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Transgender man will be allowed to sue Catholic hospital over hysterectomy

September 19, 2019 CNA Daily News 5

Sacramento, Calif., Sep 19, 2019 / 02:00 pm (CNA).- A Sacramento-area woman who identifies as a transgender man will be allowed to sue a Catholic hospital for cancelling and rescheduling a procedure to remove her uterus, following a ruling from the 1st District Court of Appeal that overturned a lower court ruling on Wednesday.

Evan Minton, who identifies as a male, says in the lawsuit that Dignity Health, a Catholic health system that operates Mercy San Juan Medical Center outside Sacramento, in 2017 cancelled a planned hysterectomy when she mentioned to a nurse that she identifies as trangendered.

Dignity Health arranged for Minton to have the procedure done at a different hospital within 72 hours of the cancellation, the Sacramento Bee reports. The surgeon, Dr Lindsey Dawson, told the Bee that Dignity Health officials assisted her in getting emergency privileges at Methodist, a non-Catholic affiliated hospital, so she could perform the hysterectomy there.

Minton sued, arguing that the hospital’s actions violated California’s Unruh Civil Rights Act, which says businesses must offer full and equal access to state residents, the Bee reports.

Dignity Health provided a response to the Sacramento Bee.

“Catholic hospitals do not perform sterilizing procedures such as hysterectomies for any patient regardless of their gender identity, unless there is a serious threat to the life or health of the patient,” the Dignity statement said.

“Courts have repeatedly recognized the right of faith-based hospitals not to provide services based on their religious principles….In this case, Mr. Minton was able to quickly receive the sought-after procedure at another nearby Dignity Health hospital that is not Catholic-affiliated.”

A San Francisco Superior Court judge initially dismissed Minton’s lawsuit, on the grounds that the hospital followed court precedent in rescheduling the patient quickly at a different hospital.

Court records show that Minton underwent hormone replacement therapy in 2012 and a mastectomy in 2014, and planned to undergo the hysterectomy before having a penis surgically created.

Another Catholic health system in California, St. Joseph Health, is facing a similar lawsuit filed in March from another woman who identifies as a transgender man after one of its locations, St. Joseph Hospital in Eureka, refused to perform a hysterectomy.

After the surgery at St. Joseph was denied, Knight underwent a hysterectomy at a hospital unaffiliated with the St. Joseph Health of Northern California system, 30 minutes away.

Like Dignity Health, St. Joseph Health said in a statement that hysterectomies are only performed at their facilities when they have been deemed “medically necessary,” and not for purposes of sterilization.

The teaching of the Catholic Church recognizes a hysterectomy as licit when there is a grave and present danger to the life or health of the mother, and when the intention of the procedure is not to prevent the possibility of conception.
 
In January 2019, the Congregation for the Doctrine of the Faith issued an authoritative response which explained the circumstances under which a hysterectomy could be morally licit.

A 2016 letter to the Centers for Medicare & Medicaid Services signed by the general counsel for the United States Conference of Catholic Bishops, together with other groups, affirmed that the denial of surgery to someone seeking to change their gender would not be discriminatory, noting that in such cases there would be nothing medically wrong with otherwise healthy organs to be removed.

“It is not ‘discrimination’ when a hospital provides care it considers appropriate, declines to perform procedures destructive to patients’ welfare and well-being, or declines to take actions that undermine the health, safety, and privacy of other patients,” the letter said.
 
“A hospital does not engage in ‘discrimination’ when, for example, it performs a mastectomy or hysterectomy on a woman with breast or uterine cancer, respectively, but declines to perform such a procedure on a woman with perfectly healthy breasts or uterus who is seeking to have the appearance of a man.”

 

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‘Secret preacher’ of Dachau concentration camp beatified

September 19, 2019 CNA Daily News 0

Limburg, Germany, Sep 19, 2019 / 12:06 pm (CNA).- The ‘secret preacher of block 17’ who witnessed to Christ in a Nazi concentration camp was beatified this week in Limburg, Germany.

Blessed Father Richard Henkes was a German Pallottine priest denounced by the Nazis for his outspoken preaching. He died in Dachau concentration camp in 1945 while caring for prisoners sick with typhus.

“The real reformers of the Church are the blessed and the saints,” said Cardinal Kurt Koch at Henkes’ beatification on Sept. 19. “For we can only achieve the utmost externally, in structural terms, when we are also prepared to strive to achieve our utmost internally, in faith.”

“Love is not without sacrifice,” Koch said. “The Christian martyrdom is only real if it is realized as the supreme act of love for God and for one’s brothers and sisters.”

From the pulpit and the classroom, Fr. Henkes spoke out against the Nazi ideology and condemned the regime’s crimes against human dignity, focusing one homily on their killing of the disabled. Henkes was first denounced in 1937 for one of his homilies, for which he had to stand trial.

In the following years of World War II, Henkes was interrogated and threatened by the Gestapo again and again as he continued to work as a youth chaplain and retreat master.

“In the face of this neo-pagan ideology, Father Henkes surmised that wherever God is reduced to insignificance and pushed out of the public eye, man is also reduced to insignificance,” Koch said.

“Only when God is exalted through us human beings, when we do what Mary did in the Magnificat – Magnificat anima mea: Let God be exalted through my soul – wherever that takes place, there man is not reduced to insignificance, but is given a share in the greatness of God’s love,” the cardinal said.

Fr. Henkes was finally arrested by the Gestapo in May 1943 because of the content of one of his homilies in Branitz. He was then imprisoned in the Dachau concentration camp, where he lived in the priests’ barracks, did compulsory labor, and secretly studied Czech with the future archbishop of Prague, Servant of God Cardinal Josef Beran.

Henkes had begun studying the Czech language before his imprisonment, and said that he hoped to continue serving the Czech people as a priest after the war. He secretly preached in block 17 of Dachau, where there were many Czech people.

In late 1944, a typhus epidemic overtook block 17. Fr. Henkes volunteered to be locked up with the sick prisoners, so that he could continue to minister to them and care for the dying.

He described the situation in Dachau in a letter smuggled out of the camp through a middleman: “People are dying in masses because they are completely starving. There are only skeletons. A gruesome picture. I have been vaccinated against typhus fever and I hope that the Lord God protects me … However, one thinks of how this will end up here. We can do nothing, we can only rely on the Lord God.”

After eight weeks in the quarantined barracks, Fr. Henkes became infected with typhus. He died within a week, on Feb. 22, 1945. Allied forces liberated Dachau concentration camp on April 29, 1945.

Shortly after the end of World War II, Catholics in the Czech Republic began calling for Henkes’ cause for sainthood to be opened.

Last Sunday, Henkes joined the ranks of the saints and beatified priests and religious who died witnessing to Christ amid the inhumanity and horror of the Nazi concentration camps. This includes not only St. Maximilian Kolbe and St. Teresa Benedicta of the Cross, who both were killed in Auschwitz, but also Henkes’ fellow prisoners in the priest barracks of Dachau, several of whom have already been beatified.

More than 2,500 Catholic priests and seminarians were imprisoned in Dachau concentration camp under the Nazi regime, of which 1,034 died in the camp.

Blessed Michal Kozal — a Polish bishop killed by lethal injection in Dachau in 1943 — was beatified by St. John Paul II in Warsaw in 1987.

Blessed Karl Leisner was secretly ordained a priest while imprisoned in Dachau in 1944 by a French bishop also held within the concentration camp. (Bishop Gabriel Piguet was able to obtain clandestine authorization from Leisner’s bishop before the ordination.) Leisner died of tuberculosis shortly after celebrating his first Mass.

Fr. Leisner was beatified, along with Fr. Provost Lichtenberg, by St. John Paul II during his visit to Berlin in 1996.

Blessed Fr. Engelmar Unzeitig, who also died in Dachau while caring for sick prisoners infected with typhus in 1945, was beatified in Germany in 2016. Fr. Unzeitig wrote in a letter from the concentration camp: “God’s almighty grace helps us overcome obstacles … love doubles our strength, makes us inventive, makes us feel content and inwardly free. If people would only realize what God has in store for those who love him!”

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Pope’s cardinal advisors continue to discuss apostolic constitution

September 19, 2019 CNA Daily News 2

Vatican City, Sep 19, 2019 / 10:14 am (CNA).- Pope Francis’ now six-member Council of Cardinal Advisors met this week to continue work on the forthcoming apostolic constitution, incorporating into the draft suggestions submitted by bishops’ conferences and others during the summer.

According to a brief press release from the Holy See press office Thursday, the council met Sept. 17-19, with a focus on “re-reading and modifying the draft of the new Apostolic Constitution,” which has the provisional title Praedicate evangelium.

“This first rereading, which has come to an end, was a passage of listening and reflection that responds to the indications of the Holy Father in the sense of communion and synodality,” the statement said.

The new constitution has been the advisory group’s key reform project since its establishment in 2013, one month after Pope Francis’ election.

The document is expected to place renewed emphasis on evangelization as the structural priority of the Church’s mission, with some predicting the merger of the Vatican’s Congregation for the Evangelization of Peoples and the Pontifical Council for the Promotion of the New Evangelization into a single larger department.

Praedicate evangelium will replace Pastor bonus, the current apostolic constitution on the Roman Curia promulgated by Pope John Paul II on June 28, 1988, and subsequently modified by both popes Benedict and Francis.

Pope Francis attended the council’s meetings, the advisory group’s 31st, when not in other audiences and appointments. On Wednesday morning the pope held his usual general audience, and Thursday morning he had a full slate of appointments, including with Cardinal Reinhard Marx, Archbishop of Munich and Freising and the coordinator of the Council for the Economy, who is also president of the German bishops’ conference.

The Council of Cardinal Advisors is often referred to informally as the “C9,” although there have been only six members since December 2018, when three of the original members, Cardinals George Pell, Francisco Javier Errazuriz, and Laurent Monsengwo, were removed, ostensibly for reasons of age.

In addition to Marx, the other members of the pope’s advisory council are Cardinals Pietro Parolin, Óscar Andrés Rodríguez Maradiaga, Seán Patrick O’Malley, Giuseppe Bertello and Oswald Gracias.

Bishops Marcello Semeraro and Marco Mellino, the secretary and adjunct secretary of the council, were also present at the meetings this week.

The next round of gatherings will take place Dec. 2-4.

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Blood of St. Januarius liquefies on feast day

September 19, 2019 CNA Daily News 0

Naples, Italy, Sep 19, 2019 / 10:06 am (CNA).- The miracle of the liquefiction of the blood of early Church martyr St. Januarius took place Thursday in Naples.

The blood was shown to have liquefied shortly after 10 a.m. during Mass in the Naples’ Cathedral of the Assumption of Mary.

The Mass was celebrated by Cardinal Crescenzio Sepe, Archbishop of Naples, who in his homily, strongly criticized the violent crime of Neapolitan streets.

Despite the city’s recurring miracle, “the evil that the hateful and violent killers commit in Naples is limitless,” he said.” In effect they try to kill at birth just the possibility of making a future…”

This, he noted, generates fear and insecurity, and goes against the common good. 

“We must ask ourselves: does Naples still have a great and sincere heart? Us citizens of today’s Naples have to answer this question with truth, therefore, with realism, with honesty and courageously, without letting ourselves be taken by a false nostalgia of the times we once had,” he stated.

St. Januarius, or San Gennaro in Italian, the patron of Naples, was a bishop of the city in the third century, whose bones and blood are preserved in the cathedral as relics. He is believed to have been martyred during Diocletian persecution.

The reputed miracle is locally known and accepted, though has not been the subject of official Church recognition. The liquefaction reportedly happens at least three times a year: Sept. 19, the saint’s feast day, the Saturday before the first Sunday of May, and Dec. 16, the anniversary of the 1631 eruption of Mount Vesuvius.

During the miracle, the dried, red-colored mass confined to one side of the reliquary becomes blood that covers the entire glass. In local lore, the failure of the blood to liquefy signals war, famine, disease or other disaster.

The blood did not liquefy in December 2016, but Monsignor Vincenzo De Gregorio, abbot of the Chapel of the Treasure of San Gennaro, said it was a sign that Catholics should pray rather than worry about what the lack of miracle could mean.

“We must not think of disasters and calamities. We are men of faith and we must pray,” he said at the time.

The vial has sometimes changed upon the visit of a pope.

On March 21, 2015, Pope Francis met with priests, religious and seminarians at the cathedral and gave a blessing with the relic.

Sepe then received the vial back from the pope and noted that the blood had partially liquefied.

The last time blood liquefied in the presence of a pope was in 1848 when Bl. Pius IX visited. The phenomenon didn’t happen when St. John Paul II visited the city in October 1979, or when Benedict XVI visited in October 2007.

 

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