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US bishops speak up on school choice as Supreme Court hears case

January 22, 2020 CNA Daily News 1

Washington D.C., Jan 22, 2020 / 04:05 pm (CNA).- States should not deny tax credit programs to families who choose religious private schools, said members of the U.S. Conference of Catholic Bishops as the Supreme Court hears oral arguments in a case addressing the issue of school choice.

“The case before the Supreme Court today concerns whether the Constitution offers states a license to discriminate against religion,” said Bishop George Murry of Youngstown, chairman of the U.S. bishops’ Committee for Religious Liberty, and Bishop Michael Barber of Oakland, head of the Committee on Catholic Education.

“Our country’s tradition of non-establishment of religion does not mean that governments can deny otherwise available benefits on the basis of religious status,” they said in a Jan. 22 statement.

“Indeed, religious persons and organizations should, like everyone else, be allowed to participate in government programs that are open to all. This is an issue of justice for people of all faith communities.”

The U.S. Conference of Catholic Bishops (USCCB) filed an amicus brief in support of the plaintiffs in Espinoza v. Montana Department of Revenue. Kendra Espinoza, a mother of two daughters attending a Christian school in Kalispell, Montana, is the lead plaintiff in the case.

An 1889 amendment to the Montana state constitution, known as a Blaine Amendment, prohibits both direct and indirect state aid to religious institutions. The amendment was passed a second time when the state constitution was revised and rewritten in 1972.

The Montana Supreme Court originally decided the case 5-2 during late 2018.

That ruling found that the state’s tax credit program, which began in 2015 and provided for a dollar-for-dollar tax credit for a person’s donation to nonprofit student scholarship organizations, was allowing the Montana legislature to “indirectly pay tuition at private, religiously-affiliated schools” in violation of state law.

The Supreme Court granted cert to the case June 28, 2019.

Montana is just one of 38 states with similar “no-aid” provisions in its constitution, NPR reports.

So-called Blaine Amendments have their roots in anti-Catholic sentiment of the late 19th century, according to historians and religious liberty advocates.

In the years following the Civil War, there was widespread suspicion and even open hostility toward Catholics in the U.S., especially toward immigrant Catholic populations from Europe.

Public schools at the time were largely Protestant, with no single Christian denomination in charge, and many Catholics attended parochial schools which were seen as “sectarian” by prominent public figures, historian John T. McGreevy explained in his book “Catholicism and American Freedom.”

Public figures, he notes, including one current and one future U.S. president at the time, pushed against taxpayer funding of Catholic schools and even advocated for an increase in the taxation of Catholic Church property in the U.S.

President Ulysses S. Grant pushed for a 1875 federal amendment by Sen. James Blaine of Maine that prohibited taxpayer funding of “sectarian” schools – the original “Blaine Amendment.” It failed in the Senate, but the federal amendment took form at the state level and many states eventually passed versions of the bill barring state funding of Catholic schools.

In the Supreme Court’s 2000 decision Mitchell v. Helms, a four-justice plurality insisted that the Blaine Amendment’s motive to deny public funding of “sectarian” institutions was bigoted, particularly against Catholics. The court ruled that a religious school could receive a federal grant under certain conditions.

In 2017, the Supreme Court unanimously ruled in Trinity Lutheran Church of Columbia, Inc. v. Comer that a church property couldn’t be barred from a state renovation program simply on account of its religious affiliation.

“This case [Espinoza] is not only about constitutional law. It is about whether our nation will continue to tolerate this strain of anti-Catholic bigotry,” the bishops continued.

“Blaine Amendments…were never meant to ensure government neutrality towards religion, but were expressions of hostility toward the Catholic Church. We hope that the Supreme Court will take this opportunity to bring an end to this shameful legacy.”

The Second Vatican Council’s 1965 declaration on Christian education, Gravissimum educationis, said that parents “must enjoy true liberty in their choice of schools.”

“Consequently, the public power, which has the obligation to protect and defend the rights of citizens, must see to it, in its concern for distributive justice, that public subsidies are paid out in such a way that parents are truly free to choose according to their conscience the schools they want for their children,” the document states.

President Donald Trump on Jan. 16 issued new rules for nine federal agencies. The rules seek to ensure that federal government social service programs are administered in line with the First Amendment and the Religious Freedom Restoration Act, so that religious groups are not barred simply on account of their religious status.

The National Catholic Educational Association, which includes more than 150,000 educators serving 1.9 million Catholic school students across the U.S., is supportive of a proposed plan to create a federal tax credit-based scholarship program that could provide a boost for parents who want to send their children to Catholic school. The proposed scheme, which the U.S. Department of Education calls Education Freedom Scholarships, would be funded through taxpayers’ voluntary contributions to state-identified Scholarship Granting Organizations.

Should the proposal become law, donors will receive a federal tax credit equal to their contribution.

 

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Archbishop Chaput asks Pakistani PM to follow through on religious liberty

January 22, 2020 CNA Daily News 1

Philadelphia, Pa., Jan 22, 2020 / 04:01 pm (CNA).- On behalf of Philadelphia’s Pakistani Catholic community, Archbishop Charles Chaput encouraged the Pakistani prime minister Tuesday to shape a culture of religious freedom in the country.

“I urge you to make every effort to secure the full rights of Pakistan’s citizens of every religion. And please understand that I will be pressing this issue vigorously in the American public square on behalf of Philadelphia and other Pakistani Catholics,” the Archbishop of Philadelphia wrote Jan. 21 to Imran Khan, prime minister of Pakistan.

The letter, published in First Things, highlighted the Pakistani Catholic community in the Philadelphia area, whom Archbishop Chaput said “are grateful for their Pakistani heritage” and “whose Catholic faith was nourished in Pakistan.” He added, however, that “the hardships now faced by Christians in Pakistan profoundly concern them.”

The archbishop encouraged Khan to “work urgently to assure true religious liberty for all citizens of Pakistan, especially for members of minority faiths.”

Pakistan’s state religion is Islam, and around 97 percent of the population is Muslim.

The country was designated, for the first time, a “Country of Particular Concern” in December 2018 for its religious freedom record by the US Department of State. The designation had been recommended by the US Commission for International Religious Freedom in 2017 and 2018.

Archbishop Chaput noted that despite this designation, Sam Brownback, US ambassador at large for religious freedom, had in February 2019 “indicated that your nation shows a sincere ‘desire to change’ for the better on this issue. I thank you for your willingness to pursue that positive change.”

“I believe in the honest intentions of many in the Pakistani government to assure full religious freedom for their nation. But Pakistan still does not fully protect the religious liberty of all of its citizens,” the archbishop pointed out.

He cited reports that religious minorities in Pakistan face “chronic hostility, harassment, and persecution,” and that the government “seems to do little to ensure their personal safety and their
full participation in public life.”

This situation, he said, is both unjust and it “aggravates misunderstandings and resentments of Islam among American Christians and other concerned U.S. citizens.”

Archbishop Chaput noted in particular the abuse of Pakistan’s blasphemy laws; economic inopportunity for religious minorities; and attacks on minority houses of worship.

Pakistan’s blasphemy laws impose strict punishment on those who desecrate the Quran or who defame or insult Muhammad. Although the government has never executed a person under the blasphemy laws, accusations alone have inspired mob and vigilante violence.

The laws, introduced in the 1980s, are reportedly used to settle scores or to persecute religious minorities; while non-Muslims constitute only 3 percent of the Pakistani population, 14 percent of blasphemy cases have been levied against them.

Many of those accused of blasphemy are murdered, and advocates of changing the law are also targeted by violence.

Citing such problems, the archbishop said that “a reform of Pakistan’s blasphemy laws, and its investigation and prosecution procedures, is thus urgently needed.”

Turning to economic problems, he said that the government has long “promised to provide quotas for public and education sector jobs for Christians and other religious minorities … but such promises have not been fulfilled, and members of religious minorities in Pakistan still face job and opportunity discrimination.”

In 2013 the then-governing party, the Pakistan Muslim League (N), promised a quota for jobs in the educational institutes and the public sector for members of religious minorities. The Pakistan Peoples Party discussed an Equality Commission to monitor job quotas in Sindh.

Both parties are now in the opposition in the national parliament, and the proposed safeguards have not been put into action.

Finally, Archbishop Chaput said, “police too often fail to protect non-Muslim sacred spaces,” which have been frequently attacked.

“Little effort is made to prosecute and bring to justice the perpetrators of this religious hatred,” the archbishop stated.

“I do believe in the good will of many citizens of Pakistan and many members of your government,” Archbishop Chaput told Khan.

“I also know that Pakistan faces many economic and social challenges, and you have the difficult task of managing them. I respect the demands of your office, and I gladly pray for both justice and success in your public service.”

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Revision of Criminal Code could legalize abortion throughout Mexico

January 22, 2020 CNA Daily News 1

Mexico City, Mexico, Jan 22, 2020 / 01:31 pm (CNA).- Pro-life advocates in Mexico are speaking out against a leaked draft copy of Mexico’s revised National Criminal Code, which would legalize abortion throughout the country at all stages of pregnancy.

The draft copy, which was leaked to the press in recent days, is expected to be presented to Mexico’s federal congress in the coming weeks. The new criminal code is one of 14 reforms announced recently by President Andrés Manuel López Obrador.

The document omits the entire section of the current code that criminalizes abortion and establishes the penalties for the practitioner and pregnant woman involved.

The current Federal Criminal Code imposes penalties ranging from one to three years in prison for anyone performing an abortion, although the penalty can be to eight years in prison “if physical or moral violence is involved.” A doctor or midwife who performs an abortion can also lose their medical license from two to five years.

A mother who consents to an abortion, or voluntarily induces an abortion, incurs a maximum penalty of one year in prison, except in cases of rape or when the mother’s life is at risk.

Rodrigo Iván Cortés, president of the National Front for the Family, explained that the creation of the National Criminal Code would eliminate all local criminal codes throughout the country.

As a result, abortion would be eliminated as a category of crime, “which would make this procedure non-punishable throughout the republic and at all stages,” Cortés told ACI Prensa, CNA’s Spanish language partner agency.

“This is extremely worrisome. This would go against more than 20 state constitutions in the republic. And this would be an atrocious attack on human life, the fundamental right to exist,” he warned.

López Obrador, who took office in December 2018, did not campaign on the issues of abortion and gender ideology. However, members of his National Regeneration Movement (Morena) political party who were appointed to key positions in his administration have been swift to make moves in that direction.

The Archdiocese of Xalapa in the state of Veracruz called the draft code “murderous.”

Fr. José Manuel Suazo Reyes, communications director for the archdiocese, warned that “now with the stroke of a pen they seek to do an end run around the sovereignty of the states in the republic in order to impose the culture of death.”

“The National Criminal Code seeks to legalize the murder of innocent and defenseless human beings in all the states of the republic,” he said in a Jan. 19 statement on the archdiocese website. “It seeks to impose an anti-life policy throughout the entire Mexican territory, bypassing the sovereignty of the states and trampling the local constitutions that have protected human life from conception.”

In November 2009, the Veracruz state legislature enshrined the right to life from conception to natural death in the state constitution, although state law still permits abortion in the cases of rape, risk to the life of the mother and congenital deformities.

In July 2018, a federal judge ordered the state legislature to amend its criminal code to allow abortion. The state appealed the decision, which is now pending in the Supreme Court.

Fr. Suazo stressed that “in the Catholic Church we will always be promoters and defenders of respect for human life.”

“[T]hat’s part of our doctrine, the defense of every human life, this is our conviction…” he said. “For all of this, we reject this murderous proposal that would legalize abortion throughout Mexican territory.”
 

 

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