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Federal judge rejects ban on female genital mutilation

November 21, 2018 CNA Daily News 0

Detroit, Mich., Nov 21, 2018 / 02:56 pm (CNA).- A federal judge in Detroit ruled Tuesday that a law banning female genital mutilation (FGM) in the United States is unconstitutional as it is currently written. This ruling dismisses six charges of FGM against a Michigan doctor in the first court case challenging the FGM ban in the U.S.

Female genital mutilation, or the cutting or removal of a female’s clitoris and labia, had officially been banned in the United States since 1997 under the Federal Prohibition of Female Genital Mutilation Act.

Dr. Jumana Nagarwala was arrested in 2017 and was accused of cutting the genitals of at least six girls at a clinic in the Detroit area, Fox 2 Detroit reports. The defense argued that the doctor was not cutting, but “scraping” the genitalia.

U.S. District Judge Bernard Friedman ruled that congress does not have the authority to make FGM illegal because the ban fell under the Commerce Clause of the Constitution. Since the FGM is not “commercial or economic in nature,” Friedman wrote, the clause is not applicable in this case.

The three adults charged in the case— Nagarwala, another doctor and his wife— are members of the Dawoodi Bohra, a small Indian Shiite Muslim sect located in a suburb of Detroit.

Nagarwala’s lawyers cited religious freedom to defend her actions, saying she and the other doctor were being “persecuted for practicing their religion by a culture and society that doesn’t understand their beliefs and is misinterpreting what they did.”

Until modern times, the cutting or removal of female genitalia was considered a “cure” for various ills – hysteria, excessive sexual desire, lesbianism, etc. and was covered by some insurance providers well into the 1970s.

Now, FGM is widely understood by the United Nations and numerous other international human rights groups as a “harmful traditional practice.” The procedure has no health benefits for women, multiple health risks, and is considered a human rights violation. Some of those health risks include severe bleeding and problems urinating, and later cysts, infections, complications in childbirth and increased risk of newborn deaths, according to the World Health Organization.

In the United States, an estimated 500,000 girls under the age of 13 have had the cutting procedure or are at risk of receiving it. The practice is found in some Christian communities as well as Muslim— many religious leaders, including Pope Francis, have spoken out against FGM.

Nagarwala still faces conspiracy to travel with intent to engage in illicit sexual conduct and obstruction charges, according to Fox 2.

 

[…]

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News Briefs

Cardinal DiNardo denies priests named in report ‘credibly accused’

November 21, 2018 CNA Daily News 0

Houston, Texas, Nov 21, 2018 / 09:16 am (CNA).- Cardinal Daniel DiNardo, Archbishop of Galveston-Houston, has denied that he allowed two priests to remain in active ministry despite credible allegations of sexual abuse against them.

 

CBS News aired a report Nov. 20, citing accusations against two Houston priests, Fr. Terence Brinkman and Fr. John Keller, who are presently in active ministry within the archdiocese.

 

During the meeting of the U.S. bishops’ conference held in Baltimore last week, CBS asked DiNardo if he was aware that “you have two priests with credible sexual abuse allegations currently in active ministry in your diocese?”

 

DiNardo, who serves as president of the U.S. bishops’ conference, asked which priests were being referenced. On hearing the names of Brinkman and Keller, he immediately responded that neither was a credible allegation.

 

“That’s not a credible one,” DiNardo said of the accusation against Keller. Regarding the allegation against Brinkman the cardinal replied that “[the accusation against] Terry was never credible.”

 

Under the Dallas Charter and Essential Norms governing how U.S. dioceses are to handle sexual abuse allegations against priests, a “credible” accusation is any allegation which has the semblance of truth or not found to be manifestly false or frivolous.

 

Since 2002, all accusations of sexual abuse against a priest in an American diocese are examined by an independent, lay-led diocesan review board which determines if they are “credible.”

 

Citing court documents, the report says that Fr. Brinkman was accused of sexually abusing a minor, but that a civil case was dismissed because the statute of limitations had expired. The Archdiocese of Galveston-Houston said that the accuser had offered a physical description “that does not match Fr. Brinkman.”

 

The website Bishop-Accountability lists the accusation as having been made in a civil suit filed in July 2010, and concerns alleged events in the mid 1970s. The CBS report made no reference to these dates but did display the same image of Fr. Brinkman that appears on Bishop-Accountability.

 

Fr. Thomas Keller is accused by Mr. John LaBonte of giving him alcohol and fondling him in his bed during an overnight trip. LaBonte was 16 at the time of the alleged incident.

 

LaBonte told CBS that he presented his allegation to the then-Diocese of Galveston-Houston in 2002, at the height of the last sexual abuse crisis in the Church in the United States.

 

Citing a letter received he in 2003, LaBonte says the diocese confirmed that Keller behaved in a manner “inappropriate for a priest” and was receiving “therapy” but that they “could not conclude” that that the incident “constituted sexual abuse.”

 

Both Keller and Brinkman remain in active ministry. The Archdiocese of Galveston-Houston could not be reached for comment.

 

DiNardo has committed to release a list of all clergy credibly accused of sexual abuse in the Archdiocese of Galveston-Houston by the end of January 2019. That list will include accusations dating back seven decades.

[…]

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News Briefs

Gunman kills one at Catholic store in Missouri

November 20, 2018 CNA Daily News 0

St. Louis, Mo., Nov 20, 2018 / 02:56 pm (CNA/EWTN News).- A gunman remains on the loose after shooting a woman and sexually assaulting another at the Catholic Supply of St. Louis retail store in Ballwin, Mo. on Monday afternoon. Ballwin is a suburb of St. Louis.

The woman killed was identified on Tuesday as Jamie Schmidt, from the nearby town of House Springs. Schmidt was a customer in the store at the time of the attack. She was shot in the head by the assailant, and died after being transported to the hospital in critical condition. She was 53.

Schmidt is survived by her husband and three children.

In an emotional tribute posted on Facebook, her husband Gregg Schmidt remembered his wife’s singing voice and encouraged everyone to share feelings of love at every opportunity.

“Folks, I had my own Mother of Dragons but she was taken from us today,” said Schmidt.

“I still don’t know how to feel yet. I do know one thing for sure. Hug your friends and family and tell them you love them every time you get the chance. I didn’t get to say goodbye and that hurts pretty bad. She was my angel, my partner, my best friend and the love of my life. I’m sorry if you never got to hear her sing recently because it gave me chills. I probably won’t be on Facebook much for awhile but know that I love you all in some way or another,” said Schmidt.

The suspect is described as a white male, between the ages of 45 and 50, 5’7, with a heavyset build. He is not believed to have known Schmidt, and police think the attack was random.

Catholic Supply of St. Louis released a statement saying that they were “shocked and saddened” by the “senseless tragedy” that occurred at the chain’s West County location Nov. 19. They asked for prayers for the victims and their families.

Catholic Supply of St. Louis’ three locations were closed on Tuesday and will reopen Wednesday, said the statement.

“We are cooperating fully with the ongoing police investigation, and we will share details as appropriate. We appreciate your patience, grace and prayers during this difficult time.”

Archbishop Robert Carlson of St. Louis also weighed in with a statement, saying that the archdiocese’s hearts went out to the victims of the “horrific tragedy” at the store.

“We join with civil authorities asking for the community’s assistance in apprehending the culprit of this crime,” said Carlson in the statement released to Facebook.

Carlson also instructed parishes throughout the archdiocese to offer prayers for those affected by the shooting and for an end to violence.

As a precaution, two area schools canceled classes on Tuesday due to security fears stemming from the shooting.

[…]

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News Briefs

Cardinal DiNardo calls for ‘reasonable’ gun control after Chicago hospital shooting

November 20, 2018 CNA Daily News 7

Chicago, Ill., Nov 20, 2018 / 12:29 pm (CNA/EWTN News).- After a shooting at Mercy Hospital in Chicago left four dead, including the gunman, on Monday afternoon, the president of the U.S. bishop’s conference offered prayers for the victims and called for reasonable gun restrictions.

“Yesterday, at a place which should be a center of healing, a police officer, a doctor and a pharmaceutical resident lost their lives in a senseless act of gun violence,” Cardinal Daniel DiNardo of Galveston-Houston said in a Nov. 20 statement.

“We entrust to Almighty God the victims and their loved ones and for [sic] the intercession of Our Lady of Guadalupe. May her love and compassion embrace and bring comfort to those who sorrow,” he said.

According to reports, the shooting is being investigated as a domestic dispute. Dr. Tamara O’Neal, one of the victims, had been engaged to gunman Juan Lopez until September.

The other victims of the shooting were Dayna Less, 25, a pharmacy resident and recent graduate of Purdue University, and police officer Samuel Jimenez, 28, who was responding to the shooting.

Lopez was found dead with gunshot wounds to the head; it is unclear if they were self-inflicted or if they were sustained while he exchanged gunfire with police.

Lopez had worked for Chicago Housing Authority, which said in a statement after the shooting that Lopez had cleared background checks and did not have a history of complaints against him during his employment there.

In his statement, DiNardo said the shooting yet again called into question how someone “capable of such violence was able to obtain a firearm to carry out this heinous act.”

“In our desire to help promote a culture of life, we bishops will continue to ask that public policies be supported to enact reasonable gun measures to help curb this pervasive plague of gun violence. Our prayers are with the staff of Mercy Hospital and the people of the Archdiocese of Chicago as they continue God’s healing work.”

[…]

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News Briefs

A look at 25 years of RFRA

November 20, 2018 CNA Daily News 0

Washington D.C., Nov 20, 2018 / 03:14 am (CNA).- Last week marked the 25th anniversary of the enactment of the Religious Freedom Restoration Act, known as RFRA.

While the law is well-known within legal circles, many Americans may not realize that RFRA… […]