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New Mexico bishop takes charge in fighting sex abuse, healing wounds

June 29, 2017 CNA Daily News 0

Gallup, N.M., Jun 29, 2017 / 02:06 pm (CNA/EWTN News).- The Diocese of Gallup, New Mexico added three names earlier this year to its list of workers against whom there are credible allegations of sexual abuse of a minor, as part of the diocesan commitment to transparency and youth protection.

The local Church is also holding healing services in many of its parishes across New Mexico and Arizona, in which Bishop James Wall listens to and prays with any who wish to do so, as they seek healing from sexual abuse.

The three new names on the list of credibly accused are Brother Mark Schornack, OFM, who served at parishes in the Gallup diocese between 1952 and 1984, and who is now deceased; Fr. Ephraim Beltramea, OFM, who served at St. Francis parish in Gallup from 1970 to 1973; and Fr. Diego Mazon, OFM, who served in parishes of the diocese between 1977 and 2003.

Emails sent by CNA to representatives of the Our Lady of Guadalupe Province of the Order of Friars Minor inquiring about Fr. Beltramea and Fr. Mazon were not acknowledged.

Bishop Wall spoke to CNA recently about the Diocese of Gallup’s efforts at child protection, the need to find healing, and the central role that transparency plays in the life of the Church.

“We use transparency so much as a buzzword,” he reflected. “I think transparency’s important because all things must be brought into the light; things shouldn’t remain in the darkness.”

“In the past I think we’ve learned from some our mistakes, and some of that had to do with shielding those who committed abuses, or sometimes maybe turning a blind eye, or allowing people to remain in ministry – and I don’t think that’s a good practice, because that doesn’t really protect young people, vulnerable adults. It doesn’t allow for them to have a safe place to encounter the living Christ.”

Transparency means “showing our policies, our procedures, what we’re doing,” he said, so that “everything is brought into the light, so there’s nothing that’s hidden.”

April’s inclusion of three new names brings the list of those who have worked in the Gallup diocese who have been deemed by the diocese to have credible accusations of sexual abuse of a minor against them to a total of 34.

Most of them (21) were diocesan priests. Another 11 were priests or brothers of religious communities, including the Order of Friars Minor, the Claretians, the Missionaries of the Precious Blood, and the Crosier Fathers. There was also one seminarian and one lay CCD teacher.

Some two-thirds of the credibly accused (22) are deceased.

Bishop Wall explained that when the diocese receives an allegation of sex abuse of a minor, it undertakes an investigation, or has an outside investigator look into it. The investigator brings its findings to a review board, which makes recommendations to the diocese.

“Through that process, if we discover that the allegation is credible, then we will post that name on the diocesan website, as well as let the parishes where this person has served know.”

He added that the investigation is done because “we always have to make sure that we’re protecting everyone’s rights involved in this, being sensitive to everyone: the person bringing the accusation forward, as well as the accused,” noting that “the legal system is innocent until proven guilty.”

If the credibly accused person is a cleric, “immediately their faculties are withdrawn and they’re informed that they are not to function or present themselves as a cleric in the Church.”

The bishop added that their case can be sent to the Congregation for the Doctrine of the Faith, where they can be assessed various penalties, such as dismissal from the clerical state.

When the credibly accused person is a member of a religious community, “the expectation is that (their community) take the lead,” Bishop Wall explained, though the diocese does work closely with the religious community throughout the process.

The Gallup diocese’s list of credibly accused was first made in December 2014, and its recent update reflects the fact that “sometimes we don’t have enough information on a particular case; we might not have enough information to investigate it, and then deem it credible.”

“If at a later date more information does come to us, so that we are able to investigate it, and then we are able to deem it credible, then we immediately put it on our list of credibly accused,” the bishop said. “So it all has to deal with the information that we have.”

The diocese’s list reflects any local Church workers who have been credibly accused of sexual abuse of a minor, whether while they were in ministry in Gallup or in another diocese. It also shows when and where they ministered within the diocese, whether or not the alleged abuse was carried out at those times and places.

Those who have been credibly accused were in ministry between the 1930s and the 2010s. There was a sharp rise of those in ministry in the 1950s, with a peak in the 1960s. Many of the credibly accused were also in ministry in the 1970s and ’80s. The numbers fell in the 1990s and 2000s.

There was a sole case since Bishop Wall was named Bishop of Gallup in 2009: Fr. Timothy Conlon, a member of the Crosier Fathers. He served in two Arizona parishes from 2011 to 2013 before the diocese was informed by his religious community of an allegation of sexual abuse against him.

The bishop said the Church is now “really in the forefront of making sure that we provide a safe environment for our young people, and vulnerable adults as well,” with its screening of potential ministers leadings its efforts.

He cited the use of psychological screening and testing, and the fact that “our interview process is much, much more extensive than it was” in past times. Moreover, the Gallup diocese trains its volunteers, employees, students and clerics in child safety, and has a mandatory background check.

“We try to put in as many safety procedures as possible,” he said.

Reflecting on the spike of credibly accused clerics in the 1950s and ’60s, Bishop Wall said that while there were a number of contributing factors, he believes that chief among them was the sexual revolution and “the groundwork [which] was already being laid prior to that.”

“But then again, these were bad people who did bad things to people; and these people should never have been placed in the positions to violate the trust, to violate these young people.”

In response to the crisis of sexual abuse, the Diocese of Gallup has also held healing services in parishes across its territory, in which Bishop Wall listens to and prays with survivors of sexual abuse, regardless of who their abuser was.

“It provides an opportunity not only to come together to pray, to pray for healing, but also gives an opportunity for anyone, and I stress that – anyone – who is a survivor of sexual abuse to meet with me,” the bishop explained.

“So we could have someone who is a survivor of sexual abuse by a worker of the Church, or someone who’s a survivor of sexual abuse not by a worker of the Church, it could be family or friends, whatever the case might be … that’s what the Church is about, it’s what our ministry is about: offering the healing of Christ, so we provide that opportunity as well.”

Communities across the diocese have responded differently to the healing services, which began in November 2016.

In some places, Bishop Wall said, there is “a pretty good sized group that comes, and people who will want to meet with me individually afterwards; some people will bring family members in with them, they feel a little more comfortable, and some people just come to pray – you don’t have to be a survivor of sexual abuse to come and pray.”

Healing services are scheduled at different communities in the diocese through March 2018.

While acknowledging that “it is difficult,” Bishop Wall also affirmed that “I think it’s necessary, and it’s a good thing, to allow people to come and sit and talk, and kind of, really unload their burden. Especially for someone who was abused by a worker of the Church, I think it’s important for the bishop, who’s the shepherd of the diocese, to sit with the person, to talk with the person, pray with them, apologize. I think that’s one of the most important things were able to do in this.”

“These healing services, difficult though they are, provide a great opportunity for survivors of sexual abuse, whether at the hands of workers of the Church or someone else … to come before the Lord and find healing in the Lord,” the bishop concluded.

Survivors of sexual abuse are also afforded an opportunity “to pray, too, and also I think to realize they’re not alone, because I think many times if someone is a survivor of sexual abuse, sometimes they feel like they’re alone. And I think coming together with others, and the Church welcoming and inviting them to come together, it lets them feel that they’re not alone, they’re not isolated, there are people that are there for them, the Church is there for them.”
 

 

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News Briefs

Father Solanus Casey beatification set for November

June 28, 2017 CNA Daily News 2

Detroit, Mich., Jun 28, 2017 / 11:40 am (CNA/EWTN News).- Venerable Solanus Casey, an American-born Capuchin priest who died in 1957 known for his ability as a spiritual counselor, will be beatified at a Nov. 18 Mass in Detroit, the local archdiocese announced Tuesday.

“We are filled with joy at receiving the final date of the beatification of Father Solanus,” Father Michael Sullivan, OFM Cap. and Provincial Minister of the Capuchin Franciscan Province of St. Joseph, said June 27. “It is a beautiful way to celebrate the 60th anniversary of his passing.”

Venerable Casey was known for his great faith, attention to the sick, and ability as a spiritual counselor.

The beatification Mass will be said at Ford Field in Detroit, which can accommodate as many as 60,000.

Venerable Casey will be the second American-born male to be beatified.

Born Bernard Casey on Nov. 25, 1870, he was the sixth child of 16 born to Irish immigrants in Wisconsin. At age 17 he left home to work at various jobs, including as a lumberjack, a hospital orderly, and a prison guard.

Reevaluating his life after witnessing a drunken sailor brutally stab a woman to death, he decided to act on a call he felt to enter the priesthood. Because of his lack of formal education, however, he struggled in the minor seminary, and was eventually encouraged to become a priest through a religious order rather than through the diocese.

So in 1898 he joined the Capuchin Franciscans in Detroit and after struggling through his studies, in 1904 was ordained a “sacerdos simplex” – a priest who can say Mass, but not publicly preach or hear confessions.

He was very close to the sick and was highly sought-after throughout his life, in part because of the many physical healings attributed to his blessings and intercession. He was also a co-founder of Detroit’s Capuchin Soup Kitchen in 1929.

For 21 years he was porter at St. Bonaventure Monastery in Detroit.

He is also known for his fondness for playing the violin and singing, although he had a bad singing voice because of a childhood illness which damaged his vocal chords.

Even in his 70s, Fr. Solanus Casey remained very active, and would even join the younger religious men in a game of tennis or volleyball. He died from erysipelas, a skin disease, on July 31, 1957, at the age of 87.

A miracle attributed to Venerable Casey’s intercession was recognized by Pope Francis at a May 4 meeting with Cardinal Angelo Amato, prefect of the Congregation for the Causes of Saints.

“I’m grateful to hear from the Capuchin friars that the date of the beatification has been finalized,” Archbishop Allen Vigneron of Detroit stated.

“The beatification of Father Solanus will be a tremendous blessing for the whole community of southeast Michigan, an opportunity for all of us to experience the love of Jesus Christ.”

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News Briefs

Senate health care bill ‘unacceptable,’ bishop says after budget office report

June 28, 2017 CNA Daily News 2

Washington D.C., Jun 28, 2017 / 06:36 am (CNA/EWTN News).- The Senate’s health care bill remains “unacceptable,” one U.S. bishop insisted after a non-partisan government office estimated it would result in millions more uninsured.

“This moment cannot pass without comment,” said Bishop Frank Dewane, chair of the U.S. bishops’ domestic justice and human development committee, in response to the scoring of the draft Senate health care bill by the Congressional Budget Office on Monday.  

“As the USCCB has consistently said, the loss of affordable access for millions of people is simply unacceptable,” he said of the office’s estimate that the number of uninsured could increase by 22 million by 2026. “These are real families who need and deserve health care.”  

The Congressional Budget Office released its scoring of the Senate health care bill on Monday, H.R. 1628, the Better Care Reconciliation Act of 2017.

The bill eliminates the individual and employer mandates of the Affordable Care Act, replacing the individual mandate with a six-month waiting period for new insurance in non-group plans if one goes without insurance for more than 63 days.

Also, the bill makes it easier for states to waive essential health benefits, or the list of benefits like emergency services and maternity care that was mandatory in health plans under the Affordable Care Act. The elderly can be charged up to five times more than younger persons in their premiums by insurers, as opposed to the limit being three times more than younger people.

The bill could reduce the federal deficit by over $320 billion over 10 years, according to the CBO, largely because of cuts to the rate of increased spending on Medicaid over that time (almost $800 billion in cuts) and cuts in the amount of federal subsidies for health plans.

The Medicaid cuts would take place through “per capita” caps on federal Medicaid funding of states. Thus, the funding in the future would be dependent upon the populations of the states.

An estimated 22 million more people would also be uninsured by 2026, increasing the projected number of uninsured from 28 million to 49 million.

Some of those uninsured would be persons who voluntarily forego having health insurance because of the removal of the individual mandate, which levies heavy fines on those without health insurance.

Instead, the new bill would fine persons with a gap in coverage once they sign up for insurance again, at a rate of 30 percent of their new premium.

In the short-term, this would be the “primary” reason behind the increase in the number of uninsured, the CBO said. However, after several years, other policies could increase the number of uninsured, like the cuts to Medicaid spending and federal subsidies.

For instance, for persons under the age of 65 by the year 2026, Medicaid enrollment would be down 16 percent, the office estimated.

The White House panned the CBO estimates in a statement released on Monday evening.

“The CBO has consistently proven it cannot accurately predict how healthcare legislation will impact insurance coverage,” the White House stated. “In 2013, the CBO estimated that 24 million people would have coverage under Obamacare by 2016.  It was off by an astounding 13 million people – more than half – as less than 11 million were actually covered.”

“To date, we have seen average individual market premiums more than double and insurers across the country opting out of healthcare exchanges,” the White House continued, urging action to be taken to reform health care.

Bishop Dewane, meanwhile, promised to pray for the Senate “to keep the good aspects of current health care proposals, to add missing elements where needed, and to not place our sisters and brothers who struggle every day into so great a peril on so basic a right.”

Last week, the bishop had outlined his serious concerns with the draft legislation. The bill, he said, in some ways made the problems with the House health care bill on health coverage for low-income persons worse.

“It is precisely the detrimental impact on the poor and vulnerable that makes the Senate draft unacceptable as written,” he said on Thursday. The cuts to Medicaid funding in particular would “wreak havoc on low-income families and struggling communities, and must not be supported,” he insisted.

Bishop Dewane also noted the lack of language protecting “conscience rights” of those in the health care industry from mandates that they perform morally objectionable procedures like abortions or gender-transition surgeries.

He did praise the language protecting tax credits from being used to pay for abortions, but showed caution in warning that the language could very well be removed by the chamber’s parliamentarian because it could be ruled as not pertaining to the budget.

Other parts of the health care bill that the CBO scored included changes to premiums for persons in non-group plans.  

The average premiums for these plans would increase in the short-term, the CBO estimated, but by 2020 would drop to 30 percent lower than the premium estimates under the current health care law.

However, some could still see their health care costs rise because their benefits might be cut and their out-of-pocket health costs could be higher, especially those living in states which choose to waive the essential health benefits.

The marketplaces for non-group health insurance would still be stable in the coming years, the CBO estimated, but in certain areas for “a small fraction of the population,” insurers might not participate in non-group coverage.

This would be because fewer people would sign up for health plans due to fewer available subsidies, or even if the insurers participate in marketplaces, the plans themselves might be more expensive.

When asked on Monday if the White House would take CBO scores into account to the extent that they would go “back to the drawing board” on the bill if necessary, press secretary Sean Spicer answered that the White House would continue its current plan on health care reform.

“We feel very confident with where the bill is,” he stated. “And he [President Donald Trump] is going to continue to listen to senators who have ideas about how to strengthen it. But it’s going to follow the same plan as we have.”

 

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News Briefs

Detroit event combines biking, sacred architecture

June 27, 2017 CNA Daily News 0

Detroit, Mich., Jun 27, 2017 / 10:08 pm (CNA/EWTN News).- Nearly 250 pilgrims made their way through downtown Detroit visiting different churches on Sunday.

What made this a spectacle? They were all riding along on two wheels.

“I love these architectural gems that were gifts to us from prior generations of the faithful. I love biking, I love bringing people together, I love celebrating our heritage as Detroiters,” said event organizer Danielle Center. “So here we are, the marriage of all these things.”

Center told the Detroit Free Press that she expected about 20 people to show up to the event, named “Holy Rollin’.” She had wanted to put on such a gathering for years, but feared that people would be reluctant to bike downtown Detroit, which has been undergoing a process of depopulation for years.

However, her fears turned out to be groundless: though she had expected 20 bikers to show up, more than ten times as many brought their wheels to downtown.

“To have so many people here is pretty special,” Annie Schunior told the Detroit Free Press.

Bikers stopped at four churches after departing from Center’s workplace, Ste. Anne – St. Aloysius, Sts. Peter and Paul, Old St. Mary, and St. Joseph Oratory. At each, bikers got a taste of the art and history of each building.

“In the Catholic church there is a lot of beautiful art but there are not a lot of opportunities for people to tour and see it,” said Schunior.

Fr. Loren Connell gave the group a tour at St. Aloysius, saying he welcomed the chance to let such a group into the church building.

“It’s about hospitality,” he told the Detroit Free Press. “We open our doors to street people and visitors and everyone in between.”

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News Briefs

‘Texting suicide’ case could impact assisted suicide legislation

June 27, 2017 CNA Daily News 2

Boston, Mass., Jun 27, 2017 / 03:25 am (CNA/EWTN News).- A case about whether a troubled teenager convinced her depressed boyfriend to commit suicide through her words and text messages may have possible implications for physician-assisted suicide cases.

On June 16, a Massachusetts judge ruled that Michelle Carter was found guilty of involuntary manslaughter, for words and texts exchanged with her depressed boyfriend Conrad Roy III as he attempted to commit suicide two years ago. Both Carter and Roy were teenagers at the time.

The ruling of manslaughter was decided based on Carter’s words to Roy, mostly in a phone call, urging him to re-enter a truck she knew to be full of carbon dioxide, where he was attempting his suicide. Carter had also sent Roy numerous texts encouraging his suicide and later texted a friend about her phone call with Roy.

In Massachusetts, an involuntary manslaughter charge can be brought when an individual causes the death of another person by engaging in behavior that is considered reckless enough to cause harm.

While some states have laws that criminalize the encouragement of suicide, Massachusetts does not, complicating Carter’s case.

Legal experts wonder whether the case could set new legal precedents when it comes to legalizing assisted suicide.

Daniel Medwed, professor of law and criminal justice at Northeastern University school of law, told USA Today that the case may set a precedent of criminalizing those who sympathize with someone who expresses a desire for assisted suicide.

“Don’t forget, there’s a still a big societal debate going on about assisted suicide,” he said. “This sort of verdict would imply that anyone being sympathetic to a loved one could be at fault.”

Matthew Segal, a lawyer with the American Civil Liberties Union of Massachusetts, said the verdict “is saying that what she did is killing him, that her words literally killed him, that the murder weapon here was her words.”

Anti-assisted suicide groups believe that the case is significant because of the weight it places on outside pressures on already vulnerable people to take their lives, though it remains unclear if the case will set any legal precedent regarding the issue in reality.  

Tim Rosales, a spokesperson for Patient’s Rights Action Fund, told CNA that when it comes to assisted suicide, there are often outside pressures that can influence the person’s decision to end their life.

“Whether it’s the denial of a certain type of treatment, or there is the insinuation by a physician or a family member or someone close to them about the potential of assisted suicide versus (continued care), all of those go into someone’s mindset and decision making,” he said.  

These outside pressures can be particularly strong “when they’re in a vulnerable state, and mental illness as well as physical illness can be one of those things that puts people in a vulnerable state,” Rosales said.  

“I think we have to be exceedingly cautious and that’s one of the big reasons why you have a lot of opposition to something like assisted suicide, because at its very core it is fraught with the possibility for abuse or dangers,” he said.

“I think in (the Carter case) certainly the dynamics surrounding it kind of give us an indication of how vulnerable people can be at times and how influential those close to us are during those vulnerable times.”

John B. Kelly, New England Regional Director of the disability advocacy and anti-assisted suicide group Not Dead Yet, told CNA that he does not believe the Carter case will affect future assisted suicide legislation because the decision drew heavily from a 2002 case, Commonweath v. Levesque.

In the case of Commonwealth v. Levesque, homeless couple Thomas S. Levesque and Julie Ann Barnes were found responsible for the death of six firefighters who ran into a factory building as it burned. Levesque and Barnes had been living in the factory, escaped the fire and failed to report it.

In the Carter case, Judge Lawrence Moniz drew from the case directly in his verdict, saying that “where one’s actions create a life-threatening risk to another, there is a duty to take reasonable steps to alleviate the risk. The reckless failure to fulfill this duty can result in a charge of manslaughter.”

“I don’t think that it adds any legal precedent to deciding what are words and what’s coercion (in assisted suicide cases),” Kelly told CNA.

“But I think we can say that words matter, and that this ruling underlines the commonsense notion that we make choices in a context, and that those contexts can be influenced by other people,” he said.

“Assisted suicide proponents argue that an individual makes that choice freely without any impact, but we know that it’s hard to choose…when you’re seen as a burden by those around you and your doctor thinks you would be better off dead, those are influences that would be very difficult for vulnerable people to resist.”

 

 

 

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The bishops have spoken up on two very different issues – and now the Supreme Court will, too

June 26, 2017 CNA Daily News 1

Washington D.C., Jun 26, 2017 / 12:38 pm (CNA/EWTN News).- As the Supreme Court wrapped up its latest term on Monday, it agreed to consider a major religious freedom case, as well as the case of President Donald Trump’s travel ban, this fall.

Both topics have drawn concern from the U.S. bishops, who have urged respect for freedom of conscience and religion in the face of legalized gay marriage, while criticizing the travel ban for abandoning vulnerable refugees in need.  

The court agreed to hear two cases next term which could prove to have major impacts – the constitutionality of President Donald Trump’s travel ban, and the case of Masterpiece Cake Shop v. Colorado Civil Rights Commission, which involves the rights of a baker to refuse out of conscience to provide a wedding cake for a same-sex wedding.

The latter case was relisted 14 times by the Supreme Court, which finally took it up on Monday, SCOTUSBlog.com reported.

“The issue in this case is a free speech case; whether or not the state of Colorado can coerce a person to write a message through culinary arts that violates his conscience,” said Michael Farris, president and CEO of Alliance Defending Freedom, which represents the baker Jack Phillips in the case.

Phillips, who owns Masterpiece Cakeshop in Lakewood, Colo. and has run the shop for over 23 years, explained on Monday how he operates his business in accordance with his religious beliefs.

The shop is “not just a bakery, but a place where I can use my artistic vision and talents to create cakes that communicate just the right message for my clients,” he said. “I gladly welcome and serve everyone that comes into my shop.”

His store is closed on Sundays and he refuses to craft cakes with messages that run contrary to his values, such as anti-American, atheist, or racist messages. He added that “my sincerely-held religious belief that marriage is a sacred relationship between a man and a woman.”

“In 2012, I was stunned when I became the target of a lawsuit relying on sexual orientation gender identity law that offers no exemptions for people of faith,” he said.

After he had declined to make a wedding cake for the same-sex wedding of Charlie Craig and David Mullins, the Colorado Civil Rights Commission said he had violated the state’s anti-discrimination law. The couple was able to obtain a rainbow-themed cake at another shop in the vicinity of Masterpiece.

Phillips said he was barred by the commission from serving any weddings and ended up losing 40 percent of his business, “a crushing loss.” He was also ordered by the commission to enter anti-discrimination re-education, and submit quarterly reports on updating the policies of the business.

Furthermore, Phillips said he began receiving “vile and hateful calls at the shop, including one death threat that was so bad, that I hid my daughter and granddaughter in the back until the police arrived.”

On Monday, after the Supreme Court agreed to take Phillips’ case, lawyers for ADF hoped that the Court would ultimately uphold his free speech rights.

“We’re hopeful that the Court will affirm the basic principle that the government cannot punish artists like Jack for refusing to create art that violates his religious convictions,” said senior counsel Kristin Waggoner.

In an unsigned opinion, the Supreme Court also ruled on Monday that a travel ban on visitors from six majority-Muslim countries may go into partial effect, as the ban awaits a hearing and full consideration by the high court in October.

The court blocked full implementation of the executive order originally released by President Donald Trump in January, saying that the ban “may not be enforced against foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States.”  

Thus, family members, students and employees from the six designated countries who wish to visit, live or work in the United States will be able to do so. Those who lack such ties to the U.S. will be banned under the executive order.

The order in question bars persons from six majority-Muslim countries – Iran, Libya, Somalia, Sudan, Syria and Yemen – from entering the United States for 90 days, and also requires that refugees wait 120 days before entering the country. The executive order also lowers the number of refugees accepted by the United States in FY 2017 to 50,000 – down from the 110,000 person limit and the 85,000 refugees accepted in actuality during FY 2016.

Initially released January 27, the executive order was then revised on March 6 after judicial challenge. The modified version removed Iraq from the list of countries subject to the ban, and also walked back provisions that would have prioritized refugee admissions for persecuted religious minorities.

The bans were challenged by courts in Maryland and Hawaii, who blocked them from taking effect. Those rulings were later upheld by federal appeals courts in Virginia and California, respectively, on grounds that they violated the Establishment Clause of the U.S. Constitution. The federal government appealed those rulings to the Supreme Court, asking that the stay be lifted and the ban go into effect until arguments are heard before the Supreme Court later this year.

The Supreme Court’s decision only removes part of the stay on the administration’s executive order, allowing the travel and refugee bans to continue against those with no existing ties to the United States. Many of the plaintiffs in the original cases brought in Hawaii and Maryland had family members, schools or employers based in the U.S.

The executive order has come under harsh criticism by the U.S. Bishops and Catholic refugee experts. Bishop Joe Vasquez of Austin, chair of the U.S. bishops’ committee on migration, stated that the bishops were “deeply troubled by the human consequences of the revised executive order on refugee admissions and the travel ban,” after the ban’s March revision. “The revised Order still leaves many innocent lives at risk,” he said.

“The U.S. Catholic Bishops have long recognized the importance of ensuring public safety and would welcome reasonable and necessary steps to accomplish that goal,” the bishop said.

“However, based on the knowledge that refugees are already subjected to the most vigorous vetting process of anyone who enters the United States, there is no merit to pausing the refugee resettlement program while considering further improvement to that vetting process.”

Bill O’Keefe, vice president for advocacy and government relations at Catholic Relief Services, echoed many of Bishop Vasquez’s sentiments, urging in a March 6 statement that “now is not the time for the world’s leader in refugee resettlement to back down.”

The U.S. Catholic Bishops Conference runs one of the nation’s largest refugee resettlement agencies, helping to resettle more than a quarter of all of the refugees admitted to the United States annually.

 

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Supreme Court rules in favor of church in crucial First Amendment case

June 26, 2017 CNA Daily News 1

Washington D.C., Jun 26, 2017 / 11:32 am (CNA/EWTN News).- In one of the biggest religious cases of the term, the US Supreme Court on Monday ruled that a church-owned playground can be eligible for a public benefit program.

Chief Justice John Roberts, delivering the opinion of the Court, wrote June 26 that “the exclusion of Trinity Lutheran,” the church at the center of the case, “from a public benefit for which it is otherwise qualified, solely because it is a church, is odious to our Constitution all the same, and cannot stand.”

The decision in Trinity Lutheran Church of Columbia, Inc. v. Comer was about “religious people being treated just like everybody else,” stated Mike Farris, president of Alliance Defending Freedom.

At issue was a playground owned by Trinity Lutheran Church in Columbia, Mo., and operated by the church’s preschool. To resurface the playground for safety reasons, the church had applied for a state reimbursement program that provides rubber surfacing material made from used tires. Trinity Lutheran had ranked the fifth most qualified out of 44 applicants for the program.

The state’s natural resources department ultimately ruled the church ineligible for the program because of its religious status. The Missouri state constitution forbids taxpayer funding of churches. The Eighth U.S. Circuit Court of Appeals sided with the state.

The Supreme Court reversed that ruling and sent it back to the lower courts.

Justices Anthony Kennedy, Samuel Alito, and Elena Kagan joined Chief Justice Roberts’ opinion of the Court that the denial of the church’s eligibility for the program violated the free exercise clause. Justice Stephen Breyer filed an opinion concurring in Chief Justice Roberts’ judgement.

Justices Clarence Thomas and Neil Gorsuch joined the Court’s opinion except for a footnote stating that the decision was about “discrimination based on religious identity with respect to playground resurfacing,” and does not “address religious uses of funding or other forms of discrimination.”

“I worry that some might mistakenly read” the footnote to apply only to “‘playground resurfacing’ cases, or only those with some association with children’s safety or health, or perhaps some other social good we find sufficiently worthy,” Gorsuch wrote.

He added that “the general principles here do not permit discrimination against religious exercise—whether on the playground or anywhere else.”

Justices Sonia Sotomayor and Ruth Bader Ginsburg dissented from the Court’s opinion.

The Church had argued that the new surface would be a safety upgrade for the playground operated by its preschool and used by members of the community during non-school hours.

It was used by both church members and non-members, they insisted, and should not be ruled ineligible for a state benefit program available to other entities just because it is owned by a religious institution.

Opposing the church was the ACLU, which had argued that to make the church eligible for state benefits would be an unconstitutional violation of the establishment clause.

Missouri’s denial of the church, however, “goes too far” under precedents of Supreme Court decisions, Chief Justice Roberts wrote, and “violates the Free Exercise Clause.”

The Missouri law was passed during a time when many other states were passing laws barring public funding of sectarian schools, widely viewed at the time to mean Catholic schools and other religious schools that were not part of the public school system. The laws were modeled after the federal Blaine Amendment, proposed in the 1870s and named after Maine Congressman James Blaine. His amendment was proposed, but never passed by Congress.

In oral arguments in the case, justices also discussed the broader constitutionality of religious groups having access to other public benefits, including a Jewish synagogue requesting a security detail.

Catholic leaders applauded Monday’s ruling.

“The Supreme Court is signaling in this decision that the government must stop its growing hostility towards religion and religious institutions, and that antiquated and anti-Catholic Blaine Amendments should not be used as a weapon to discriminate against people of faith,” Maureen Ferguson, senior policy advisor with The Catholic Association, stated.

“For over a century, Blaine Amendments have enshrined into law discrimination against faith-based charities and schools that form an essential part of American society,” Ashley McGuire, senior fellow with The Catholic Association, stated. “In this case, a state Blaine Amendment was used to justify blacklisting a Christian elementary school from a playground safety program solely on religious grounds.”

“Blaine Amendments are anti-Catholic in their origin, and getting rid of them is more than a century overdue,” she added. “Today’s decision demands a more fair and inclusive approach to government programs meant to serve all people.”

The decision “will have an effect” in the future, David Cortman, senior counsel with Alliance Defending Freedom, who argued the case for the church before the Court in April, said. “Whenever religious people, organizations, see themselves being discriminated against, this case will be the controlling precedent,” he added.

Members of Congress also weighed in on the decision. House Speaker Paul Ryan (R-Wisc.) called it “an important ruling for religious liberty with profound significance for America’s civil society.”

Sen. James Lankford (R-Okla.), co-chair of the Congressional Prayer Caucus and who filed an amicus brief with colleagues on behalf of Trinity Lutheran in the case, stated that “today’s decision affirms the First Amendment right to the free exercise of religion—to have more than just a belief but to live out your faith without discrimination from the government.”

The case was ultimately between the church and the state’s natural resources department. Missouri’s attorney general recused himself in the case.

Missouri’s governor Eric Greitens (R) had already announced that in the future, religious institutions could be eligible for benefit programs of the natural resources department. However, the Court stated on Monday that “that announcement does not moot this case.”

Justice Sonia Sotomayor, in her dissent, stated that “this case is about nothing less” than the relationship “between church and state.”

“The Court today profoundly changes that relationship by holding, for the first time, that the Constitution requires the government to provide public funds directly to a church,” she added. “Its decision slights both our precedents and our history, and its reasoning weakens this country’s longstanding commitment to a separation of church and state beneficial to both.”

In the majority opinion, Chief Justice Roberts acknowledged that “it is true the Department has not criminalized the way Trinity Lutheran worships or told the Church that it cannot subscribe to a certain view of the Gospel.”

“But, as the Department itself acknowledges, the Free Exercise Clause protects against ‘indirect coercion or penalties on the free exercise of religion, not just outright prohibitions.’” And a church being denied participation in public benefits because of its religious character can be such an “indirect coercion” on the free exercise of religion, he continued.

“In this case, there is no dispute that Trinity Lutheran is put to the choice between being a church and receiving a government benefit. The rule is simple: No churches need apply.”

[…]

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News Briefs

US Senate healthcare bill ‘unacceptable as written’, bishops warn

June 23, 2017 CNA Daily News 3

Washington D.C., Jun 23, 2017 / 11:10 am (CNA/EWTN News).- The U.S. bishops’ conference has warned that the proposed Senate health care bill will put serious burdens on poor families and is “unacceptable as written.”

After the draft of a Senate health care bill was finally released on Thursday, Bishop Frank Dewane of Venice, chair of the U.S. bishops’ domestic justice and human development committee, stated that “this proposal retains many of the fundamental defects of the House of Representatives-passed health care legislation, and even further compounds them.”

He had previously explained, in a March letter to members of Congress, how the House bill was problematic for vulnerable populations such as the poor, the seriously ill, and the elderly.

After the Senate draft, known as the Better Care Reconciliation Act, was released June 22, he reiterated that “it is precisely the detrimental impact on the poor and vulnerable that makes the Senate draft unacceptable as written.”

After the House narrowly voted May 2 to pass its own version of a health care reform bill, the US bishops wrote to Senators urging them to reject the “grave deficiencies” of the American Health Care Act.

The bishops had asked the Senate to reject major changes to Medicaid, to retain protections for human life, to increase tax assistance for those with low-income and the elderly, to retain a cap on health care plan costs for the elderly, to protect immigrants, and to add health care protections.

Senate Republicans released the draft version of their bill after weeks of anticipation and controversy that the draft was being worked on behind closed doors. The bill would repeal much of the Affordable Care Act.

A major sticking point for pro-life groups and the U.S. bishops was Hyde Amendment-language protecting taxpayer subsidies from being used to pay for abortions.

However, pro-life leaders are concerned – or are even certain – that the pro-life language will be removed by the Senate Parliamentarian before the bill reaches the Senate floor.

This could happen because the language might be determined to be not pertaining to the rules of budget reconciliation. Since the bill may be passed through the budget reconciliation process – thus requiring a simple majority vote, rather than the normal 60 votes needed to bring it to the floor for a vote – its measures would need to be ruled as pertaining to the budget.

Senate Republicans can also afford no more than two members of their party voting against the bill, as no Democrats are expected to support it. Several moderate Republicans in the chamber have voiced concern about the bill, and four conservatives have said the draft does not go far enough in repealing the Affordable Care Act.

The draft also strips Planned Parenthood of taxpayer funding and redirects that funding to community health centers which do not provide abortions.

Jeanne Mancini, president of March for Life, approved of the Planned Parenthood language but added that “the reality is that necessary pro-life protections in this bill will be stripped by the Senate Parliamentarian, as we have now publicly heard from two Senators.”

The Washington Examiner reported Wednesday that Sens. Susan Collins (R-Maine) and Thom Tillis (R-N.C.) both admitted that the Senate Parliamentarian would not approve of the pro-life language being used in a bill passed by reconciliation.

“If this happens, one of the most egregious aspects of Obamacare – tax credits for plans covering abortion – will continue under this Administration and Congress,” Mancini continued.

Pro-life groups have insisted that the Affordable Care Act ushered in a massive expansion of abortion funding through tax credits paying for abortions and federally-subsidized plans offering abortion coverage, without sufficient guarantees that the subsidies were not being used themselves to pay for the abortion coverage.

While President Obama issued an executive order forbidding taxpayer dollars from funding abortions under the health care law, many – including then-president of the U.S. bishops, the late Cardinal Francis George of Chicago – insisted that would not offer sufficient guarantee against taxpayer dollars funding abortions.

A 2014 GAO report found that in five states, all the taxpayer-subsidized plans offered on the health exchanges covered abortions, thus leaving no choices for those who wanted a health plan on the exchanges which did not include abortion coverage.

Furthermore, the report found that 15 insurance issuers and one state exchange were not billing abortion coverage separately from other coverage in federally-subsidized plans, thus leaving open the possibility that federal dollars were going to fund abortion coverage.

“The expectations of the pro-life movement have been very clear: The health care bill must not indefinitely subsidize abortion and must re-direct abortion giant Planned Parenthood’s taxpayer funding to community health centers,” Susan B. Anthony List president Marjorie Dannenfelser and Family Research Council president Tony Perkins said in a joint statement released Friday.

“The Senate discussion draft includes these pro-life priorities, but we remain very concerned that either of these priorities could be removed from the bill for procedural or political reasons,” they added.

“We are working closely with our pro-life allies in the Senate to prevent this from happening as it could result in our opposition.”

Bishop Dewane echoed those concerns that the pro-life language could be stripped from the bill. He insisted as well that “full Hyde protections are essential and must be included in the final bill.”

Moreover, there are other serious problems with the Senate draft legislation that carry over from the House bill, he maintained.

Changes to Medicaid could cut vital coverage for low-income families; conscience protections for everyone in the health care system are lacking; and access for immigrants to health care would not be furthered, he said, which the bishops pointed out as one of the problems in the Affordable Care Act when it was passed in 2010.

The “per-capita cap” on Medicaid dollars to states would limit Medicaid funding based on the populations of the states themselves, “and then connects yearly increases to formulas that would provide even less to those in need than the House bill,” the bishop stated.

“These changes will wreak havoc on low-income families and struggling communities, and must not be supported,” he stated.

While efforts to assist people “living at an above the poverty line” are laudable, he continued, the proposed bill “stands to cause disturbing damage to the human beings served by the social safety net.”

The bill would phase out the expansion of Medicaid more gradually than did the House’s version, but the program would see larger cuts in the long run under the Senate’s plan.

Bread for the World, a social welfare organization of Christians that advocates for the ending of hunger the US and abroad, was also critical of the Senate bill’s changes to Medicaid, saying it will increase hunger and poverty domestically.

“Rolling back the Medicaid expansion at a slower rate still means that millions of vulnerable Americans will lose their health care coverage,” said David Beckmann, Bread for the World’s president. “Without health insurance, people must often choose between putting food on the table and receiving the medical care they need.”

He charged that “any senator who supports this bill will be voting to take away health insurance from the elderly, people with disabilities, and children.”

Bishop Dewane also said the bill “fails, as well, to put in place conscience protections for all those involved in the health care system, protections which are needed more than ever in our country’s health policy,” he stated.

For instance, the bill could set up conscience protections for religious organizations that refuse to comply with previous mandates that coverage for sterilizations and contraceptives be provided in their employee health plans, the bishop noted. Or doctors who conscientiously refuse to perform abortions or gender-transition procedures could be protected against federal or state mandates that they do so.

“The Senate should now act to make changes to the draft that will protect those persons on the peripheries of our health care system,” Bishop Dewane stated.

[…]