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Fletcher nodded, as if this was the answer he'd been expecting. "I
think it's there to answer the really hard questions that arise when the
world doesn't work the way it's supposed to—like when your child dies
of leukemia, or you're fired after twenty years of hard work. When bad
things happen to good people, and good things happen to bad people.
The really interesting thing, to me, is that somehow religion stopped
being about trying to find honest solutions... and started being about
ritual. Instead of everyone searching for understanding on their own,
orthodox religion came along and said, 'Do x, y, and z—and the world
will be a better place.'"
"Well, Catholicism's been around for thousands of years," I replied,
"so it must be doing something right."
"You have to admit, it's done a lot wrong, too," Fletcher said.
Anyone who'd had limited religious instruction or a thorough college
education knew about the Catholic Church and its role in politics
and history—not to mention the heresies that had been squelched over
the centuries. Even sixth graders studied the Inquisition. "It's a corporation,"
I said. "And sure, there have been times when it's been staffed
badly, with people who think ambition trumps faith. But that doesn't
mean you throw the baby out with the bathwater. No matter how
screwed up God's servants are in the Church, His message has managed
to get through."
Fletcher tilted his head. "What do you know about the birth of
Christianity?"
"Did you want me to start with the Holy Ghost visiting Mary, or skip
ahead to the star in the East..."
"That's the birth of Jesus," Fletcher said. "Two very different things.
Historically, after Jesus's death, his followers weren't exactly welcomed
with open arms. By the second century A.D., they were literally dying
for their beliefs. But even though they belonged to groups that called
themselves Christians, the groups weren't unified, because they were
an very different from one another. One of these groups was the socalled
Gnostics. To them, being Christian was a good first step, but to
truly reach enlightenment, you had to receive secret knowledge, or
gnosis. You started with faith, but you developed insight—and for these
people. Gnostics offered a second baptism. Ptolemy called it apolutrosis—
the same word used when slaves were legally freed."
"So how did people get this secret knowledge?"
"There's the rub," Fletcher said. "Unlike the church, you couldn't be
taught it. It had nothing to do with being told what to believe, and everything
to do with figuring it out on your own. You had to reach inside
yourself, understand human nature and its destiny, and at that moment
you'd know the secret—that there's divinity in you, if you're willing to
look for it. And the path would be different for everyone."
"That sounds more Buddhist than Christian."
"They called themselves Christians," Fletcher corrected. "But Irenaeus,
who was the bishop of Lyons at the time, disagreed. He saw
three huge differences between Orthodox Christianity and Gnosticism.
In Gnostic texts, the focus wasn't on sin and repentance, but instead on
illusion and enlightenment. Unlike in the Orthodox Church, you couldn't
be a member simply by joining—you had to show evidence of spiritual
maturity to be accepted. And—this was probably the biggest stumbling
block for the bishop—Gnostics didn't think Jesus's resurrection was literal.
To them, Jesus was never really human—he just appeared in
human form. But that was just a technicality to the Gnostics, because
unlike Orthodox Christians, they didn't see a gap between the human
and the divine. To them, Jesus wasn't a one-of-a-kind savior—he was a
guide, helping you find your individual spiritual potential. And when
you reached it, you weren't redeemed by Christ—you became a Christ.
Or in other words: you were equal to Jesus. Equal to God."
It was easy to see why, in seminary, this had been taught as
heresy: the basis of Christianity was that there was only one God, and
He was so different from man that the only way to reach Him was
through Jesus. "The biggest heresies are the ones that scare the Church
to death."
"Especially when the Church is going through its own identity
crisis," Fletcher said. "I'm sure you remember how Irenaeus decided to
unify the Orthodox Christian Church—by figuring out who was a true
believer, and who was faking. Who was speaking the word of God, and
who was speaking... well... just words?"
On a pad in front of him, Fletcher wrote GOD = WORD = JESUS,
then spun it around so I could see. "Irenaeus came up with this little
gem. He said that we can't be divine, because Jesus's life and death
were so different from that of any man—which became the very begin264
ning of Orthodox Christianity. What didn't fit this equation became
heretical—if you weren't worshipping the right way, you were out. It
was sort of the first reality show, if you want to think of it that way:
who had the purest form of Christianity? He condemned the folks who
got creative with faith, like Marcus and his followers, who spoke in
prophecies and had visions of a feminine divinity clothed in the letters
of the Greek alphabet. He condemned the groups that swore by only
one gospel—like the Ebionites, who were attached to Matthew; or the
Marcionites, who studied only Luke. Just as bad were the groups like
the Gnostics, who had too many texts. Instead, Irenaeus decided that
Matthew, Mark, Luke, and John should be the four cornerstone gospels
of what to believe—"
"—because they all had a narrative of Christ's Passion in them...
which the Church needed, in order for the Eucharist to mean something."
"Exactly," Fletcher said. "Then Irenaeus appealed to all those people
who were trying to decide which Christian group was right for them.
Basically, he said: 'We know how hard it is to figure out what's true,
and what's not. So we're going to make it easy for you, and tell you
what to believe.' People who did that were true Christians. People who
didn't were not. And the things Irenaeus told people to believe became
the foundation for the Nicene Creed, years later."
Every priest knew that what we were taught in seminary had a
Catholic spin put on it—yet there was an incontrovertible truth behind
it. I had always believed that the Catholic Church was evidence of religious
survival of the fittest: the truest, most powerful ideas were the
ones that had prevailed over time. But Fletcher was saying that the
most powerful ideas had been subjugated... because they jeopardized
the existence of the Orthodox Church. That the reason they'd had to be
crushed was because—at one point—they'd been as or more popular
than Orthodox Christianity.
Or in other words, the reason the Church had survived and flour
ished was not because its ideas were the most valid, but because it had
been the world's first bully.
"Then the books of the New Testament were just an editorial decision
someone once had to make," I said.
Fletcher nodded. "But what were those decisions based on? The
gospels aren't the word of God. They're not even the apostles' firsthand
accounts of the word of God. They're simply the stories that best supported
the creed that the Orthodox Church wanted people to follow."
"But if Irenaeus hadn't done that," I argued, "chances are there
would be no Christianity. Irenaeus united a whole mass of fragmented
followers and their beliefs. When you're in Rome in A.D. 150 and you're
being arrested because you confess Christ as your savior, you want to
make sure that the people beside you aren't going to turn around at the
last minute and say they believe something different. In fact, it's still
important today to figure out who's a believer and who's just a
nutcase—read any paper and you'll see how anger, prejudice, or ego
are all routinely passed off as the Word of God, usually with a bomb
strapped to it."
"Orthodoxy takes the risk away," Fletcher agreed. "We tell you
what's real and what's not, so you don't have to worry about getting it
wrong. The problem is that the minute you do it, you start separating
people into groups. Some get favored, some don't. Some gospels get
picked, others get hidden away underground for thousands of years."
He looked at me. "Somewhere along the line, organized religion
stopped being about faith, and started being about who had the power
to keep that faith." Fletcher ripped off the sheet of paper with Irenaeus's
equation, leaving a clear, blank slate beneath. He crumpled the
paper, tossed it into his trash can. "You said that the purpose of religion
was to bring people together. But does it, really? Or does it—knowingly,
purposefully, and intentionally—break them apart?"
I took a deep breath. And then I told him everything I knew about
Shay Bourne.
Lucius
None of us were getting any sleep, but it wasn't for lack of trying.
Crowds have their own pH, and the remarkable thing is that they can
change in an instant. The people who had been camping out outside the
prison—who were featured in a countdown every night on the local news
(MR. MESSIAH: DAY 23)-had somehow gotten word that Shay had been
hospitalized for an injury. But now, in addition to the camp that was holding
a prayer vigil for Shay, there was a very vocal group of people who felt
that this was a sign, that the reason Shay had been hurt so badly was because
God decided he had it coming to him.
They got louder, for some reason, after dark. Insults were hurled, fights
were picked, punches were thrown. Someone sent the National Guard
down to patrol the perimeter of the prison and keep the peace, but no one
could shut them up. Shay's supporters would sing gospel to drown out the
chants of the disbelievers ("Jesus lives! Bourne dies!"). Even with headphones
on, I could still hear them, a headache that wouldn't go away.
Watching the eleven o'clock news that night was surreal. To see the
prison and hear the resonant shouts of the mob outside echoing the broadcast
on my television-well, it was like deja vu, except it was happening
now.
There's only one God, people shouted.
They carried signs: JESUS IS MY HOMEBOY-NOT SATAN.
LET HIM DIE FOR HIS SINS.
NO CROWN OF THORNS FOR SHAY BOURNE.
They were separated from the Shay loyalists by armed guards toting
guns, who walked the fault line of public opinion between them.
"As you can see," the reporter said, "sentiment in support of Shay
Bourne and his unprecedented case to donate his heart is waning in the
wake of his hospitalization. A recent poll done by WNRK news shows only
thirty-four percent of New Hampshire residents still convinced that the
courts should allow Bourne to be an organ donor; and even less than that—
sixteen percent—agree that his miracles are divinely inspired. Which means
that an overwhelming eighty-four percent of the state agrees with Reverend
Arbogath Justus, who's joining us again this evening. Reverend, you
and the members of your church have been here for nearly a week now
and have been instrumental in turning the tide of public opinion. What's
your take on the Bourne hospitalization?"
The Reverend Justus was still wearing that green suit. "Ninety-nine
percent of the state thinks you should burn that outfit," I said out loud.
"Janice," the reverend replied, "we at the Drive-ln Church of Christ in
God have of course been praying for Shay Bourne's speedy and full recovery
in the wake of the prison attack. However, when we pray, we pray to
the one and only Lord: Jesus Christ."
"Is there any message you have for those who still don't agree with
you?"
"Why, yes." He leaned closer to the camera. "I told you so."
The reporter took back the microphone. "We've been told that Bourne
will be released from the hospital in the next few hours, but doctors
haven't commented on his condition... " Suddenly, a roar went up from
both sides of the crowd, and the reporter covered her earpiece with one
hand. "This is unconfirmed," she said over the din, "but apparently an ambulance
has just driven into the rear entrance of the prison..."
On the screen, the camera swung past her to catch a man decking a
woman in a purple caftan. The armed guards stepped in, but by then other
fights had broken out between the camps. The line separating the two bled,
until the guards had to call in reinforcements. The cameras captured a
teenager being trampled, a man being smacked in the head by the butt of
a guard's rifle and collapsing.
"Lights-out," a CO said over the loudspeaker. Lights-out never really
meant lights-out—there was always some residual bulb shining somewhere
in the prison. But I pulled off my headphones, lay down on my bunk—and
listened to the riot going on outside the brick walls of the prison.
This is what it always comes down to, I realized. There are the ones
who believe, and the ones who don't, and caught in the space between
them are guns.
Apparently, I wasn't the only one being disturbed. Batman the Robin
began to squawk, in spite of Calloway's efforts to hush him.
"Shut that freaking bird up already!" Texas yelled.
"You shut up," Calloway said. "Fucking Bourne. Wish he'd never come
onto this fucking tier."
As if he'd been summoned, the door to I-tier opened, and in the halflight,
Shay moved toward his cell, escorted by a flock of six officers. He had
a bandage on his face, and two black eyes. Part of his scalp had been
shaved. He did not look at any of us as he passed. "Hey," I murmured as he
walked by my cell, but Shay didn't respond. He moved like a zombie, like
someone in a sci-fi film whose frontal lobe has been removed by the mad
scientist.
Five of the officers left. The sixth stood outside Shay's cell door, his
own personal security guard. The presence of the CO prevented me from
talking to Shay. In fact, the presence of the CO prevented any of us from
talking, period.
I guess we were all so focused on his return that it took us several moments
to realize that the quiet wasn't just a lack of conversation. Batman
the Robin had fallen asleep in Calloway's breast pocket. And outside, that
din—that god-awful din—had gone spectacularly, blissfully silent.
Maggie
America was founded on religious freedom, on the separation of church
and state, and yet I will be the first to tell you that we're not much better
off than those Puritans were in the 1770s over in England. Religion and
politics get into bed with each other all the time: the first thing we do in a
courtroom is swear on a Bible; public school classes begin with the Pledge
of Allegiance, which declares us one nation under God; even our currency
is stamped with the words In God We Trust. You'd think that of all people, a
lawyer like me from the ACLU would be violently opposed to this on principle,
but no. I had spent thirty minutes in the shower and another twenty
driving downtown to the federal courthouse trying to figure out the best
way to drag religion smack into the middle of a courtroom.
I was just determined to do it without offending the personal beliefs
of the judge.
In the parking lot, I called the ChutZpah and reached my mother on
the first try.
"What kind of name is Haig?"
"You mean like the general?"
"Yeah."
"Sounds German, maybe," she mused. "I don't know. Why?"
"I was talking religious affiliation."
"Is that what you think I do?" my mother said. "Judge people on their
last names?"
"Does everything have to be an accusation? I just need to know before
I go into chambers, so that I can tailor what I say to the justice sitting on
the case."
"I thought the whole point of being a judge was being impartial."
"Right. Just like the whole point of being crowned Miss America is to
promote world peace."
"I can't remember if Alexander Haig is Jewish. I know your father
liked him because he supported Israel..."
"Well, even if he is, that doesn't mean that my judge is. Haig isn't
quite as easy to figure out as someone named O'Malley or Hershkowitz."
"Your father once dated a Jewish girl named Barbara O'Malley, for
your information," my mother said.
"Hopefully before he married you..."
"Very funny. I'm just saying that your theory isn't airtight."
"Well, you don't meet many Jewish O'Malleys."
My mother hesitated. "I think her grandparents had their surname legally
changed from Meyer."
I rolled my eyes. "I've got to go. No matter what his religion is, no
judge likes a lawyer who's late."
I had received a call from my secretary when I was meeting with
Warden Coyne about Shay's protection in the prison—Judge Haig
wanted to see counsel in federal court the very next morning, a mere
four days after I'd filed my complaint there. I should have realized
things were going to move blisteringly fast. Shay already had an execution
date scheduled, so the court had put us on an expedited trial
calendar.
As I turned the corner, I saw the AAG from the appellate division,
Gordon Greenleaf, already waiting. I nodded at him, and then felt my cell
phone vibrating in my purse with a text message.
GOOGLED HAIG-ROM CATI1. XO MOM
I snapped the phone shut as the clerk arrived to lead us into Judge
Haig's chambers.
The judge had thinning gray hair and a distance-runner's body. I
peered at the collar of his shirt, but he was wearing a tie: for all I knew,
he might be wearing a crucifix, a star of David, or even a rope of garlic to
ward off vampires. "All right, boys and girls," he said, "who can tell us
why we're here today?"
"Your Honor," I answered, "I'm suing the commissioner of corrections
of the State of New Hampshire on behalf of my client, Shay
Bourne."
"Yes, thank you, Ms. Bloom, I already breathlessly read your complaint
from cover to cover. What I meant was that Mr. Bourne's impending
execution is already a zoo. Why is the ACLU turning it into a bigger
one?"
Gordon Greenleaf cleared his throat. He had always reminded me of
Bozo the Clown, with his tufted red hair and allergies that left his nose
red more often than not. "He's a death row inmate trying to delay the inevitable,
Your Honor."
"He's not trying to delay anything," I argued. "He's just trying to make
amends for his sins, and he believes this is the way he needs to die in
order to reach salvation. He'd be the first to tell you you can execute him
tomorrow, as long as it's by hanging."
"This is 2008, Ms. Bloom. We execute people by lethal injection.
We're not going back to a more archaic form of execution," Judge Haig
said.
I nodded. "But, Judge, with all due respect, if the Department of Corrections
finds lethal injection impractical, the sentence may be carried
out by hanging."
"The Department of Corrections doesn't have a problem with lethal
injection!" Greenleaf said.
"It does when Mr. Bournes First Amendment rights are being violated.
He has the right to practice his religious beliefs, even in a prison
setting—up to and including during the moment of his execution."
"What are you talking about?" Greenleaf exploded. "No religion insists
on organ donation. Just because one individual gets some crazy set
of rules into his head to live—or die—by, that doesn't qualify it as a religious
belief."
"Gee, Gordon," I said. "Who died and left you God?"
"Counselors, back to your corners," Judge Haig said. He pursed his
lips, deep in thought. "There are some factual issues here that need to be
fleshed out," he began, "but the first of these is, Mr. Greenleaf, whether
the state will agree to hang Mr. Bourne in lieu of giving him a lethal injection."
"Absolutely not, Judge. Preparations are already in place for the
method of execution that was specified at his sentencing."
Judge Haig nodded. "Then we'll set this down for trial. Given the
very real deadline we're working under, it will be an expedited hearing.
We're going to pretend that there's no such thing as federal discovery;
we're going to pretend that there's no such thing as summary judgment
motions—we don't have time for them. Instead, I want witness lists on
my desk in a week, and I want you prepared to go straight to trial in two
weeks."
Gordon and I gathered our belongings and stepped outside chambers.
"Do you have any idea how much money the taxpayers of New
Hampshire have spent on that death chamber?"
"Take it up with the governor, Gordon," I said. "If the rich towns in
New Hampshire have to pay for public education, maybe the poor towns
can cough up the funds for future death row inmates."
He folded his arms. "What's the ACLU's game here, Maggie? You can't
get the death penalty declared unconstitutional, so you use religion as a
fallback position?"
I smiled at him. "You do if it helps you get the death penalty declared
unconstitutional. See you in two weeks, Gordon," I said, and I walked
off, leaving him staring after me.
Three times, I picked up the phone and dialed. Three times, I hung up
just as the line connected.
I couldn't do this.
But I had to. I had two weeks to get the facts; and if I was going to
fight on Shay's behalf to donate his heart, I needed to understand exactly
how this was going to work—and be able to explain that in court.
When the hospital switchboard connected, I asked to speak to Dr.
Gallagher's office. I left my name and number with a secretary, fully anticipating
the fact that it would take some time before he returned my call,
during which I might actually develop the courage to speak to him. So
when the phone rang almost as soon as I put down the receiver, I was
shocked to hear his voice. "Ms. Bloom," he said. "What can I do for
you?"
"You weren't supposed to call back this fast," I blurted out.
"Ah, I'm sorry. I really should be less punctual with my patients."
"I'm not your patient."
"Right. You were only masquerading as one." He was silent, and then
said, "I believe you called me?"
"Yes. Yes, I did. I was wondering if you might be willing to meet with
me—professionally, of course—"
"Of course."
"—to talk about hanging and organ donation."
"If only I had a dime for every time I've been asked to do that," Dr.
Gallagher said. "I'd be delighted to meet with you. Professionally, of
course."
"Of course," I said, deflated. "The catch is, I have to meet you fairly
soon. My client's trial starts in two weeks."
"Well, then, Ms. Bloom, I'll pick you up at seven."
"Oh—you don't have to do that. I can meet you at the hospital."
"Yes, but I really prefer to not eat the cafeteria Jell-O on my days
off."
"It's your day off?" He called me back on his day off? "Well, we can do it
some other time..."
"Didn't you just tell me this was something that needed to be done
quickly?"
"Well," I said. "Yeah."
"Then seven o'clock it is."
"Excellent," I said in my finest courtroom voice. "I look forward to it."
"Ms. Bloom."
"Yes?"
I held my breath, waiting for him to lay down the parameters of this
meeting. Do not expect this to be any more than it is on the surface: two
professionals doing business. Do not forget that you could have asked
any number of doctors, even ones who don't have eyes the color of a
moonless night and an accent that tugs like a fishing hook. Do not delude
yourself into pretending this is a real date.
"I don't know where you live."
Whoever said that black makes you look thinner obviously did not have
the same clothes that were hanging in my closet. First I tried on my favorite
black pants, which were no longer my favorite because they only buttoned
if I stopped breathing and didn't intend to sit at all during the
meal. The black turtleneck that still had tags on it made me look like I
had a double chin, and the black crochet shrug that had looked so cute
in the catalog showed every inch of bra roll. Red, I thought. I'll be bold and
make a statement. I tried on a crimson silk camisole, but the only statement
I seemed to be sending was Frederick's of Hollywood. I sifted
through wraps and cardigans and shells and blazers, A-line skirts and
pleated ones and cocktail dresses, tossing them off one by one onto the
floor as Oliver hopped away in vain, trying not to get trapped underneath.
I tried on every single pair of trousers in my possession and decided
that my ass was well on its way to being declared one of Saturn's
moons. Then I marched myself to the bathroom mirror. "Here's the
thing," I said to myself. "You don't have to look like Jennifer Aniston to
discuss the best way to execute someone."
Although, I imagined, it probably helped.
Finally I decided on my favorite pair of jeans, and a flowing pale
green tunic that I'd found for five dollars at an Asian boutique, so I
always felt good about wearing it, even when I didn't look perfect. I
twisted my hair up and stabbed it with a hair stick, hoping it looked
artful and Grecian instead of just messy and out of time.
At exactly seven, the doorbell rang. I took one last look at myself in
the mirror—the outfit clearly said casual, together, not trying too hard—
and opened the door to find Dr. Gallagher wearing a coat and tie.
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