lawnmower.
2) If it no longer exists, he has to restore the equivalent value.
3) He still has to restore the profit which the owner would have made, or reimburse him for the loss he suffered, in this case, the money lost from being unable to work has to be restored to the owner.
4) But this time, he can deduct any useful or necessary expenses , a useful expense improves the item; a necessary expense preserves it. For example, the tune-up was a useful expense; the new blade was a necessary expense. But the paint wasn’t either useful or necessary but only done for the sake of camouflage, so he can’t deduct that expense.

Now, suppose an entirely different situation: Imagine a rustler who steals about 20 head of cows., and then, 2 years later, he repents. What is he responsible for?

1) A thief has to return the thing itself, if it still exists: in this case, 20 head of cows, not bulls, not steers.
2) If it no longer exists, he has to restore the equivalent value. So, if he sold some of the cows, he has to replace that same number.
3) He has to restore the profit which the owner would have made, or reimburse him for the loss he suffered, in this case, the money lost from not having those two years of a calf-crop.
4) He can deduct any useful or necessary expenses, a useful expense improves the item; a necessary expense preserves it. For example, veterinary bills and pasturage.

Here’s the new addition:

5) He has to restore all the natural products of the property. Lawnmowers don’t have natural products. But cows do. What are natural products? Something produced naturally, by the very nature of the creature. In the case of cattle, the natural products of beef cows are calves. Milk cows, milk and calves. For an apple tree, it’s apples; for a peach tree, it’s the peaches; for a hay field, the hay, and so forth. So this rustler has to return any calves, heifers, steers or bulls born out of those 20 head since he stole them. He can’t keep them. He can’t build up a herd on stolen cattle. They have to go back; they belong to the original owner. He can’t profit on his rustling.

Now how does all this apply to the situation with the MMR II vaccine? If a man in bad faith has to restore all the natural products of the property he has unjust possession of, how can the pharmaceutical companies possibly justify their possession of the natural product of a little baby, the tissue used to culture the vaccine; the same tissue which was, in an act of supreme injustice, carved out of the flesh of a baby? It is crystal clear that all those involved are in bad faith, and that restitution must be made; that these tissues not only not be utilized in any sort of experimentation or production at all, but that they be allowed to die. There are no provisos in the rules for restitution which could excuse a possessor in bad faith from returning his ill-gotten goods, on the condition that he could do all kinds of interesting research with his contraband. These people are in bad faith, and they are in unjust possession of someone else’s tissues without any right.

But, you say, what if the mother agreed to donate the tissue from her aborted child for research? The parents have no right to donate their aborted child for medical research. Bodily rights ultimately belong to God and when He creates us He gives us conditional rights over our bodies. Through natural death, God cedes the right over the body to the next of kin (or state if there is no next of kin). When someone is murdered, they violate not only the person’s conditional rights over their body, but they also usurp God’s rights by killing that person. God’s rights are usurped because it is ultimately God’s body to give to whom He pleases. Through natural death it is clear that God is giving the body to someone else because He has taken it from the person who had it. So in abortion, the parents have usurped rights over the child’s body which is not theirs because God did not cede the rights to them; they illicitly took them. Therefore, the parents of an aborted child or the person who murders can not use the body of the person they killed. With abortion and murder, the only way that justice is served is that the body must be buried. This in a sense gives the body back to God and it respects the right of the individual by not doing anything with the body since the person’s will regarding their body can not be ascertained.

The notion of possession in bad faith, when applied to fetal tissue culture, is only an analogical usage. Why? Because unlike the situation wherein a rustler could actually purchase the cattle he had stolen, and thus come into legitimate possession of that previously stolen livestock, no power on Earth can give anyone the right to possess, purchase or preserve tissue taken from a sacrificed baby. Human tissue obtained in such a manner is not an object of possession, and can never be an object of possession, regardless if they are producing vaccines for every disease on Earth. The evil use of fetal tissue for someone’s good cannot justify the situation: it is a screaming violation of justice. In this case, the circumstance of “by what aid” is evil, and therefore the whole act of immunizing a child with the MMR II vaccine, as originally considered, is evil: Bonum ex integra causa, malum ex quocumque defectu (Goodness arises from an integral cause, evil arises from any defect whatsoever).

It is immoral to knowingly use any medical products, vaccines, monoclonal antibodies, stem cells, you name it, which are derived from tissue obtained via abortion or embryonic destruction.


Appendix: The rules for the duty of restitution.

A man may be possessed of the property of another without a just title either through an act of injustice, e.g., fraud, theft, usury, etc., or in good faith, e.g., by purchase, donation, or legacy. In the former case there is a culpa theologica, i.e., a formal violation of strict justice (iustitia commutativa), in the latter there is merely a material injustice. These two forms of unjust possession determine the manner in which restitution must be made.

The general rules for determining the duty of restitution are the following:

a) Res clamat domino, i.e., the rightful owner is entitled to his property, no matter into whose hands it may have fallen. This rule follows necessarily from the nature of property and ownership. In applying it, however, due regard must be paid to prescription, etc.

b) Res fructificat domino, i.e., the rightful owner is entitled to the fruits of his property, provided, of course, he has not ceded this right to others.

c) Res naturaliter perit domino, i.e., the right of ownership is bound up with the object owned and ceases with that object. If the object has perished, but its value continues, the original owner is entitled to the latter, as e.g., when a ton of wheat has been sold and the sum received is still in the hands of the seller. If a thing has perished not from natural causes, but through the fault of the possessor, the owner is entitled to restitution.

d) Nemo ex re aliena locupletari potest, i.e., no one has a right to enrich himself with the property of another, for the fruits of that property do not belong to the unlawful possessor but to the rightful owner.

If the possessor can not reach the owner, he must make restitution to the heirs.

The fruits of a thing (fructus rei) may be:

1) Fructus naturales, natural, i.e., derived from the thing itself (beneficio naturae) without the co-operation of man, or with but slight co-operation on his part, for example, fruits of trees, wood in a forest, grass on a meadow, milk, wool, etc.;

2) Fructus industriales, i.e., fruits of human industry or toil, such as the profits from a sale or purchase, etc.;

3) Fructus mixti, which are partly the result of industry (ex industria) and partly of the natural or artificial fertility of the property (ex re ipsa), for instance, grain, wine, etc.;

4) Fructus civiles, which are derived from an object by means of the civil law, e.g., rent, salary, etc. The latter category may be reduced to the first (fructus naturales).

I. One may be in possession of the property of another either in bad faith or in good faith. A possessor malae fidei is one who knows, or has good reason for believing, that the property he holds belongs to another. Such a one is bound to restore to the rightful owner whatever the latter has been unjustly deprived of, that is to say:

a) The stolen property itself, for res clamat domino. If the property no longer exists, its value must be restored. If it has deteriorated in value whilst under the control of the unlawful possessor, restitution must be made of the value it had when it was taken from its rightful owner. If its value has increased, it must be restored as it is, with all its fruits, for, res fructificat domino. If the stolen property fluctuated in value after the theft, the owner’s loss bust be made good, and if he intended to sell it when at its highest value, that value must be restored to him.

b) All the fruits of the property, natural, industrial, and mixed, must be restored to its owner. But any necessary or useful expensed incurred by the legitimate possessor for the preservation or improvement of the property, as well as such fruits as may be the result of special efforts on his part, may be deducted.

c) The damage suffered by the owner in consequence of being deprived of what belonged to him (damnum emergens) as well as any profits he may have lost (lucrum cessans), must also be restored to him.

(From A Handbook of Moral Theology by the Reverend Antony Koch, D.D., adapted and edited by Arthur Preuss. Volume V. Man’s Duties to His Fellowmen. B. Herder Book Company. St Louis, MO. 1933 pp. 379-383.)

The Catholic World Report

“A Vaccine That Infects?”
THE CATHOLIC WORLD REPORT
February 1996, pages 43-45

(Excerpts from the article on the chickenpox vaccine)

For decades now, vaccines have been produced by using fetal cell lines, and Merck’s Varivax is no exception. A cell line, according to Dr. Chris Kahlenborn, a Pittsburgh physician, “is a group of cells taken from an animal or human being and put on a petri dish. You usually have to add mitogens – chemicals that stimulate their division.” The cells divide again and agina, and the resulting cultures are kept in stock at the American Type Cultrue Collection, a nonprofit, private organization in Bethesda, Maryland, which provides them to researchers.

The abortions that produced the material for the two cell lines WI-38 and MRC-5 were, according to Dr. Shaw, performed “under medically legitimate circumstances.” He insists that it is incorrect to “draw a cause-and-effect relationship between abortions and vaccine manufacturers… None of the vaccine manufacturers had anything to do with these abortions,” he maintains.

But Dr. Kahlenborn, medical consultant for People Concerned for the Unborn Child, thinks that “each time cells are used from an aborted child, it gives the abortion industry one more ‘reason’ for proclaiming the benefits of abortion.”

It is not morally permissible to reap the research benefits from a deliberately induced abortion without, in some sense, being an accomplice to that abortion, according to Dominican Father Albert Moraczewski, of the Pope John XXIII Center for Medical-Moral Research in Braintree, Massachusetts.

Benefiting from a fetal cell line like MRC-5 “involves a complicity with the induced abortion from which the cells were obtained,” he added. “We could grant that the use of cell lines from induced abortions is several steps away from the abortion itself,” he admitted, but that doesn’t break “the chain of complicity.”

When it comes to using a cell line from an aborted baby, researchers “know the source of the tissue – unless they deliberately blind themselves to it” said Father Moraczewski, editor of ETHICS AND MEDICS. “It doesn’t appear spontaneously in a lab dish.” Turning an abortion into a vaccine, he concluded, means “being an accomplice to the act of the abortion.”

Countered Dr. Shaw, who was on the team that developed the vaccine: “I don’t buy that at all.” The abortions behind the MRC-5 and WI-38 cell lines, he said, “would have taken place regardless.”

By this reasoning, however, one might also justify using tissue from Auschwitz victims – whose deaths would have taken place regardless – for medical research.

The British bishops have already had to deal with this moral dilemma. In 1994, the United Kingdom’s department of health decided to vaccinate 5- to 16-year-olds with a rubella vaccine developed from MRC-5.

In the end, the bishops decided that the judgment is left to the individual parents. “It becomes a matter of prudence.”

But the world has seen medicine that sucks life from the death of innocents before. “Anyone who receives medical treatment for hypothermia,” the (British) document said, “is likely to benefit from knowledge gained from wicked experiments carried out by Nazi doctors.” Of course there is a world of difference between the two cases.

The British document said, “They (the researchers) did not require that the cell line they used should come from an aborted baby.”

Then who DID demand that cell lines be developed from the tissue of aborted babies? Why couldn’t a researcher develop a vaccine with a cell line originated from a spontaneous abortion – a miscarriage? The existence of such a vaccine could free doctors and their patients from the moral risk of complicity in abortion.

“In principle you could,” Dr. Shaw, who helped develop a vaccine based on WI-38 and MRC-5, responded, “but in practice you couldn’t …a spontaneously aborted fetus is immediately suspect. There is a REASON for a spontaneous abortion.” Researchers are looking for cell lines that are free of any physical defects; a miscarriage in itself is a sign of some medical weakness.

But the defect that causes the miscarriage is not always the “fault” of the fetus, Dr.Kahlenborn points out. The medical problem may be within the mother’s body; the unborn child could be completely healthy. (For example: “if a woman has a torn placenta, that’s the problem, and the baby is perfectly normal.”)

He suspects that the real reason researchers favor fetuses from induced abortions is because “it’s easier for them to go to an abortion clinic…it’s much more difficult to get a baby from a miscarriage.”

The MRC5 cell line has been well known since at least 1970, when researchers published a paper about it in the British science journal, NATURE. Already at that time the cell line WI-38, which was derived form the lung cells of a deliberately aborted female fetus, had shown “stability and integrity” for 10 years. “We have developed another strain of cells,” wrote the authors of the NATURE article, “also derived form fetal lung tissue, taken from a 14-week-old male fetus removed for psychiatric reasons from a 27-year-old woman with a genetically normal family history.”

But any benefits drawn from deliberate abortion must have a “stigma” attached to them, Dr. Kahlenborn said, until biomedical researchers become convinced “that the aborted baby is not an object from which to choose spare parts.”

Steve Kellmeyer, Catholic Theologian

Medical Cannibals:
The Moral Implications of Fetal Tissue Vaccines
By Steven Kellmeyer

“Childhood vaccination is against our religious beliefs.” While this statement is associated with religious groups like the Jehovah’s Witnesses, it may become much more common due to two relatively recent vaccines: Varivax and Meruvax II. Both vaccines were generated through the use of fetal tissue obtained through surgical abortion. The use of such viral vaccines poses a serious moral challenge. Can the health interests of a living child be weighed against a child whose death is an accomplished fact, when the murderer promises to kill no more children – in fact, he promises to use the wealth derived from the murder to keep your child, and thousands like her, alive?

While fetal tissue harvesting and research are widely discussed, a more insidious moral dilemma remains unmentioned: the use of fetal tissue obtained from abortion and used to generate vaccines. Is it morally licit to use such vaccines? This issue demonstrates the moral situation is at its most extreme. The child whose tissues have been harvested has been dead several decades. Unlike front-page experiments in the macabre, the medical treatments being derived from these tissues are neither speculative nor rank failures – the vaccines work. Lives will be preserved and not just yours. The lives preserved are even more precious to you than your own – they are the lives of your children. We have only to accept the terms.

The arguments surrounding such vaccines are thus the acid test of the right-to-life movement. The problems involved have led astray even well-catechized, well-meaning Catholics. Within the last five years, two different groups of Catholic ethicists have found the use of these vaccines to be moral, largely through subtly flawed analogies. Note carefully: the ethical problems discussed here only arise with a class of vaccines generated for use against certain viral diseases. Vaccines generated against bacterial disease do not have the same ethical problems. In order to understand why this is so, we need to re-visit our high school biology.

Why Fetal Tissue is Used
In order to produce a bacterial or a viral vaccine, laboratory personnel must have large quantities of the bacterium or virus in question. Fortunately, bacteria can be grown in large quantities simply by giving them the equivalent of chicken broth. Unfortunately a virus, a simple strand of DNA or RNA, isn’t as capable. A virus needs cellular machinery, machinery it doesn’t have, in order to reproduce. It must insinuate itself into a cell, hijacking the cell’s machinery. To grow large quantities of virii, a tissue culture, essentially a vast “lawn” of cells which coat the inside of the flask like scales on a fish, must be prepared. The virus is placed in contact with the cell tissue, invades the cells, hijacks the cellular machinery, and reproduces itself. After large numbers of viruses have grown, they are removed from the cell culture, inactivated, and processed in order to produce the vaccine.

The problem: viruses need good cells to hijack. The cells must provide excellent machinery for virus production, and be easy for the virus to invade. Two human cell lines used to produce cell cultures, WI-38 and MRC-5, have problematic origins. WI-38 is normal lung tissue taken from a three-month old female child aborted in Philadelphia in 1961. MRC-5 is normal lung tissue taken from a 14-week old male child aborted because a Swedish couple wanted no more children. Both cell lines support a broad range of rhinoviruses. Both are “immortal,” which means they reproduce rapidly and self-consistently enough to remain essentially similar to the tissue taken from two dying bodies over thirty years ago.

Current Moral Analyses
Two vaccines generated using viruses grown in these cell lines are Merck and Co.’s Varivax, a chicken-pox vaccine, and Meruvax II, for rubella. Catholic ethicists have analyzed the morality of these vaccines at least twice in the last five years; once in an October 1994 briefing paper issued through the English Bishops’ Catholic Media Office (EBCMO), and again in July 1997, by Daniel Maher, Director of Publications of what was then called the Pope John Center in Braintree, Massachusetts, at the request of Denver’s Archbishop Charles Chaput. Though somewhat different, both arguments reach the same conclusion: the vaccines are morally licit. Both opinions clearly find abortion reprehensible, and both struggle to provide a just response. However, neither analysis is morally binding, and both are subtly flawed.

Both lines of reasoning are founded on the nature of the seminal event: since the cell lines are immortal, no further abortions are needed in order to generate more cells. Thus, the evil act which procured the tissues is complete and sufficiently remote from the present use of the tissues that whoever uses the vaccine today is not morally complicit in the original abortion. That is, using the vaccine won’t prevent the historical abortion, vaccine generation doesn’t require more abortions today or in the future, so there is no attachment to the sin of abortion.

Two analogies are used to support this argument. The first rests on the use of data from Nazi death-camp experiences. German doctors froze prisoners to death in tanks of ice water in order to learn how to treat hypothermia. Though they failed to find a treatment, their data was eventually captured by Allied troops. Allied doctors developed information based on that data which is used today in the treatment of hypothermia. Since this use of illicitly collected data was moral, it is also acceptable to use illicitly collected fetal tissue.

Unfortunately, the comparison fails. First, the use of data is substantially different from the use of tissue. Second, no one argues that present hypothermia treatments show Nazism and Nazi experiments were not really evil, nor is anyone arguing that the current use of the Nazi data justifies undertaking similar experiments today. However, fetal tissue research, transplants, and products are quite often used to justify abortion. Third, the profits and data obtained from that research allows society to assume the method of obtaining fetal tissue is, if not completely moral, at least not particularly relevant.

Thus, the Nazi murderers reap neither monetary benefits from their evil nor an enhanced reputation from the use of the hypothermia data, and, most important, they gain no emulators on the basis of their work. However, the abortion industry is reaping both monetary benefits and an enhanced reputation from the use of this tissue, and they have gained quite a few emulators. Furthermore, the abortion industry and society uses contraception and abortion to structure a eugenic biomedical agenda essentially similar to that of the original Nazi regime. The unwanted members of society, whether they be children in the womb, the poor unable to afford medical care, or the aged, useless in a consuming, producing society, are being systematically killed or pressured into suicide. Ironically, Nazi ideology is reaping the benefits of an enhanced reputation through the use of fetal tissue for biomedical purposes.

The second analogy compares the use of fetal tissue to that of a murdered organ donor. It is morally acceptable to use an organ harvested from someone who has been murdered. Since the manner of death is not relevant to the ability to donate organs, tissue harvesting is called morally acceptable.

However, organ donation is a freely willed act. Organs can be harvested from an individual only if and as the individual stipulates. Thus, the donor may give permission only to remove her corneas, she may permit organ harvesting only if she dies naturally, or she may forbid harvesting entirely. The patient’s pre-established will rules how her organs will be handled, not the manner of death. Her will must be positively established, or no donation can take place at all. Clearly, the child’s will in regard to her tissues cannot be established. While a parent has the right to decide how to dispose of her dead child’s organs, this right presupposes the parent has not brought about the child’s death.

Neither analysis considers a more closely-related example: enforced cannibalism. The use of tissue to generate vaccines which may save other’s lives is a kind of cannibalism. On October 13, 1972, a plane with 40 people aboard, all Catholic, crashed in the Andes. Due to the total lack of food in the snowy wasteland, the survivors of the crash were forced to eat the bodies of those who had died in order to maintain their own life. The Church ruled the cannibalism to be acceptable in this instance, because the bodies of the slain were treated with great reverence and the need for sustenance was life-threatening. While it is true that most of those whose bodies were eaten had not given their consent, it is also true that none were murdered; their deaths were unforeseen and unpreventable. By removing the issue of will, this example better corresponds to the abortion event, while simultaneously highlighting the moral problem: the manner of death and the reverence due the human body in death must be considered.

Another argument asserts the separation of the cells from the living being to which they once belonged gives the tissue a different, independent life. While technically true, it doesn’t address how the tissue came to have this status. In May 1973, at a combined meeting of the American Pediatric Society and the Society for Pediatric Research held in San Francisco, California, Dr. Peter Adam and associates described their experiment on fetal brain metabolism. The putative scientists aborted babies between 12 and 21 weeks gestation and cut their heads off. The heads were kept alive in a nutrient solution in order to study the brain tissues’ uptake of nutrients. Using the above argument, the living brains in the severed heads could morally be used to generate the viruses necessary for vaccine production because those brains have a life which is now different from and independent of their origin, the living child. Though this example merely substitutes brain tissue for lung tissue and skulls for test-tubes, few could look the living skull in the eye and call the products derived from the living brain within morally licit for use.

Researchers’ Moral Culpability
In fact, there is a further problem, which none of the above analyses address. Who owns an immortal cell line? In October, 1976, UCLA Medical Center, while treating John Moore’s hairy-cell leukemia, discovered his T-lymphocytes had unique properties and harvested them, establishing a new cell line without his knowledge. The cell line turned out to be quite valuable. Moore found out and sued, claiming a right to part of the profits. Although he lost, the court found his doctor failed in his fiduciary duty towards Moore. Three elements were present:

1.. the patient was being treated for an illness
2.. the patient survived the treatment
3.. the cells were taken without the patient’s consent, thus the courts found these researchers violated the patient’s right to informed consent.
Certainly the aborted child was not being treated for an illness, did not survive the treatment, did not consent to the harvesting of the cells, nor was he informed of what the researchers would do with those cells. By every one of the court criteria, the researchers who established the immortal cell line obtained the tissue dishonestly.

But what is the moral culpability of the cell-line researchers or the pharmaceutical researchers? It seems unlikely the tissue is licit. The children’s consent was not obtained, and the only individuals who could have given such consent, i.e., the parents, or just possibly the physician, lost their this right by their collusion in the children’s death. How culpable are the researchers for these deaths?

It has been argued the pharmaceutical researchers bear no culpability: the tissue for the cell line could, in principle, have come from a natural miscarriage. This is a variation of the cannibalism argument; just as the Andes plane crash survivors were forced by circumstances to eat their dead companions, so the researchers were forced by circumstances to use aborted fetal tissue to generate a vaccine. Yet, while chicken pox/rubella can be deadly diseases under the right circumstances, the two situations hardly seem equivalent. Even if we grant such an equivalence, are the researchers innocent bystanders? They could make such an argument. In 1992, the National Institutes of Health successfully lobbied President Clinton to repeal the federal funding ban on the use of tissue from surgical abortion precisely because miscarriages were not providing enough suitable tissue for continued research. Researchers, pointing to this, could claim it proves surgically aborted children were their only real source of tissue. Sadly, this means the pharmaceutical researchers depended on an intrinsically evil act, making the vaccine morally illicit.

Cell-line researchers collude with abortionists in order to get tissue. Researchers require living tissue, as fresh as possible; dead and dying tissue is useless. Getting living fetal tissue requires extraordinarily close cooperation between the researcher and the abortionist. In fact, the researcher is often at the foot of the table while the abortion is being performed, immediately dissecting the child. Typically, published scientific papers on fetal tissue research list the abortionist who supplies the fetal tissues as a co-author; without the close cooperation of the abortionist, the paper wouldn’t have been possible.

Thus, little independence exists between the cell-line researcher and the abortionist. Even if the aborted tissues were simply shipped to the lab by the abortionist, money and/or a positive social acceptance of abortion will be given in exchange for the tissues. The abortionist will not be dissuaded from his evil act, he will be encouraged to continue it; indeed, the abortionist intends the act of supplying tissue to spread social acceptance of abortion. Similarly, we encourage researchers to support abortionists when we support work based on aborted fetal tissue. The Nazi data could be used precisely because there was no danger of such material cooperation; insofar as the possibility of such cooperation exists, the use of the Nazi data is proscribed.

“Immediate material cooperation” is complicity in an action which one does not formally approve, but in which one is so closely involved that one shares its evil. The cell-line researchers were almost certainly immediate material cooperators. Pharmaceutical researchers made no effort to avoid the morally problematic cell line, and thereby spread the effect of the abortionists’ evil intent. While using the vaccine is not identical to attending the abortion, using products derived from the living tissues of a murdered child is uncomfortably close to immediate material cooperation with the vaccine generators.

Conclusions
Using such vaccines institutionalizes the link between pharmaceuticals and abortion. This effect was callously disregarded by Merck and Co. even if it wasn’t actually intended. Given the lack of equally effective vaccines based on alternative, non-problematic cell lines, their intent is suspect. In a free market one would expect non-abortion related vaccine cell-lines to be available. None are. Either aborted tissue is intrinsically necessary to such vaccine production, or we must seriously question the ethics of pharmaceutical companies. Donum Vitae states: “The corpses of human embryos and fetuses, whether they have been deliberately aborted or not, must be respected just as the remains of other human beings…. the moral requirements must be safeguarded, that there be no complicity in deliberate abortion and that the risk of scandal be avoided. Also, in the case of dead fetuses, as for the corpses of adult persons, all commercial trafficking must be considered illicit and should be prohibited.” The cell-line researchers are complicit in abortion. Merck and Co. commercially exploit the results of this complicity. Thus, Donum Vitae is violated.

It is irrelevant that the abortion is a one-time long-since completed event. A rape-murder committed in 1961 is also a one-time long-since completed event, but it is still immoral to buy the film of the event for one’s own enjoyment. Buying goods produced by apartheid or slave labor is not moral even if the crime which produced the item is a completed action, with the slaves now dead. Using the product encourages slavers. Using the vaccine encourages the abortion industry.

Even if chicken-pox or rubella were uniformly deadly diseases, the danger posed to the public health by refusing this vaccine is irrelevant. If a serial killer auctioned off his victims’ property we must refuse to buy that property, regardless of the danger to the public economy. In the same way, we cannot be complicit in serial killing practiced by scientists. A murderer cannot be allowed to justify the act of murder by donating his victim’s organs. He does not gain rights over the body of his quarry simply by virtue of having swung the killing blow. Neither does a society complicit in abortion have a right to apportion the victim’s body in ways which benefit itself, while muttering, “Well, she’s dead now, and we can’t let the body go to waste.” Drug companies use these cell lines because the cell lines make money. The cell lines will only be discarded when market pressures demonstrate they do not make money.

Assume someone learns the inheritance on which he lives was given to him on the basis of a false will, designed to deprive the rightful heirs of their money. The person who has benefited from the injustice must attempt to rectify the situation. Likewise, Merck and Co. has a duty publicly to renounce the abortion and all profits accruing therefrom. The problem of scandal derives precisely from the fact that it encourages others to sin or to continue in their sin. We cannot avoid participating in scandal if we provide no incentive for the sinners to change. Public use of the vaccines will not cause Merck and Co. or the abortionists to change their behaviour. In fact, derived profits encourages their continued fetal tissue efforts in other avenues of research. They experience no downside. Is not this very fact scandalous?

The arguments supporting the morality of these vaccines do not stand up to scrutiny. Refusing to use these vaccines involves physical risk for ourselves, for our children, and for society. But their use poses an even greater risk to a just society. The widespread use of contraception has led inexorably to abortion, euthanasia and infanticide. Where might the widespread use of tissue taken from surgically aborted children lead us? Do we really want to find out?

Steven Kellmeyer holds a Master’s Degree in theology from Franciscan University as well as a Master’s Degree in Modern European History, a Bachelor’s Degree in Computer Science and an Associate’s Degree in Medical Lab Technology and has worked in each of these fields.  He is currently working as Associate Director for Evangelization at the Diocese of Peoria, Illinois.  Kellmeyer has published two books, Bible Basics, through Basilica Press, which demonstrates the Scriptural support for about six dozen teachings of the Church, and The Flesh of God, through Bridegroom Press, an Advent-Christmas study of the Infancy narratives.

BOTH

Neutral

“When he listens to his conscience, the prudent man can hear God speaking.”

If the truth had been made known years ago, we would not have vaccines on the market today that utilize aborted fetal cell lines.  But what happens when facts that were available were intentionally kept hidden?  Learn the truth!

Vaccines From Aborted Fetal Cell Lines and The Catholic Family