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Runaway slave-turned-priest moves closer to beatification

May 12, 2018 CNA Daily News 0

Chicago, Ill., May 12, 2018 / 03:23 pm (CNA/EWTN News).- The first African American priest in the U.S. could become the country’s first African American saint as his cause took another step forward this week.

A document summarizing the life, virtue, and alleged miracles of Servant of God Fr. Augustus Tolton, known as the positio, was unanimously approved as historically correct by a committee of six Vatican officials this week, clearing the way for the priest’s cause for canonization to continue moving forward.

Bishop Joseph N. Perry, auxiliary bishop of Chicago and diocesan postulator for the Tolton cause, called the approval a “very positive sign going forward” and noted its significance for the African American Catholic Community.

“Fr. Tolton lived during a particularly tumultuous time in American history especially for race relations,” Perry said in a statement.

“He was a pioneer of his era for inclusiveness drawing both blacks and whites to his parish in Quincy. However, due to his race, he suffered discrimination and condemnation. The beatification and canonization of Fr. Tolton will signal a significant milestone in the history of black Catholicism in the United States.”

Born in Missouri on April 1, 1854, John Augustine Tolton fled slavery with his mother and two siblings in 1862 by crossing the Mississippi River into Illinois.

“John, boy, you’re free. Never forget the goodness of the Lord,” Tolton’s mother told him after the crossing, according to the website of St. Elizabeth’s Church in Chicago.

The young Tolton entered St. Peter’s Catholic School with the help of the school’s pastor, Fr. Peter McGirr. Fr. McGirr would later baptize him and instruct him for his first Holy Communion. Tolton was serving as an altar boy by the next summer.

The priest asked Tolton if he would like to become a priest, saying it would take 12 years of hard study. The excited boy then said they should go to church and pray for his success.

After graduating from high school and Quincy College, he began his ecclesiastical studies in Rome, because no American seminary would accept him on account of his race.

On April 24, 1886 he was ordained in Rome by Cardinal Lucido Maria Parocchi, who was then the vicar general of Rome. Newspapers throughout the U.S. carried the story.

Fr. Tolton was ordained for the southern Illinois Diocese of Quincy. Upon his return in July 1886, he was greeted at the train station “like a conquering hero,” the website of St. Elizabeth’s Parish says.

“Thousands were there to greet him, led by Father McGirr. A brass band played church songs and Negro Spirituals. Thousands of blacks and whites lined the streets to catch a glimpse of the new priest wearing a black Prince Albert and a silk hat. People marched and cheered his flower-draped four-horse carriage. Children, priests and sisters left the school joining the procession heading towards the church.”

Hundreds waited at the local church where people of all races knelt at the communion rail.

Fr. Tolton served in Quincy before going to Chicago to start a parish for black Catholics. The new church was named for St. Monica and opened in 1893.

On July 9, 1897, Fr. Tolton collapsed during a hot day and died from sunstroke at the age of 43.

His cause for canonization was officially launched in 2010, and he was given the title “Servant of God” by the Vatican in February 2011. The research phase of his cause concluded on September 29, 2014.

The next step in his cause for canonization will be in February 2019, when a theological commission with the Congregation for Causes of Saints will further investigate his life and virtue, and consider granting him the title of “Venerable,” which must receive papal approval.

After that step, Tolton’s cause would move forward toward beatification, for which a miracle through his intercession must be approved.  

More information about Fr. Tolton can be found on the website for his cause: www.toltoncanonization.org

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No monkey business: Chimps don’t have human rights, philosophers say

May 11, 2018 CNA Daily News 0

Denver, Colo., May 11, 2018 / 11:00 am (CNA/EWTN News).- After a New York judge said that courts must seriously consider whether animals deserve some legal protections afforded to people, Catholic philosophers say that human beings are unique, and that, when it comes to law and ethics, that matters.

“Chimps are amazing living beings… and it could be a big mistake to just think of the chimps as things or instruments,” said Dr. John Crosby, a philosophy professor at Franciscan University of Steubenville in Ohio.

“Undeniably, there is something there mysterious [about them]. There is something of worth, but there is not a person. And therefore, because they are not a person, there are no real rights the chimp has,” he told CNA.
 
Nonhuman Rights Project has sought to release two New York-based chimpanzees, Tommy and Kiko, from the cages of private owners, and into a wild animal sanctuary. Steven Wise is the lawyer in charge of the animals’ defense.

In March 2017, Wise filed for habeas corpus relief, citing the similarities between mankind and primates. The filing alleged that chimps’ captivity constituted a kind of unlawful imprisonment.

On May 8, New York’s highest court rejected an appeal from Wise aimed at freeing the chimpanzees. The Court of Appeals voted 5-0 in favor of an intermediate appellate court in Manhattan that denied the chimps’ legal status in June 2017. The appellate court ruled that chimps are not legal persons.

“The asserted cognitive and linguistic capabilities of chimpanzees do not translate to a chimpanzee’s capacity or ability, like humans, to bear legal duties, or to be held legally accountable for their actions,” wrote Justice Troy Webber last year, according to the Chicago Tribune.

Judge Eugene Fahey, who voted against the chimps’ rights to habeas relief on Tuesday, argued that while a chimp might not be considered a person, animals might have the right to legal redress.

“While it may be arguable that a chimpanzee is not a ‘person,’ there is no doubt that it is not merely a thing,” he said in an opinion statement. “In elevating our species, we should not lower the status of other highly intelligent species.”

“The Appellate Division’s conclusion that a chimpanzee cannot be considered a ‘person’ and is not entitled to habeas relief is in fact based on nothing more than the premise that a chimpanzee is not a member of the human species,” Fahey wrote.

There are a lot of similarities between chimps and people, Fahey said, drawing attention to chimps’ advanced cognitive skills, ability to self-recognize, and a high percentage of shared DNA with humans, at least 96 percent.

He asked whether some animals should have the right to readdress wrongs committed against them. Animals are not morally culpable or legally responsible, he said, but neither are infants and some ill people, and therefore they might enjoy similar legal rights.

“Even if it is correct, however, that nonhuman animals cannot bear duties, the same is true of human infants or comatose human adults, yet no one would suppose that it is improper to seek a writ of habeas corpus on behalf of one’s infant child.”

Dr. Crosby agreed that animals should not be treated poorly, and he lamented over the mistreatment of animals by farms and luxury product testing. However, he disagreed with the judge’s argument about babies and comatose adults, noting chimpanzees permanently lack moral culpability.

Babies grow into morally responsible adults and comatose patients may potentially get better, he said. Even if the patient does not get better, he added, people “are the kind of being that in the normal instance has moral agency and something is blocking exercise of it.”

Animals do not have moral agency or free will, he said, while highlighting a few major differences between chimpanzees and people.

“A person is a being that possesses himself and is capable of originating action, where he freely determines himself,” said Crosby. “It’s very difficult to claim that any chimp, however amazingly skilled, is a free agent.”

Cautioning against conferring upon them the status of persons, Crosby said people should instead remember their moral obligations towards animals.  

“These animals merit a certain reverence. We ought to think of ourselves not just as users of them, but somehow custodians of them,” he said. “There are right and wrong ways of acting towards chimps and other animals, but they are not the subject of rights since they are not persons.”

Father Brian Chrzastek, a philosophy professor at the Dominican House of Studies, also reflected on the difference between chimps and people. He said that humans have a higher potential for abstract thought and originality. While animals act by instinct, he said people engage rationally with the world.

“Humans are different in kind. It’s not like we are just smart chimpanzees or something. We’re an entirely different level of thought, an entirely different kind of species,” he told CNA.

 

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New US immigration policy violates ‘sanctity of the family,’ critic says

May 11, 2018 CNA Daily News 3

Washington D.C., May 11, 2018 / 03:03 am (CNA/EWTN News).- The Trump administration’s new “zero tolerance” policy for illegal entry into the U.S. is inhumane and will split up families seeking safety, a Catholic analyst of migration policy warned.

“If implemented this will lead to a drastic increase in forcible family separation at the border,” Ashley Feasley, director of policy for Migration and Refugee Services at the U.S. Conference of Catholic Bishops, told CNA May 10.

“Most importantly it is inhumane and goes against our Catholic values and the sanctity of the family,” she said.

The policy change means prosecution of people who illegally cross the southwest border and the separation of many children from their parents.

Feasley stressed that entering the border with one’s child is not automatically an instance of child smuggling.

“Many of these families are willingly turning themselves over to Border Patrol. They are not hiding. They are asking for protection, they are vulnerable and looking for safety,” she said.

“[The policy change] will also erode judicial efficiency, taking away resources to prosecute the most dangerous, in favor of prosecuting every parent,” she said. The new policy could cost up to $620 per night to detain a family of one parent and two children.

U.S. Attorney General Jeff Sessions addressed law enforcement officials in Arizona and California in two May 7 speeches.

“If you cross this border unlawfully, then we will prosecute you. It’s that simple,” Sessions said, according to National Public Radio. “If you smuggle illegal aliens across our border, then we will prosecute you. If you are smuggling a child, then we will prosecute you and that child will be separated from you as required by law. If you don’t like that, then don’t smuggle children over our border.”

Border agents detained close to 40,000 unauthorized immigrants on the Mexico border each in March and April alone. They include 5,000 to 10,000 families and underage minors traveling alone.

The Department of Justice will send 35 more prosecutors and 18 more immigration judges to handle the caseload, Sessions has said.

The attorney general said there is now “zero tolerance” for illegal border crossings. The goal is for “100 percent” of all people who cross the border illegally to face charges of “improper entry by an alien,” which can result in up to six months in prison. Alleged violators will be referred to federal prosecutors through the Department of Homeland Security.

Thousands more migrants could be held in detention facilities or children’s shelters. Families with juveniles will be separated and the minors will be sent to separate facilities.

Under previous practice, people caught illegally crossing the border were returned to Mexico after a guilty plea and a brief detention. The violation is a misdemeanor under federal law.

Sessions said the Department of Justice would take up as many referrals from DHS “as humanly possible.”

However, Feasley warned that there are many dangers of family separation. It is “extremely traumatic” for children to experience, especially after a lengthy, stressful trip to the U.S. Very young children have been separated and left with strangers, many of whom do not speak their language.

“Then these children are put into shelter facilities which are confined spaces. The experience is doubly traumatizing,” Feasley continued. “The American Academy of Pediatrics has cautioned against the long lasting emotional trauma and harm that separation can cause children.”

Some migrants have tried to challenge their treatment under U.S. authorities.

One Honduran woman, Olga George, was charged with illegal entry and separated from the four young children accompanying her. She has retained lawyers who charge that the Justice Department is discriminating against her for being a Central American.

A Congolese woman who sought asylum was detained and separated from her young daughter for months until DNA testing during court proceedings confirmed their identities.

If immigrants detained at the border have valid asylum claims, they could still receive federal criminal convictions on their record regardless if they are judged to have a right to stay in the U.S., CNN reports. However, there are no special arrangements under the current plan for those who claim asylum when they are detained.

Department of Homeland Security secretary Kirstjen Nielsen officially enacted a “zero-tolerance” policy on Friday May 3.

Nelsen has said that families are separated only for the children’s safety or when family relationships can’t be proven. Under federal law and court decisions, children must be released from detention quickly. Previously, this meant entire families were released rather than separated.

DHS has already referred over 30,000 illegal entry cases to the Department of Justice, an increase of 61 percent over Fiscal Year 2017.

Feasley said the new policy will not address “the pervasive root causes of migration.” Migrants are fleeing state- or community-sanctioned violence, poverty, lack of educational opportunity, forced recruitment into gangs, and domestic abuse, among other grave problems that compel children and families “to take the enormous risks of migration.”

“These are the factors that must be addressed as we look to repair our broken immigration system,” she said.

Feasley also had particular recommendations for Catholics.

“Catholics should try to remember the human dignity of all families and children who arrive and look to assist these families in productive ways that help them comply with our immigration laws–ensuring that they know their rights and responsibilities in this country,” she said. She suggested helping migrants get legal counsel, accompanying them to legal proceedings, and “welcoming and praying with and for these families in our parishes.”

“As Pope Francis says, they are not a problem or a burden but an opportunity for encounter,” she told CNA.

[…]

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Outreach or outrage: Catholics react to Met Gala fashion

May 9, 2018 CNA Daily News 1

New York City, N.Y., May 9, 2018 / 05:07 pm (CNA).- The papal pomp and Catholic circumstance on display at this year’s Met Gala in New York (aka the ‘Oscars of the East Coast’) was met with a combination of confusion and optimism from Catholic thinkers and writers.

The theme for this year’s annual gala, “Heavenly Bodies: Fashion and the Catholic Imagination”, inspired equally creative and controversial attire, including the bedazzled, skin-bearing papal ensemble worn by Rihanna, a pregnant Cardi B dressed up as Mary Queen of Heaven, and a Sistine chapel-inspired dress worn by Ariana Grande, among many other outfits emblazoned with crosses and icons and other Catholic-inspired paraphernalia.

The event kicked off the Met exhibit with the same theme, which features Church garments borrowed from the Vatican, religious art from the Met collection, and 150 designer fashion pieces that were intended to pay homage to Catholicism.

Considered by some to be a perverse and often baffling event, many Catholic writers seemed reluctant to dub the gala as either completely sacreligious or as a stroke of New-Evangelization genius – most fell somewhere in the middle.

Ross Douthat, a Catholic columnist at the New York Times, called the gala a “beautiful and blasphemous spectacle” and noted that “When a living faith gets treated like a museum piece, it’s hard for its adherents to know whether to treat the moment as an opportunity for outreach or for outrage.”

While he lamented the lack of faith behind the fascination with Catholicism, Douthat did wonder whether there was a lesson for the present-day Church contained in the secular world’s enamoration with the trimmings and trappings of an older Catholic aesthetic – one that he said has largely taken a back seat in the Church since the Second Vatican Council.

“The path forward for the Catholic Church in the modern world is extraordinarily uncertain,” Douthat wrote. “But there is no plausible path that does not involve more of what was displayed and appropriated and blasphemed against in New York City Monday night, more of what once made Catholicism both great and weird, and could yet make it both again.”

Also lamenting the lack of real faith behind the display was Matthew Schmitz of First Things, who said that people should pay attention to the real Catholic imagination and the meaning behind it, and not the overly sentimental and shallow aesthetic Catholicism that was on display at the gala.

“The same faith that gave rise to these beautiful baubles proposed views on sexuality and social order that are contrary to the spirit of the age. It is foolish to suppose that either the Church’s teaching or its relics are mere artefacts that now have lost their power,” he said.

“These beautiful copes, stoles, clasps, and rings still move men—still have the power Leo XIII acknowledged in Testem Benevolentiae when he advised priests in America to spread the faith ‘by the pomp and splendor of ceremonies’ as well as ‘by setting forth that sound form of doctrine.’ In the Met’s carnival atmosphere, their splendor seems all the more radiant.”

Some writers noted that the gala also revealed a double standard of what is acceptable to culturally appropriated, following an uproar last week over a Utah teen who wore a Chinese dress to her high school prom even though she was not Chinese herself.

Daniella Greenbaum, writing for Business Insider, said that while she finds the whole concept of cultural appropriation “deeply misguided,” she did think that the Met revealed a double standard over what qualifies as offensive, given the outrage over the Chinese dress and the lack thereof over the Catholic costumes at the gala.

“It highlights the unfairness. Social-justice warriors inevitably create distinctions — they have appointed themselves the arbiters of which cultures deserve protecting. And in the meantime, it seems, they’ve left Catholics out to dry,” she wrote.

However, others saw the cultural appropriation as a neutral or even positive part of the event, creating opportunities for further conversation.

Madeleine Kearns, writing for The Spectator, a UK publication, said that Catholics ‘can cope’ with cultural appropriation, and that being offended by it is a “counter-productive, ideological dead-end; a festival of victim culture. As far as I’m concerned, if people want to dress up as the Pope, or drape rosary beads over their car mirrors — why ever not? It starts a conversation about a culture I’m proud of.”

Eloise Blondiau, writing for America magazine, said that “If nothing else, the theme of this year’s exhibition and gala shows a willingness to engage with religion that is healthy and promising in a climate where polarization is rife.”

While the event was organized in cooperation with the Vatican, Cardinal Timothy Dolan of New York was one of a few prelates in attendance, joking later that he ordered in “street meat” – hot dogs from to a pushcart – to the posh event after finding the refreshments insufficient, and joking that Rihanna borrowed her miter from him.  

The cardinal, who some criticized for attending the event, said in a press conference for the opening of the exhibition that he came because the ‘Catholic imagination’ honors “the true, the good, the beautiful.”

In the ‘Catholic imagination,’ the True, the Good, and the Beautiful have a name: Jesus Christ, who revealed Himself as ‘the Way, the Truth, and the Life,’” he said. “In the ‘Catholic imagination,’ the truth, goodness, and beauty of God is reflected all over… even in fashion.  The world is shot through with His glory,” he said, adding a thanks to the organizers of the event, as well as to the Vatican “for its historic cooperation.”  

Dolan later told SiriusXM’s The Catholic Channel that as a self-proclaimed “JCPenney’s Big and Tall man” his personal interest in the event was not for the fashion, but for the chance to engage with people about the Catholic faith.

“There were some aspects that looked like kind of a masquerade party, a Halloween party,” he said. “I didn’t really see anything sacrilegious, I may have seen some things in poor taste, but I didn’t detect anybody out to offend the church.”

However, “A number of people came up and spoke about their Catholic upbringing and things they remembered and it was a powerful evening.”

The exhibition itself will run May 10 – Oct. 8, 2018 and is hosted at the Anna Wintour Costume Center, the medieval rooms at the Met on Fifth Avenue, and the Met Cloisters in uptown New York City. It is the Met Costume Institute’s largest show to date.

Church garments and liturgical vestments, many of which are still in use, will be displayed separately from the fashion exhibit, out of respect. The items in the separate exhibit come from the Sistine Chapel sacristy’s Office for the Liturgical Celebrations of the Supreme Pontiff and range in age from the mid-1700s to the pontificate of Saint John Paul II.

 

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Sistine Chapel Choir’s Met performance a real ‘wow moment’

May 9, 2018 CNA Daily News 1

New York City, N.Y., May 9, 2018 / 03:08 pm (CNA/EWTN News).- A surprise performance by the Sistine Chapel Choir at the Met Gala this week left attendees in awe and helped convey the joy and beauty of the Church, said one of the organizers of the performance.

The choir’s performance had not been announced in advance, coming as a surprise to those present at the May 7 Met Gala, which takes place annually on the first Monday of May and serves as a fundraiser for the Metropolitan Museum of Art in New York.

This year the Met exhibition, which opens May 10 and runs through October 2018, carries the theme “Heavenly Bodies: Fashion and the Catholic Imagination,” and features around 40 items on loan from the Vatican.

The items, many of which come from the Sistine Chapel Sacristy’s Office for Liturgical Celebrations of the Supreme Pontiff, range in time period from the mid-1700s up to the pontificate of Saint John Paul II.

Given the special nature of the Vatican items, they will be set up in a separate display from the other pieces, which include religious art from the Met collection itself and around 150 designer fashion pieces intended to pay homage to Catholicism and which draw inspiration from Catholic iconography, liturgy and other aspects of the faith tradition.

John Hale, one of the leading organizers of the choir’s surprise performance at the gala, told CNA that the evening “was really a wow-moment.”

Hale sits on the board of directors for the Vatican’s Patrons of the Arts, which consists of different chapters, most of which are in the United States, who fund restoration projects for the priceless treasures housed in the Vatican Museums.

At one point after the performance, Hale said Anna Wintour, Met board member and editor-in-chief of the fashion magazine Vogue, told him guests were unusually silent, commenting that “this is the quietest I’ve ever seen for this gala.”

Wintour, Hale said, told him attendees “were absolutely enthralled” by the performance. That sentiment, he added, “summed it up beautifully.”

“I spoke with a number of the attendees and mixed with them right after the performance and it was perfect silence, there was very good applause and reaction…so many folks were just really moved.”

Commonly referred to as “the pope’s choir,” the Sistine Chapel Choir consists of 20 professional singers from around the world, as well as a treble section composed of 35 boys aged 9-13, called the Pueri Cantores.

With a 1,500-year history, the Sistine Chapel Choir is believed to be the oldest active choir in the world.

According to Hale, who is also president and co-owner of Corporate Travel Service, the invitation to sing at the Met Gala came during the choir’s U.S. mini-tour in September 2017, during which the choir sold out performances in Washington D.C., New York and Detroit.

The choir’s director, Maestro Massimo Palombella, had approached Hale several years ago about creating a tour in the U.S. The September mini-version was essentially a test run, Hale said, and given the choir’s success during their fall tour, a longer nationwide tour is being organized for this summer.

Hale said he was initially hesitant when he was asked to help organize a performance at the gala, and had concerns over sensitivity to the Catholic faith. However, when the Vatican green-lighted the choir’s visit, he jumped on board and kept the performance under wraps for nearly a year up until the moment the choir filed in and began singing.

And having worked with the Met to get all the details in order, “I can really say they were not only respectful, they really wanted to communicate the beauty and faith of the Church,” he said. “I really had that sense, and it was very sincere. I was very moved by how sincere they were.”

The exhibit itself was “beautifully done,” and serves as “a real opportunity to express the Church’s teaching through beauty, through truth,” Hale said. “The same with the performance of the Sistine Chapel Choir.”

While there was some “outlandish fashion” that hit the red carpet at the gala, the vast majority of the 600 some attendees were “dressed beautifully and very appropriately,” he said.

“That might not be picked up traditionally because the media wants the outliers,” he said, explaining that while it is important to be sensitive to how the Church is portrayed, the Church also has to “go out.”

“We have to communicate beauty, and we have been invited, as a Church, to communicate what is our expression of beauty and our making manifest God’s presence through beauty,” he said, adding that in his opinion, “it would have been a crime not to respond to that invitation.”

Ultimately, what gets communicated through the beauty of things like fashion and music is God’s love, Hale said. “Everyone wants to be loved and we all need to be loved by God.”

Referring to a recent pastoral letter written by Detroit Archbishop Allen Vigneron titled “Unleash the Gospel,” which spoke of the need to find “shallow entry points” for evangelization, Hale said the Met exhibit and gala “was an entry point into encountering God through the true beauty and good.”

Choir members themselves felt both appreciated and respected by gala attendees, he said, noting that a number of the singers told him they could see people in the front row, and it was obvious they were captivated.

“Several choir members commented on the smiles, the joy, they could see genuine joy,” he said. “There was an exchange and a communication of joy that was palpable and apparent to the choir members and to the attendees.”

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Why some parishes are offering IDs to undocumented Texans

May 8, 2018 CNA Daily News 5

Dallas, Texas, May 8, 2018 / 05:09 pm (CNA/EWTN News).- For undocumented immigrants in Texas, something as simple as a routine traffic stop could mean arrest and deportation.

Since an anti-sanctuary law was enacted this spring, Texas law enforcement officers are permitted to inquire about the immigration status of anyone they have detained, even during routine interactions, and must comply with federal guidelines to hold undocumented criminal suspects for possible deportation.

Despite promises that the law would not lead to racial profiling and unnecessary arrests, its passage has left many immigrants feeling uneasy in their communities.

Father Michael Forge, a Catholic priest in Farmers Branch, Texas, told Dallas News that since the anti-sanctuary law was passed, several of his undocumented parishioners have told him that they felt unsafe to going to church or taking their kids to school.

That’s why Forge and several other local Catholic churches have begun issuing Church identification cards. Unlike state-issued identification, they do have any legal significance, but they can provide officers with a name and address, assuaging for some card holders the fear of arrest during otherwise routine interactions.  

Auxiliary Bishop Greg Kelly of Dallas, who helped launch the initiative with the group Dallas Area Interfaith, said that the identifications give immigrants a sense of safety, community and belonging.

“It was just a way of giving them status within the church,” Kelly told CNA. “It was a way of saying you belong to us, you’re a part of our parish family.”

Applicants for the church ID cards are typically asked to provide some other form of identification, such as an expired driver’s license or passport from their country of origin, or an affidavit certifying their identity.  

Some parishes ask that immigrants show that they are active parish members for several months before applying, though that is not a requirement everywhere.

“You don’t have to be Catholic for that matter,” Forge told Dallas News. “We certainly want our immigrants, legal or otherwise, to have some sort of peace.”

Kelly said the cards have been a way to offer some solidarity with and peace of mind to fellow Christians.

“They’re our brothers and sisters but oftentimes they live in the shadows, they’re subject to injustices, wage theft, people may hire them and not pay them,” he said.

Police in the cities of Dallas, Carrollton and Farmers Branch have been told that they are allowed to accept the church cards as a form of identification. The church IDs include a person’s name, address and home parish. They can also be used to enroll in citizenship or language classes.

“So far people have said there’s a sense of relief and joy that they have something that says that they belong to this parish,” Kelly added.

“They recognize that it’s not an official government ID, they know that, it’s just a way of saying: ‘we are acknowledged here.’”

 

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NM Supreme Court reconsiders textbook funding for private schools

May 8, 2018 CNA Daily News 0

Santa Fe, N.M., May 8, 2018 / 04:54 pm (CNA/EWTN News).- A 2017 U.S. Supreme Court decision has given new life to New Mexico backers of state funding for private school textbooks, as their case returns to the state Supreme Court.

“Ending the textbook lending program will disproportionately hurt low-income and minority children, at a time when they need access to a quality education more than ever,” Eric Baxter, vice president and senior counsel at Becket, said May 7. “We should be investing in kids’ futures, not crippling their ability to gain a quality education.”

The Becket law group, working on behalf of the New Mexico Association of Nonpublic Schools, has challenged a court decision that ended non-public school students’ participation in an 80-year-old textbook lending program for state-approved textbooks and other educational material.

“A science textbook is a science textbook no matter whose shelf it’s on,” Baxter said, arguing that siding with the school would “stop discriminating” and “give all kids equal access to the best educational opportunities.”

In 2011, two parents challenged the program on the grounds the state constitution bars education funds from being used “for the support of any sectarian, denominational or private school, college or university,” language known as a Blaine Amendment. A 2015 New Mexico Supreme Court decision, Moses v. Ruszkowski, sided with the parents and ended nonpublic school students’ participation.

Becket has challenged the ruling’s reliance on the Blaine Amendment. The law group claimed the 19th century law was “originally designed to disadvantage New Mexico’s native Catholic citizens” and “was all about anti-Catholic animus.”

Such amendments have been used “to keep religious organizations from participating in neutral, generally applicable government programs on the same terms as everyone else,” the legal group charged. It cited efforts in Oklahoma to use a Blaine Amendment to block the use of scholarships for learning-disabled children attending religious schools.

Frank Susman, a Santa Fe attorney who represents the parents, said their case was backed by the Blaine Amendment and at least two other constitutional amendments which he said bar appropriations for private entities, whether schools or students.

“They all absolutely ban this type of aid,” Susman said in court May 7, the Santa Fe New Mexican reports.

The U.S. Supreme Court has returned the 2015 decision to the New Mexico Supreme Court to reconsider in light of its own 2017 ruling in Trinity Lutheran v. Comer. That 7-2 decision sided with a Christian preschool which had been denied a Missouri state grant for an effort to improve playground safety because it was associated with a church.

The United States’ highest court ruled that it was wrong to deny a church a public benefit that was otherwise available only because of its religious status.

New Mexico’s Public Education Department is also challenging the state court’s ruling, though the department has not provided funding for private school textbooks since the decision. The ruling relates to over $1 million in federal funds the state receives each year through the U.S. Mineral Leasing Act.

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