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Lawyers’ group hesitant about Australia’s religious discrimination bill

September 4, 2019 CNA Daily News 1

Canberra, Australia, Sep 4, 2019 / 02:01 pm (CNA).- The president of the Law Council of Australia signalled dissatisfaction with the government’s religious discrimination bill Wednesday. Among his concerns are its ability to bolster conscience protections for medical professionals who object to participating in abortion.

Arthur Moses, head of the association of law societies and bar associations in Australia, addressed the bill in a Sept. 4 address to the National Press Club in Canberra.

According to Guardian Australia, much of his criticism focused on the suggestion the bill could protect expressions of racial discrimination.

The religious discrimination bill would make it unlawful to discriminate against people on the ground of their religious belief or activity; establish a religious freedom commissioner at the Australian Human Rights Commission; and amend existing laws regarding religious freedom, including marriage and charities law, and objects clauses in anti-discrimination law.

It would protect religious speech under commonwealth, state, and territory law.

The coalition government wants to make religious belief and activity a protected class, like race or sex. It also hopes to ensure that groups rejecting same-sex marriage are not stripped of their charitable status.

In its current version, the bill would not protect religious statements that are “malicious, would harass, vilify or incite hatred or violence against a person or group or which advocate for the commission of a serious criminal offence”.

The draft bill was released last week for public consultation by attorney-general Christian Porter.

Moses, in his prepared remarks to the National Press Club, said the Law Council welcomed the bill’s release “not because we necessarily agree with the government’s approach or with every provision. But because this provides an opportunity for a discussion that is long overdue about what type of nation we want to be.”

“An inclusive, tolerant and harmonious nation? A nation where people are vilified because of their sexuality in the name of religion? We need to get the balance right to ensure that there are no unintended consequences,” he stated, adding that “reasonable minds may differ about how we balance competing rights.”

He urged that “as a starting point, we need to have a clear definition of what we understand freedom and liberty to mean.”

Guardian Australia reported that Moses said the bill “doesn’t carry the same type of protection as section 18C of the Racial Discrimination Act”.

Section 18C of the Racial Discrimination Act 1975 makes unlawful offensive behaviour done publicly because of race, colour or national or ethnic origin if the act “is reasonably likely, in all the circumstances, to offend, insult, humiliate or intimidate another person or a group of people.”

Moses said that “the concept of offend and insult in section 18C is not to be found in this legislation – so the test is much more difficult to establish in relation to provisions of the religious freedom bill than what is currently contained in the Racial Discrimination Act.”

He maintained that “this is an area where we have said you need to be very careful because some comments that are made do have an impact on the most vulnerable members of our community.”

Moses also said the religious discrimination bill would allow employers to prohibit religious speech if they would suffer “unjustifiable financial hardship”.

He called this “an interesting concept … there is a mirage of freedom of speech but it’s confined by the employer’s bottom line. I think that’s silly, with all due respect.”

Australia’s coalition government is led by the Liberal Party, which is joined by the National Party. The opposition Australian Labor Party is expected to back the bill.

LGBT advocates are opposed to the bill, as it could override some provisions of Tasmanian law.

Some conservative members of parliament have asked instead for a religious freedom bill.

Senator Concetta Fierravanti-Wells, of the Liberal Party, voiced concerns July 9 that the bill does not go far enough, saying it “would be defensive in nature and limited to protecting against acts and practices by others which are discriminatory on the grounds of religion.”

She said that “quiet Australians now expect the Coalition to legislate to protect their religious freedom.”

The religious discrimination bill is being introduced to implement a commitment made in the 2019 federal election.

A review of religious freedom in Australia was finished in May 2018, making 20 recommendations; among these was a Religious Discrimination Bill.

The government has asked the Australian Law Reform Commission to report on how to balance competing claims of religious freedom rights and LGBT rights.

Australia has seen debate over religious freedom in recent years with respect to the seal of the confessional, hiring decisions, and same-sex marriage.

When same-sex marriage was legalized in Australia in 2017, efforts to include amendments that would protect religious freedom failed during parliamentary debate.

Archbishop Anthony Fisher of Sydney noted last year that “we cannot take the freedom to hold and practice our beliefs for granted, even here in Australia,” and that “powerful interests now seek to marginalize religious believers and beliefs, especially Christian ones, and exclude them from public life. They would end funding to faith-based schools, hospitals and welfare agencies, strip us of charitable status and protections.”

[…]

No Picture
News Briefs

‘This could be the end for me,’ Buffalo bishop says in taped conversation

September 4, 2019 CNA Daily News 3

Buffalo, N.Y., Sep 4, 2019 / 11:30 am (CNA).- Recordings of private conversations appear to show that Bishop Richard Malone of Buffalo believed sexual harassment accusations made against a diocesan priest months before the diocese removed the priest from ministry.

The contents of recordings of conversations between Bishop Malone and Fr. Ryszard Biernat, his secretary and diocesan vice chancellor, were reported on Wednesday by WKBW in Buffalo. In the conversations, Bishop Malone seems to acknowledge the legitimacy of accusations of harassment and a violation of the Seal of Confession made against a diocesan priest, Fr. Jeffrey Nowak, by a seminarian, months before the diocese removed Nowak from active ministry.

In an Aug. 2 conversation, Malone can reportedly be heard saying, “We are in a true crisis situation. True crisis. And everyone in the office is convinced this could be the end for me as bishop.” 

The bishop is also heard to say that if the media reported on the Nowak situation, “it could force me to resign.”

The conversations were secretly recorded by Biernat as the bishop discussed how to deal with accusations against Nowak by then-seminarian Matthew Bojanowski, who accused Nowak of grooming him, sexually harassing him, and violating the Seal of the Confessional.

According to an abridged transcript of the recordings provided by WKBW, Malone said in March that “the simple version here is we’ve got victims and we have a perpetrator, and the perpetrator is Jeff Nowak, and he’s done things that are clearly wrong, and I think he’s a sick puppy. That’s my amateur analysis of the whole thing.”

Despite this assessment, Nowak was not removed from ministry until Aug. 7, one day after the seminarian’s mother publicly accused Malone of allowing Fr. Nowak to remain in ministry despite the allegations against him.

The diocese issued a statement on August 18 that Malone had “never” kept a priest in active ministry who had a “credible allegation of abusing a minor” made against him, and “has never ignored” the accusation that Nowak violated the sacramental seal.

Malone started an investigation of the complaint, the statement said, and “[w]hen the individual who made the complaint was first questioned, his response was vague and needed follow up.”

In a statement released on Sept. 4, the diocese said it “stands by” its previous statement.

The seminarian, Matthew Bojanowski, raised the allegations in a letter to Bishop Malone dated January 24, 2019, saying Nowak had also admitted to “inappropriate actions” with minors. 

According to WKBW, Bojanowski first made the accusations known in October 2018, before he wrote Bishop Malone in January.

The recordings were reported by WKMB on Sept. 4 and were made by Biernat after Nowak became jealous of the close friendship between the seminarian and the bishop’s secretary. 

“I thought, ‘I need to do something,’ so I started recording those meetings because they say one thing but they do nothing,” Biernat told WKBW. “And so you have one recording in March then [a] week later, another recording, and nothing is being done.”

The diocese confirmed in a public statement that Malone had previously asked Biernat to take a leave of absence after Nowak obtained a letter between him and Bojanowski. According to a conversation taped Aug. 2, the bishop was concerned that media coverage would focus on a possible “love triangle” between Nowak, Bojanowski, and Biernat.

According to taped conversations, which date back to March of this year, Malone appears to admit that Bojanowski’s accusations are credible, and he considered sending Nowak to the St. Luke’s Institute in Maryland for psychiatric treatment.

Bishop Malone referenced Bojanowski’s allegations and called them “frightening concerns”; he said that “it became very clear to me that Jeff– was very interested in a– an– I think an inappropriate relationship [for] himself with Matthew.”

Malone also receiving a letter from Nowak which he suggests confirms the accusations. 

“I got this very carefully crafted– letter you’ve all seen now that details, I think, and gives evidence– that– that do back up the concerns that Matthew has,” Malone said, including the allegations of the violation of the Seal of Confession by Nowak.

Nowak “has some serious, serious issues,” Malone concluded. “We’re gonna send– and we’re gonna send him off to– for– assessment at St. Luke’s Institute of Maryland.”

Despite this apparent resolution, Malone later said he was concerned that Nowak would “go ballistic” if told he would be sent to St. Luke’s. In a taped conversation in July, Malone said that he told Nowak to either “go to Southdown”—an institute in Toronto that specializes in mental health and addiction problems for religious and clergy—or receive a leave of absence, and that Nowack decided to go to Southdown. 

Nowak was still in active ministry in the diocese by the beginning of August.

In a year of scandals related to clerical sexual abuse, Bishop Malone has repeatedly found himself at the center of media attention. 

In November, 2018, a former employee leaked confidential diocesan documents related to the handling of claims of clerical sexual abuse.

Last month, a RICO lawsuit was filed against the diocese and the bishop, alleging that the response of the diocese was comparable to an organized crime syndicate.

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No Picture
News Briefs

McCarrick created ‘culture of fear and intimidation,’ Seton Hall review finds

September 4, 2019 CNA Daily News 3

Newark, N.J., Sep 4, 2019 / 09:00 am (CNA).- Disgraced former cardinal Theodore McCarrick created a “culture of fear and intimidation” at the Seton Hall University seminary, according to a report released by the university on Aug. 27. 

“McCarrick used his position of power as then-Archbishop of Newark to sexually harass seminarians. No minors or other University students were determined to have been affected by McCarrick,” said the statement. 

Seton Hall is sponsored by the Archdiocese of Newark, which McCarrick led from 1988-2000. The Archbishop of Newark serves as president of the university’s board of trustees.

It is one of the oldest diocesan-run Catholic universities in the country and has about 10,000 students, including 6,000 undergraduates. Seton Hall is also home to Immaculate Conception Seminary and St. Andrew’s Hall college seminary.

The “independent, unrestricted review” was announced by interim university president Mary J. Meehan on Aug. 23 last year. It followed an Aug. 17 report published by CNA that detailed a series of allegations made by priests in the Archdiocese of Newark. 

Some of the priest’s accounts related to former archbishop Theodore McCarrick. Others detailed allegations of recent or ongoing behavior at the two seminaries, including a specific allegation concerning a former rector of St. Andrew’s Hall.

The review was conducted by the law firm Lantham & Watkins. It found that while Seton Hall University’s present Title IX policies are “consistent with state and federal law,” they were “not always followed” at Immaculate Conception Seminary or St. Andrew’s Hall.

These policy lapses “resulted in incidents of sexual harassment going unreported to the University,” said the statement. 

“Individuals, communities and parishes across the country have been affected by former archbishop McCarrick and others who have profoundly and forever negatively altered so many lives,” the University statement said.

“The University community prays for all victims of harassment and abuse of any kind. Seton Hall remains committed to advancing its mission and providing seminarians, students, faculty, priests, staff and administrators with a safe and welcoming environment to learn, live and grow.”

Both seminaries and Seton Hall University are now fully in line with Title IX regulations, said the statement. 

The university also announced that it had developed a “series of proactive measures” to address the fallout of the McCarrick scandal among the community, and that “progress” had been made. 

The measures included a commitment to sharing as much of the report’s findings with the university community as is possible under privacy law. 

Additionally, the university announced that a new Chief Compliance and Ethics Officer would be hired to “ensure University-wide adherence to Title IX laws, policies, and practices” and the school will require Title IX training each year for everyone within the Seton Hall community. The school pledged to conduct “prompt reviews” of allegations of sexual harassment. 

The university also said that efforts were underway to “improve the structural relationship” between the main university, Immaculate Conception Seminary, and the Archdiocese of Newark, that will “enhance oversight, control and compliance to prevent recurrence” of past problems.

In October last year, the university was forced to respond to several reports that seminarians had been subjected to harassment on campus by other students, following the public scandal surrounding McCarrick.

“Recently my office has been informed of several instances of foul language and incivility being aimed at members of our Immaculate Conception Seminary,” wrote Meehan in an email sent to the university community on Oct. 15.

This behavior is “unacceptable,” she said, and “cannot be tolerated.”

The August 27 statement said that steps had been taken to “underscore the importance of Immaculate Conception Seminary and St. Andrew’s Seminary to Seton Hall’s Catholic identity,” and work to “better integrate” these schools with the university. 

Seton Hall University’s Board of Regents unanimously endorsed all of the proactive measures.

[…]

No Picture
News Briefs

Hong Kong auxiliary bishop calls for ‘Friday fasting’ amid ongoing protests

September 4, 2019 CNA Daily News 3

Hong Kong, China, Sep 4, 2019 / 03:01 am (CNA).- As widespread protests continue in Hong Kong, a local bishop is urging people to pray and fast for peace, while speaking up against injustice and corruption.

The auxiliary bishop of Hong Kong, who has been a vocal supporter of the protests, told CNA that he hopes prayer will help transform the area into “a channel of God’s peace.”

“We’re urging fellow parishioners to join our ‘Friday fasting’ movement,” Bishop Joseph Ha Chi-shing told CNA on Aug. 30.

“It’s been a tradition for us to fast on Fridays. However, this tradition somehow was abolished. With fasting and prayers, we hope that we can help ourselves to strengthen our mind and soul to fight evil thoughts. Then, we would be in a better position to help fellow Hongkongers.”

Bishop Ha, who has taken part in ecumenical prayer rallies with protestors in the past, urged an increase in prayer and said he is concerned for the safety of the many young people involved in the protests.

“I do worry about the safety of the protestors, especially the young ones,” he said. “Youth is not just our future, they are also our present as Pope Francis said. Feeling sad, helpless and sometimes even furious is not unusual. However, we must prevent sadness developing into hopelessness, prevent anger turning into hatred.”

Large-scale demonstrations have rocked the territory of Hong Kong since early June, when an estimated 1 million marchers took to the streets, chanting and singing.

The protests began as a response to a controversial bill, put forth in February by the government of chief executive Carrie Lam, which would have allowed the Chinese government to extradite alleged criminals from Hong Kong to stand trial on the mainland.

Hong Kong has total freedom of worship and evangelization, while in mainland China, by contrast, there is a long history of persecution for Christians who run afoul of the government.

Protestors vehemently opposed the bill, sparking the first major protest on June 6.

Though Lam suspended the bill June 15 and even apologized, protestors feared that the proposal could be reintroduced. The next day, an estimated 2 million marchers were out on the streets.

Though the protests have been largely peaceful, participants on both sides have periodically resorted to violence. Police have used rubber bullets, tear gas and water cannon on protestors repeatedly. Thousands of high school and college students staged a strike on the first day of classes Sept. 2, with many wearing gas masks and helmets.

Protesters are demanding that Lam resign. Lam said this morning that she has no intention of stepping down. The New York Times reports that mainland China’s leaders will not allow her to resign even if she decides that she wants to do so, and Beijing officials have said that they strongly support her.

The protests have morphed to focus on actions by police that many have denounced as police brutality, including allegations of sexual assault by police officers.

Bishop Ha is among many Catholic clergy who have spoken out in support of the protestors. Ha stressed that “we’re Catholics and we’re part of our community. According to [the] Catechism of the Catholic Church and Social Teachings, we’re obliged to participate in improving our community and [speak] out when there’s injustice.”

“As Catholics, we have our daily prayers, holy Mass, holy communion and so on to nurture our conscience so that others would recognize we’re followers of Christ,” he told CNA. “I do not mean that we, Catholics, are better than the others. On [the] contrary, we’re all sinners and we have to pay special attention to our mind and soul.”

The apostolic administrator of Hong Kong, Cardinal John Tong, has asked the government to eliminate the extradition law completely, and for an independent inquiry into the excessive use of force by the Hong Kong police.

Cardinal Joseph Zen, bishop emeritus of Hong Kong and a sharp critic of the Sept. 2018 Vatican-China deal on the appointment of bishops, celebrated Mass on June 16 at the invitation of the Hong Kong Federation of Catholic Students in front of the government headquarters.

Edwin Chow, acting president of the Federation, told CNA in August that he would like to see Catholics and other Christians take on a larger role in ongoing protests against the government.

“For this movement, it’s a great chance for the Catholics and [Protestant] Christians to cooperate with each other,” Chow told CNA on Aug. 16.

“It’s a good chance for us to become united. Because I think for most of the Catholics and Christians, we have the same values, the same goal…so that’s why we cooperate, and I think after Christians and Catholics cooperate, or strengths, our power becomes stronger.”

While Chow said that Christians, among them Catholics, had a more major role when the protests began— leading the singing of hymns such as “Sing Hallelujah to the Lord” in the streets during the protests, for example— their role has since diminished.

“For the Catholic groups, for the Christian groups, we have the responsibility and we have the power to calm our friends down,” he said. “Because I think singing hymns, just in the beginning, it creates a peaceful atmosphere, and it has a power to keep everyone very calm. So I think we can use this when we do this again.”

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No Picture
News Briefs

Border bishops ‘filled with mourning’ over deaths of migrants

September 3, 2019 CNA Daily News 1

Matamoros, Mexico, Sep 4, 2019 / 12:09 am (CNA).- At the end of their recent semi-annual meeting, Catholic bishops from dioceses along the Texas-Mexico border lamented the challenges facing migrants and called on governments to welcome newcomers and help them adjust to life in a new country.

“We are filled with mourning that many people seeking a better future have lost their lives” in fleeing their homelands, the bishops said.

From 2015-2018, nearly 4,000 migrants had died or gone missing along the route through Mexico to the U.S., the Associated Press reported.

The bishops said they are also deeply saddened by the uncertainty and rejection facing those requesting asylum, as well as growing racism and discrimination toward foreigners.

“The drama of those who suffer deportation, who see their dreams, efforts, and sacrifices cut short and who return penniless and in debt to dangerous conditions pains us,” they said.

“We shall continue to advocate for the human rights of the poor and of migrants, in particular children and young people,” they continued, calling for immigrants to receive “the possibility of integral development, a decent and peaceful life” in their new homeland.

Bishop from along the Texas-Mexico border met Aug. 30-Sept. 1 in the Mexican diocese of Matamoros, across the U.S. border from Brownsville, Texas.

Attending the meeting from the United States were Bishop Daniel Flores of Brownsville, accompanied by Auxiliary Bishop Mario Avilés and Bishop Emeritus Raymundo Peña, Bishop Gustavo Garcia-Siller of San Antonio, Bishop Mark Seitz of El Paso, Bishop James Tamayo of Laredo, and Bishop Emeritus Michael Pfeifer of San Angelo.

Participating from Mexico were Bishop José Guadalupe Torres Campos of Ciudad Juárez, Bishop Hilario González García of Linares, Bishop Eugenio Lira Rugarcía of Matamoros, Bishop Jesús José Herrera Quiñonez of Nuevo Casas Grandes, Bishop Enrique Sánchez Martínez of Nuevo Laredo, Bishop Alonso Garza Treviño of Piedras Negras, and Bishop Raúl Vera López of Saltillo.

On Aug. 31, the bishops celebrated Mass next to the Rio Grande, which separates the United States and Mexico, and prayed for migrants, living and deceased.

Speaking with ACI Prensa, CNA’s Spanish language sister agency, Bishop Eugenio Lira of Matamoros stressed that the reality facing migrants is rapidly changing, “and this requires us to be attentive in order to respond appropriately.”

For example, he said, “in some border towns, the migrants are no longer going so much to the migrant houses [run by the Church], but are instead camping on the bridges so they don’t lose their place to have their asylum request processed. This has required us to adapt and go out to them, bringing food and clothing, providing them the support that we can.”

In addition, the Church continues to serve those who come to migrant houses and service centers, he said.

He also stressed that the bishops “will continue our dialogue with the authorities of our countries so that the life, dignity and fundamental rights of all people continue to be respected… and that situations forcing many people to migrate – such as poverty, inequality and violence – will be eliminated.”

The Mexican bishop emphasized that it is key to “continue above all our task of evangelization, which is the best way to create a culture that respects, promotes and defends the life, dignity and rights of all people, particularly migrants.”

Society must realize that they have been entrusted by God with the wellbeing of migrants, he said, “so that we can, as the pope says, welcome them, integrate them, protect them and help them along.”

Evangelization fosters this whole process, Bishop Lira said, “because it leads us to an awareness that we are all children of the same Father, and therefore brothers. We cannot see the other person as some thing, but someone.”

“The invitation that Jesus makes to us to ‘Do unto others as we would have others do unto us’ will always continue to be timely,” he said.

 

This article was originally published by our sister agency, ACI Prensa. It has been translated and adapted by CNA.

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The Dispatch

Pope Francis returns to Africa

September 3, 2019 Allen Ottaro 3

Pope Francis returns to Africa this week, on a three-nation apostolic visit that will take him to Mozambique, Madagascar, and Mauritius, beginning on Wednesday, September 4th and concluding the following Tuesday, the 10th. The visit […]