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Boston's Bernard Cardinal Law deserves the Watergate Award for Obfuscatory Declamation: He has characterized his nearly two decades of cover-up of felonies--namely, the rape and molestation of hundreds of Boston-area children by scores of priests--as "tragically incorrect." Records uncovered by the Boston Globe's Spotlight Team disclose the shocking extent to which Law's cold-shouldering of young victims made him an enabler of known recidivist pedophiles, including former priest John Geoghan, whose thirty-six-year spree of child sexual exploitation ended in a prison sentence on February 21.

Over and over, Law sought to pay hush money to victims of known molesters and then moved the predators to new parishes, where they once again had access to children. For years Law counted on the cooperation of several judges who, sharing his belief that the faith of rank-and-file church members might not survive a reckoning with the truth about the priestly criminals in their midst, moved to seal archdiocese files. Even as the child-rape stories were breaking, Law permitted his lawyers to pursue a defense based on "comparative negligence"--the theory that the abuse was partially due to victims' negligence.

Ever since Superior Court Judge Constance Sweeney's November ruling forced public release of documents detailing the crimes, the Cardinal's voice has had a from-the-bunker timbre. At his official residence, Law has been hunkered down with wealthy male advisers from Boston's Catholic elite--bankers, executives, university presidents and politicians who together calibrate the spin of each statement that issues from the Chancery. But sometimes a furious Law bursts through the kitchen-cabinet insulation: His Nixonian response to the news that nearly half of polled Boston Catholics want him to resign--including those faithful who keep a Law-Must-Go vigil in front of his residence--was to declare them enemies of the Church. His persistent disparagement of the Globe reporters who sued to unseal those documents is not a response to stress; it's his longstanding M.O. In 1992, after the Globe exposed Father James Porter as a serial rapist, the cosmopolitan Harvard-man Cardinal inveighed, "By all means, we call down God's power upon the media, particularly the Globe."

While the US Catholic Church has so far paid out $1 billion in settlements for clerical molestation cases, the predator priests are less emblems of fatal flaws in doctrine--including the doctrine of celibacy--than they are evidence of the mortal danger posed by any institutional leadership that perpetuates the myth that it is answerable to no laws but its own. (This presumption of immunity has taken an ominous new turn, as bishops across the country fling priests alleged to have molested from their jobs: As one Massachusetts picket sign reads: There Is No Due Process in Cardinal's Law.) Protestants have sustained public-relations catastrophes and paid huge sums for years of cover-ups: In December the Anglican Church of Canada announced that ten of its thirty dioceses are facing bankruptcy as a result of child sexual-abuse claims. Australian Governor General Peter Hollingworth faces mounting cries for his resignation since evidence surfaced that while he was an archbishop, he grossly mishandled cases of pedophilia. The children sexually exploited by Deacon Robert Tardy of Washington's Peace Baptist Church have never heard one word of apology from church authorities. Predators and their protectors are also ensconced within synagogue walls. This past summer Boca Raton's Jerrold Levy, rabbi of the largest Reform congregation in the South, was prosecuted for procuring underage boys in four states via the Internet. After he was convicted on one count, federal prosecutors abruptly reversed their sentencing recommendation from sixty years to six and a half, reportedly because of pressure from influential synagogue members. Several weeks ago Cantor Howard Nevison of Manhattan's famed Temple Emanu-El was arrested for an alleged two-generation-long rampage of child rape; some suspect his low bail is connected to Manhattan DA Robert Morgenthau's position as a trustee of Nevison's temple.

As Law's regime wrapped a blanket around criminals in the priesthood, it swung a terrible swift sword in the direction of women aspiring to fuller participation in Catholic liturgy. Two years ago, an organization called Massachusetts Women-Church, made up primarily of lifelong-Catholic mothers and grandmothers advocating the ordination of women, was banned by Law from church-affiliated buildings. When members picketed outside a church, Law shouted at them, "You are in violation of your faith!"

Treating women as contaminants and children as invisible while coddling criminals in Roman collars allowed Boston's imperial bishopric to shore up support for Law's real goal: making a permanent move to Rome as the first American Pope. If Law had been, say, director of a daycare center or a summer camp, he would probably be on his way to jail. But with powerful people at his elbows, Law is as unlikely to serve prison time as he was to let the violated bodies of children get in the way of his career building. When Boston Catholics finally force him out, he'll probably be humming "My Way" as he packs his bags.

In my last column, I mentioned that most actual drug users are young white people, even though most of those "profiled" as drug users are people of color. Indeed, according to the Sentencing Project, 72 percent of all illegal drug users are white.

But profiling is further vexed by the eternal question of how one determines who is white and who is not. In today's diasporic world, racial identity or "whiteness" is less determined by lines of "blood" or descent than it once was in certain Southern states. Today, whiteness is more dominantly a matter of appearance, based on malleable aesthetic trends.

This point--the malleability of how we assign "race" to people--is certainly illustrated by the example of Noelle Bush, to whom I referred as white. I received much mail insisting that she is not in fact white but Latina "because her mother is." It's an interesting question, this: the potential tension between "actual" and actuarial determinations of race. But first, let us agree that although there is no biological reality of race, the force of race is a powerful if constantly negotiated sociocultural construction, and has been since colonial times. Second, allow me to sidestep for now the complex anthropology of whether being Latina is determined matrilineally, thus canceling out her conspicuous Puritan patrimony. Third, let us also agree that recent migrations from Latin America have increasingly complicated national demographics as historically inflected by Jim Crow laws. And so, while "Latina" seems to be used as a racial category when it comes to most compilations of criminal justice statistics (meaning brown people from south of the border, of mixed Spanish, African and Native American descent), the reality is that not all Latinos are people of color. Indeed, "Latino" is perhaps more accurately understood as a broad linguistic, regional and cultural category rather than a racial one.

In any event, I called Ms. Bush white because, in photographs, that's what she looked like to me, admittedly through all the filters of my particular geographic and generational prism. At the same time, a number of letters pointed out that Noelle Bush and her brother are the grandchildren whom George Bush the Elder once described as "the little brown ones." This underscores the essential irrationality of profiling by appearance alone: If old George and I (just let your imagination wander here) were working as airport screeners, side by side and in accordance with the logic of most racially based profiling guidelines, he'd have stopped her, and I'd have waved her through. "But she's really..." has no fixed meaning in such profiling. This is not a new aspect of racial scrutiny; in generations past, perhaps, Noelle Bush's status might have been familiar as that of Tragic Mulatta. In today's more global context, I re-examine her picture and note how she resembles supermodel Christy Turlington--herself endlessly exploited for the vaguely "exotic" racial ambiguity that her mother's Ecuadorean "blood" supposedly lends her. But however one may or may not want to classify Ms. Bush, the existence of a confused limbo of those who can "pass" does not alter the fact that once classified as "suspect," as are too many of the unambiguously dark-skinned, the license of heightened investigation significantly colors the fundamental counterpresumption of innocent until proven guilty.

Let me shift topics here. One striking feature of virtually all the letters I received was the application of the word "smug" to my description of "Governor Jeb Bush's poor daughter, Noelle." This attribution was attended by detailed accusations, all starting with the word "impliedly." I impliedly took delight in the Bush family's suffering. I impliedly reveled in her getting what she deserved. I impliedly used the daughter to make fun of the father.

A little clarification is perhaps in order. When I said "poor Noelle," I meant it, with no irony attached. Whether fueled by biological predisposition or depression, substance abuse knows no political, class or ethnic boundary. Poor Prince Harry, poor Betty Ford, poor Robert Downey Jr., poor not-a-few Kennedys. I don't find a single bit of enjoyment in what is clearly a pervasive modern crisis. If one must project, let me provide some guidance. I see our crisis of drug dependency as a medical or mental health issue rather than a criminal cause. This stance obviously places me at odds with the Prohibition-era policies of Jeb and both Georges. It doesn't mean I doubt that Governor Bush is less desperately concerned about the fate of his daughter than any other father. He believes the war on drugs is to the greater good; I think it woefully misguided. Asserting such disagreement about the efficacy of policy is democratic, not inherently disrespectful.

I also agree with those who counsel against publishing the unruly actions of children, whether their parents happen to be in the limelight or not. I believe minors, defendants or witnesses, deserve protection from the media. But Noelle Bush is well over 21, has had five traffic violations, seven speeding tickets and three car crashes and was convicted of impersonating a doctor in order to fraudulently obtain a prescription. The actions of adults who are brought before the criminal justice system are appropriately the subject of public record. Noelle Bush was given probation and referred to a drug treatment center. Who's to say if that's what she "deserved," but most likely it's what she, and so many others like her, needs. Where her example might be of continuing public interest is in contrasting her fate with that of poorer women, who, if convicted of drug offenses, are ineligible for welfare benefits for life. And in a case recently before the Supreme Court, an elderly woman whose retarded granddaughter smoked a joint three blocks away from her house was evicted from public housing based on her "relation" to drug use or sale. If such rules were applied across the socioeconomic spectrum, we'd have to ask Jeb Bush to give up the governor's mansion. It is, after all, public housing. I know--some of you will be affixing meanspirited, giggling gratuity to that image, but my point is rather the sad absurdity of it.

In all this, the bottom-line concern is whether fundamental fairness remains the measure of how we treat anyone--rich or poor, white or Latino, anonymous minor or poor Noelle.

This is a special selection from The Nation Digital Archive. If you want to read everything The Nation has ever published on the women's rights movement and feminism, click here for information on how to acquire individual access to the Archive--an electronic database of every Nation article since 1865.

This article originally appeared in the December 1, 1926, issue, inaugurating a feature called "These Modern Women," "a series of anonymous articles giving the personal backgrounds of women acti

Two events which occurred at the end of 1936 may signify a turning-point in the birth-control movement in America.

In most of the discussions in relation to the improvement of female education, the objectors have shown themselves unable to rise above the utilitarian, or rather the purely material, a

This essay, from the July 17, 1948, issue of The Nation, is a special selection from The Nation Digital Archive. If you want to read everything The Nation has ever published on feminism and women's rights, click here for information on how to acquire individual access to the Archive--an electronic database of every Nation article since 1865.

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