Washington D.C., Mar 4, 2019 / 04:30 pm (CNA).- The Supreme Court will not consider a case which would have raised questions about the separation of church and state. The court ruled unanimously against granting certiorari in the case The Presbyterian Church in Morristown v. Freedom From Religion Foundation on Monday, March 4.
The case concerned the question of whether churches or other active religious buildings in New Jersey were eligible for taxpayer money designated for historic preservation.
Although all nine justices voted against hearing the case, three of the justices–Justices Brett Kavanaugh, Samuel Alito, and Neil Gorsuch–issued comments saying the court would have to consider the issue at some point in the near future.
Kavanaugh, the newest member of the Supreme Court, issued an opinion in which he said that preventing religious organizations from accessing grants for historic preservation was “pure discrimination against religion,” and raised “serious questions under this court’s precedents and the Constitution’s fundamental guarantee of equality.”
In 2018, the New Jersey State Supreme Court ruled that Morris County could not issue historic preservation grants to 12 churches located in the county. The county appealed this ruling to the Supreme Court.
The county had previously issued such grants until 2015, until a suit was filed arguing that the practice was a violation of the Establishment Clause, since government money was granted to repair actively operating churches.
The plaintiff in that case was represented by the Freedom From Religion Foundation, a self-described “National non prophet nonprofit” that promotes the separation of church and state.
Attorneys for the foundation argued that the New Jersey State Constitution forbids taxpayer dollars from going to religious organizations.
In a press release published on its website, the foundation called the Supreme Court’s decision a “big triumph for the rights of hardworking New Jersey folks.”
In his opinion, Kavanaugh said that “the court will need to decide whether a government that distributes historic preservation funds may deny funds to religious organizations simply because the organizations are religious.”
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Sister Scholastica Radel (left) and Mother Abbess Cecilia Snell of the Benedictines of Mary, Queen of Apostles, discuss the recent exhumation of the order’s foundress, Sister Wilhelmina Lancaster, in an interview with EWTN News In Depth on May 30, 2023, at their abbey in Gower, Missouri. / EWTN News
Washington, D.C. Newsroom, Jun 4, 2023 / 08:00 am (CNA).
Her flashlight was dim, so when Mother Abbess Cecilia Snell first peered inside the cracked coffin lid and saw a human foot inside a black sock where one would expect to find only bone and dust, she didn’t say anything.
Instead, she took a step back, collected herself, and leaned in for another look, just to be sure. Then she screamed for joy.
“I will never forget that scream for as long as I live,” recalled Sister Scholastica Radel, the prioress, who was among the members of the Benedictines of Mary, Queen of Apostles, who were present to exhume the remains of their foundress, Sister Wilhelmina Lancaster.
“It was a very different scream than any other scream,” the abbess agreed. “Nothing like seeing a mouse or something. It was just pure joy. ‘I see her foot!’”
What the sisters discovered that day would cause a worldwide sensation: Roughly four years after her burial in a simple wooden coffin, Sister Wilhelmina’s unembalmed body appeared very much intact.
In an exclusive TV interview with EWTN News In Depth, the two sisters shared details of their remarkable discovery — revealing, among other things, that Sister Wilhelmina’s body doesn’t exhibit the muscular stiffness of rigor mortis — and reflected on the deeper significance of the drama still unfolding at their Abbey of Our Lady of Ephesus in rural Gower, Missouri.
They also clarified that Sister Wilhelmina’s coffin was exhumed on April 28, nearly three weeks earlier than CNA had understood. The sisters explained that it took about two weeks to remove dirt, mold, and mildew before they moved her body to the church. You can hear excerpts from the interview and other commentaries in the video at the end of this story.
Pilgrims visit the body of Sister Wilhelmina Lancaster, the foundress of the Benedictines of Mary, Queen of Apostles, in Gower, Missouri. EWTN News
Of particular significance to the members of the contemplative order, known for their popular recordings of Gregorian chants and devotion to the Traditional Latin Mass, is that the traditional habit of their African American foundress also is surprisingly well-preserved.
“It’s in better condition than most of our habits,” Mother Cecilia told EWTN’s Catherine Hadro.
“This is not possible. Four years in a wet coffin, broken in with all the dirt, all the bacteria, all the mildew, all the mold — completely intact, every thread.”
For the sisters, the symbolism is profound. A St. Louis native, Sister Wilhelmina spent 50 years in another religious order but left after it dispensed with the requirement of wearing its conventional habit and altered other long-established practices. She founded the Benedictines of Mary in 1995 when she was 70 years old.
“It’s so appropriate, because that’s what Sister Wilhelmina fought for her whole religious life,” Mother Cecilia said of the habit.
“And now,” Sister Scholastica said, “that’s what’s standing out. That’s what she took on to show the world that she belonged to Christ, and that is what she still shows the world. Even in her state, even after death, four years after the death, she’s still showing the world that this is who she is. She’s a bride of Christ, and nothing else matters.”
‘I did a double take’
The Benedictine community exhumed Sister Wilhelmina, almost four years after her death, after deciding to move her remains to a new St. Joseph’s Shrine inside the abbey’s church, a common custom to honor the founders of religious orders, the sisters said.
Members of the community did the digging themselves, “a little bit each day,” Mother Cecilia said. The process began on April 26 and culminated with a half-dozen or so sisters using straps to haul the coffin out of the ground on April 28.
The abbess revealed that there was a feeling of anticipation among the sisters to see what was inside the coffin.
“There was a sense that maybe God would do something special because she was so special and so pure of heart,” Mother Cecilia said.
It was the abbess who looked through the cracked lid first, shining her flashlight into the dark coffin.
“So I looked and I kind of did a double take and I kind of stepped back. ‘Did I just see what I think I saw? Because I think I just saw a completely full foot with a black sock still on it,'” she recalled saying to herself.
Members of the Benedictines of Mary, Queen of Apostles, lead a procession with the body of their foundress, Sister Wilhelmina Lancaster, at their abbey in Gower, Missouri, on May 29, 2023. Joe Bukuras/CNA
Sister Wilhelmina’s features were clearly recognizable; even her eyebrows and eyelashes were still there, the sisters discovered. Not only that, but her Hanes-brand socks, her brown scapular, Miraculous Medal, rosary beads, profession candle, and the ribbon around the candle — none of it had deteriorated.
The crown of flowers placed on her head for her burial had survived, too, dried in place but still visible. Yet the coffin’s fabric lining, the sisters noted, had disintegrated. So had a strap of new linen the sisters said they used to keep Sister Wilhelmina’s mouth closed.
“So I think everything that was left to us was a sign of her life,” Sister Scholastica reflected, “whereas everything pertaining to her death was gone.”
Another revelation from the interview: Contrary to what one would expect in the case of a four-year-old corpse, Sister Wilhelmina’s body is “really flexible,” according to Sister Scholastica.
“I mean, you can take her leg and lift it,” Mother Cecilia observed.
EWTN News In Depth also spoke with Shannen Dee Williams, an author and scholar who is an expert on the history of Black Catholicism. Sister Wilhelmina’s story, she said, is an important reminder of “the the great diversity and beauty of the Black Catholic experience across the spectrum.”
“It’s a really important story that reminds us of what is the great diversity of what is the Black Catholic experience.” – @BlkNunHistorian explains the significance of Sister Wilhelmina choosing a traditional habit for her community. pic.twitter.com/nJmyQ6UYjA
— EWTN News In Depth (@EWTNNewsInDepth) June 3, 2023
‘A unifying moment’
There has been no formal declaration by Church authorities that Sister Wilhelmina’s body is incorrupt, nor has an independent analysis been conducted of her remains, the condition of which has puzzled even some experienced morticians. Neither is there any official process yet underway to put the African American nun on a possible path to sainthood.
Pilgrims visit the body of Sister Wilhelmina Lancaster, foundress of the Benedictines of Mary, Queen of Apostles, in Gower, Missouri. EWTN News
In the interview, Mother Cecilia called what’s happening at the abbey “a unifying moment for everybody” in a time of discord.
“There’s so much division, and it’s crazy,” she said. “We’re children of God the Father, every single one of us. And so you see, Sister Wilhelmina is bringing everyone together . . . I mean, this is God’s love pouring forth through people of every race, color,” she said.
“They come and they’re blown away, and it makes them think,” the abbess said. “It makes them think about God, about, ‘OK, why are we here? Is there more than just my phone, and my job, and my next vacation?’”
As for what comes next, no one can say. “We love God so much, his sense of humor, the irony, this humble little black nun hidden away in a monastery is a catalyst for this. It’s like a spark to send fire to the world,” Mother Cecilia said.
“It’s just remarkable,” she said. “But this is the kind of thing that God does when we need a wake-up call.”
Washington D.C., Jan 30, 2020 / 04:01 pm (CNA).- Longstanding court precedent has recognized religious schools’ right to pursue their mission in faculty employment decisions, and so the National Labor Relations Board wrongly claimed jurisdiction over Duquesne University, the U.S. Court of Appeals for the District of Columbia has said in a decision vacating the board’s recognition of a labor union for adjunct faculty.
“Just like churches, schools may pursue a religious mission. Indeed, education is at the core of religious activity for many Americans,” Judge Thomas Griffith said in the 2-1 decision issued Jan. 28. Court precedent has recognized teachers’ “critical and unique role” in “fulfilling the mission of a church-operated school,” he said.
“This holds true regardless of whether the teacher provides instruction in religious or secular subjects,” Griffith continued. “Given this vital role played by teachers, exercising jurisdiction over disputes involving teachers at any church-operated school presented a ‘significant risk that the First Amendment will be infringed’.”
He cited the NLRB v. Catholic Bishop of Chicago 1979 Supreme Court decision, which sided with the Catholic schools’ refusal to recognize a teachers’ union. The Supreme Court held that the labor board lacked jurisdiction over all teachers at church-operated schools.
Similar cases said this reasoning applied to religious colleges and universities, according to Griffith. Various precedents deny the labor board the ability to inquire about the relationship of faculty to religious mission for fear of chilling effect on the free exercise of religion and disrupting a community’s ability to define itself.
Duquesne is a Catholic school of about 6,000 undergraduates and 3,000 graduate students. It is the only U.S.-based university affiliated with the Congregation of the Holy Spirit.
Adjunct faculty organizing efforts formalized in 2012, when a majority of about 88 adjuncts at Duquesne’s McAnulty College and Graduate School of Liberal Arts sought to unionize through the United Steel, Paper and Forestry, Rubber, Manufacturing, Allied-Industrial and Service Workers International Union. At present they teach 44 percent of all credit hours in the university’s core curriculum, including math, science, writing, philosophy, theology, and ethics, the Chronicle of Higher Education reports.
Duquesne asked the national labor relations board to vacate the election, but the board’s regional officials asserted jurisdiction on the grounds Duquesne did not hold out to the public that its adjunct faculty performed specific religious roles at the school.
In 2018, the university challenged the labor board’s ruling in federal court.
Gabriel Welsch, a spokesman for Duquesne University, welcomed the Jan. 28 decision.
“The university is grateful that the court recognized the importance of our religious mission in rendering this significant decision,” Welsch said. “The Constitution’s First Amendment protection of religious freedom from government intrusion and regulation is one of America’s most important rights, and we are pleased that the court upheld the religious rights of Duquesne University of the Holy Spirit.”
Welsch said the university has deep respect and appreciation for unions, citing its long-term relationships with four unions which represent several hundred non-faculty employees.
“The university looks forward to continuing those positive and fruitful relationships in every way,” the spokesman said.
United Steelworkers spokeswoman Jess Kamm Broomell said the union is “disappointed with the court’s decision and even more concerned that Duquesne’s administration would fight this hard to keep their workers from having a voice on the job.”
“Unlike other Catholic universities that recognized adjunct faculty unions, the Duquesne administration decided to invoke its status as a religiously affiliated institution in an effort to stop adjuncts from joining together to improve their working conditions and the university community,” Kamm Broomell said.
It is unknown whether the national labor board will appeal the ruling, the Pittsburgh Post-Gazette reports.
Catholicism in America has had a long tradition of supporting labor unions. The U.S. Conference of Catholic Bishops issues a statement every Labor Day. The U.S. bishops were critical of a major 2018 Supreme Court ruling striking down mandatory fees paid to public-sector unions undermines workers. They cited Benedict XVI’s 2009 encyclical Caritas in veritate, which defends labor unions and objects to limits on their freedom.
In her dissent from the appellate court ruling, Judge Cornelia Pillard argued that the ban on unionization under national labor board rules applies only to full-time faculty, not part-time adjuncts who “often have a very different role.”
“It is not at all apparent that temporary, part-time adjuncts whom the school does not even hold out as agents of its religious mission necessarily fall within an exemption from the National Labor Relations Act that was drawn to account for the ‘critical and unique role’ of faculty in ‘fulfilling the mission of a church-operated school’,” she said.
Welsch said that in the wake of the court decision, Duquesne president Ken Gormley is “committed to taking a fresh look” at the university’s engagement with adjunct faculty.
“The university looks forward to working with our adjuncts, and indeed with all of our faculty and staff, to identify the right solutions for our wonderful community of scholars, teachers, and learners in the context of our unique mission,” Welsh said. “Our Catholic and Spiritan mission requires nothing less.”
The court also recognized the Catholic identity of the school.
“Duquesne holds itself out as providing a religious educational environment by publicly identifying itself as a Catholic institution guided by Catholic principles, providing regular Catholic religious services on campus, and encouraging students to participate in religious study groups, lectures, and projects,” the appellate court’s ruling said.
The court cited the danger of labor board intervention if a school took action against teachers for failing to comply with religious principles and of entanglement in questions like judging the content or application of religious principles.
The lack of jurisdiction similarly means the labor board “will not get involved in disputes between churches and their employees for fear of interfering with the churches’ religious missions.”
The court faulted the labor board’s framing of the issue, saying it pitted academic freedom against religious mission, both because this view entangled the board in adjudicating religious claims, and because it excluded the possibility that the faculty’s exercise of academic freedom might be understood as serving a religious mission.
The Association of Catholic Colleges and Universities, which filed an amicus brief in support of Duquesne, said the case was about how the government decides to recognize faith-based institutions. The labor board, in the association’s view, “chose to limit the designation of ‘Catholic’ strictly to the work that is done by professors teaching religion or other narrow corners of our institutions to be decided, institution-by-institution, by the NLRB itself.”
“No government office should ever have the power to decide, department-by-department, course-by-course, which ones are doing the Church’s work and which ones are not,” the association said.
Court precedents articulate “the problems that can arise when a government office decides what activity is religious and what is not.” While acknowledging that a number of its Catholic campuses welcome labor unions, the association said that “empowering government offices to decide which components of a university are faith-based is simply the wrong way to protect faculty.”
The appellate court ruling said that because the court has established that the labor board does not have jurisdiction over religious schools and faculty, it did not need to address the plaintiff’s claims that the board lacks jurisdiction for other reasons and claims that the board violated the Religious Freedom Restoration Act.
Irasema Ángel, 43, describes her past life as "a glass box full of lies," where there was no freedom or full happiness. / Credit: Courtesy of Irasema Ángel
ACI Prensa Staff, Feb 23, 2024 / 06:00 am (CNA).
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