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Why organized labor is (still) a Catholic cause

Washington D.C., Dec 15, 2018 / 04:49 am (CNA).- At a time when labor unions are weak, Catholics still have a place in the labor movement, said a priest who emphasized the Church’s historic efforts to teach the rights of labor and train workers to organize.

“On the local and state level, Catholics are a major part of the labor movement. They took to heart our Catholic social teaching, and tried to implement it in their workplace,” Father Sinclair Oubre, the spiritual moderator of the Catholic Labor Network, told CNA.

However, he said, there is sometimes a disconnect between Catholics and support for organized labor.

“Like in so many areas of our faith, the heresy of radical individualism, a lack of knowledge about why unions were formed, and a general ignorance of what options workers have, have led to many Catholics to either not realize that the Church has favored workers’ associations, or that the Church even has a teaching that has to do with the workplace.”

Union membership peaked at 28 percent of the American workforce in 1954. According to 2017 figures, about 34 percent of public sector employees are unionized, but under 7 percent of private-sector employees are, CBS Moneywatch reports.

Unions continue to enjoy strong approval in the U.S., with 62 percent of respondents telling a recent Gallup survey they support organized labor.

But union support among some Catholics has waned, in part due to labor unions’ political support for legal abortion and pro-abortion rights political candidates, among other issues.

For Fr. Oubre, this shows the need for more faithful Catholics to join a union, not withdraw.

“The fact that many of the cultural war issues have been embraced by labor unions is a concern to me,” he said. “However, the Church and Labor have been here before.”

“From the 1930s to the 1950s, there was a real effort by communists to take over the U.S. unions, and in some cases, they were successful. Instead of saying, ‘Catholics can’t join unions because they are communists,’ which was not accurate because many were not, the Church instead set up labor schools by the hundreds in parish basements.”

“The Church taught workers their rights under the law and Robert’s Rules of Order. It encouraged Catholic workers to run for union office, and bring their Catholic social teachings to bear,” the priest said. “This was very successful, and led to the purging of many communists from the union ranks.”

Catholics have historically played a major role in the U.S. labor movement, as evidenced by several prominent Catholics who have headed the AFL-CIO, the largest union federation in the U.S.

Oubre said unions are a place for Christian evangelization and contribution.

“We cannot write off whole groups of people because part of their agenda is not in line with Catholic teaching,” he said. “Rather, we are called to engage these groups, be active in the organizations, and like in the past, direct these organizations in ways that respect God’s truth.”

The record of Catholic social teaching also backs labor and the right of workers to organize, Oubre said.

In the 19th century, Pope Leo XIII recognized that economic changes introduced new relationships between those who had wealth and those who did not.

“As cities grew, and manufacturing and industry developed, the relationship of responsibility that has existed in the past between the landowner and the peasant no longer existed,” Oubre explained.

“Pope Leo XIII recognized the natural right of people to associate with each other, whether these were religious associations or work guilds, he endorsed the importance of collective bargaining to promote the common good, and recognized the unequal contractual relationship between the worker and the employer.”

The labor market meant that workers were negotiating not only with an employer, but competing against all the other workers seeking the same job. Leo XIII said these pressures to accept employment at ever-lowering wages could lead workers “to agree to employment terms that did not supply the basic needs for a dignified family life.”

The labor-focused traditions of Catholic social teaching have continued especially through the work of Popes Pius XI, John XXIII, John Paul II, Benedict XVI and Francis.

The Second Vatican Council’s apostolic constitution Gaudium et Spes names the right to found unions for working people as “among the basic rights of the human person.” These unions “should be able truly to represent them and to contribute to the organizing of economic life in the right way.” These rights include the freedom to take part in union activity “without risk of reprisal.”

The U.S. Conference of Catholic Bishops’ 1986 pastoral letter “Economic Justice for All” also addresses the place of labor in Catholic thought and action.

In 2018 the U.S. Supreme Court’s 5-4 decision in Janus v. AFSCME struck down a 1997 Illinois law that required non-union public employees to pay fees to public sector unions for collective bargaining.

A U.S. bishops’ conference spokesperson said the decision threatened to mandate a “Right-to-Work” environment in government employment in a way that undermines the ability of workers to organize.

Oubre said Catholic union backers object to such a legal principle “because it works against the principle of solidarity and the right of association.”

“‘Right to Work’ laws have their primary intention of weakening the organizing power of unions, and allow people to receive the benefit the union, without taking on the responsibility of being part of the union,” he said.

In Oubre’s view, a union-friendly legal environment is critical.

“One can pass laws that promote workers ability to organize together, or to discourage it,” he said.

He noted the proposals for a “card check” unionization effort, in which an employer must recognize a union if a majority of workers express a desire for a union using signed cards.

Obure said this effort now faces legal obstacles and simply “begins a long process where union avoidance experts are brought in, one-on-one meetings take place with workers, sometimes the leaders are fired, and every effort is made to dishearten the workers.”

“When the election comes around, the will of the workers has been crushed,” he said.

The U.S. Conference of Catholic Bishops issues annual Labor Day statements which continue “the long tradition of support for workers’ right to organize and join unions,” Oubre said.

In 2018, the statement stressed the importance of just wages for workers, especially for those who have difficulty securing basic needs. It also discussed problems of income inequality between the wealthy and the poor, as well as between ethnic groups and between the sexes.

“This Labor Day, let us all commit ourselves to personal conversion of heart and mind and stand in solidarity with workers by advocating for just wages, and in so doing, ‘bring glad tidings to the poor’,” the bishops’ message concluded.

 

This article was originally run on CNA Sept. 3, 2018.

Pennsylvania AG files challenge to new federal religious freedom rules

Harrisburg, Pa., Dec 14, 2018 / 09:01 pm (CNA).- New rules are set to ensure strong religious exemptions to federal mandates requiring employer health care plans to provide birth control coverage, but Pennsylvania Attorney General Josh Shapiro’s legal challenge could derail them.

“Families rely on the Affordable Care Act’s guarantee to afford care,” Shapiro said Dec. 14. “Congress hasn’t changed the law, and the president can’t simply ignore it with an illegal rule.”

He filed an amended complaint Friday challenging the Trump administration’s final religious exemption rules, set to take effect Jan. 14, 2019. New Jersey Attorney General Gurbir Grewal joined the complaint, the Philadelphia Inquirer reports.

Shapiro’s complaint makes several claims, including charges that the new rules violate the separation of church and state and allow employers to discriminate on the basis of sex.

On Nov. 7, the Trump administration released two updated rules concerning conscience protections for organizations and individuals in relation to the Department of Health and Human Services’ so-called contraception mandate.

The rules allow colleges, universities, and health insurance companies to decline to cover contraceptives, including drugs that can cause abortion, whether for religious or non-religious moral objections.

The U.S. Conference of Catholic Bishops welcomed the new rules as “common-sense regulations that allow those with sincerely held religious or moral convictions opposing abortion-inducing drugs, sterilization, and contraception to exclude such drugs and devices from their health plans.”

Mark Rienzi, president of the Becket religious liberty legal group, praised the new rules, saying they signaled the end of a “long, unnecessary culture war.” Rienzi’s legal group represents the Little Sisters of the Poor, who have challenged mandates requiring them to provide such coverage to employees.

“All that is left is for state governments to admit that there are many ways to deliver these services without nuns, and the Little Sisters can return to serving the elderly poor in peace,” Rienzi said last month.

The Little Sisters of the Poor are currently being sued by the attorneys general of Pennsylvania and California, which challenge their religious exemptions allowing them to decline to provide the coverage to which they object.

The U.S. Supreme Court had barred enforcement of the mandate on closely held private companies in its 2014 case involving Hobby Lobby, which is owned by an Evangelical Christian family that objected to some of the mandated drugs.

In May 2016, the Supreme Court voided the federal circuit court decisions involving other plaintiffs challenging the mandate and sent these cases back to their respective federal courts. The court directed the lower courts to give all parties time to come to an agreement that satisfied their needs.

The Little Sisters of the Poor case, Zubik v. Burwell, is named for Bishop David Zubik of Pittsburgh, who is a plaintiff.

Bishop Zubik came under fire for his diocese’s handling of sex abuse cases after Shapiro’s office in August released a grand jury report on six Catholic dioceses in Pennsylvania, citing allegations of abuse over a span of decades.

The Trump administration’s 2017 religious exemptions to the HHS rule were still being litigated in court. A Ninth Circuit Court of Appeals three-judge panel on Thursday lifted a district court’s preliminary nationwide injunction against the 2017 religious exemptions, but allowed the injunction to stand in the five states that have filed legal challenges.

The majority decision by Ninth Circuit Judge J. Clifford Wallace acknowledged that free exercise of religion and conscience are “undoubtedly, fundamentally important.”

“Protecting religious liberty and conscience is obviously in the public interest. However, balancing the equities is not an exact science,” the decision continued. The majority said the appellate court lacked sufficient basis “to second-guess the district court and to conclude that its decision was illogical, implausible, or without support in the record.”

The decision faulted federal officials for not satisfying the rules of the Administrative Procedure Act, including requirements for public comment on new rules.

A nationwide injunction against the 2017 rules was still in effect in Pennsylvania, however.

Last month the Eleventh Circuit Court of Appeals vacated a 2014 District Court decision against EWTN Global Catholic Network, the parent company of Catholic News Agency, in its lawsuit against the mandate.

Under the terms of the settlement with Department of Health and Human Services, EWTN will not be required to provide contraception, sterilization, or abortifacients through its employee health care plan.

Minn. archbishop announces moves to end culture fostering clergy abuse

St. Paul, Minn., Dec 14, 2018 / 08:01 pm (CNA).- Archbishop Bernard Hebda of Saint Paul and Minneapolis announced Friday several changes meant “to change the culture that fostered the clergy abuse crisis.”

Among these are the creation of a new position within the Archdiocese of Saint Paul and Minneapolis to ensure that “the voice of survivors of clergy sexual abuse will be regularly heard within Archdiocesan leadership,” Hebda wrote in a Dec. 14 letter.

“To strengthen that voice, I want to say again today that any survivor who at any time entered into a settlement agreement containing a confidentiality provision is released from that provision,” he added.

“I also reiterate my pledge to meet with any survivors who would like to do so.”

Hebda wrote that he plans to make himself available to survivors of abuse all Friday afternoons in February, March, and April, as well as other times and places. Planning for spiritual outreach in 2019 is also underway, he said.

Hebda reiterated that he strongly favors a “lay-led mechanism for investigating and assessing any allegations made against me or any other bishop.”

Hebda’s predecessor, Archbishop John Nienstedt, was the subject of a misconduct allegation involving adult males in 2014. Nienstedt delegated the investigation to his senior auxiliary bishop, who submitted the investigative materials to then-Nuncio Archbishop Carlo Maria Viganò after seeking the counsel of two law firms. In addition, the allegations against Nienstedt were provided to the county attorney’s office.

However, the situation remains “unresolved for the accusers, for Archbishop Nienstedt and for the public” because Hebda said as far as he knows, the Vatican’s effort into the investigation ended when Archbishop Nienstedt resigned his office in June 2015.

Archbishop Viganò has since denied that he ordered the Vatican’s investigation of Nienstedt to be halted.

Hebda wrote of the investigation: “I share the frustration that is felt by them, and believe this situation highlights the need for a better-defined process and independent mechanism to resolve allegations made against bishops.”

An additional allegation emerged that then-bishop of New Ulm Nienstedt, at a 2005 World Youth Day event in Germany, had invited minors to his hotel room, proceeded to undress and had invited them to do the same – an account which Nienstedt denies. Hebda said he transmitted information about this allegation to the nuncio in 2016.

“I have been asked repeatedly whether there are any restrictions on Archbishop Nienstedt’s ministry,” Hebda wrote.

“My answer has always been that although I do not know of any, I am the wrong person to ask: Bishops report to the Holy Father, not to each other. I have no general juridical authority over Archbishop Nienstedt or any other bishop outside the Archdiocese.”

However, Hebda did offer clarification that Nienstedt, like any priest facing misconduct allegations, “would not be free to exercise public ministry in this Archdiocese until all open allegations are resolved.”

Hebda said he would continue to advocate for an independent review board, and would commit to transmitting the entire 2014 archdiocesan investigation to whatever national or regional review board is created.

“In order to fully address bishop accountability, the Church needs a national or regional board empowered to act, much as our well-respected Ministerial Review Board has been empowered to address allegations involving our priests and deacons,” the archbishop wrote.

“The Church cannot fulfill its mission without public trust.”

Six lay men installed as acolytes in Spokane

Spokane, Wash., Dec 14, 2018 / 07:01 pm (CNA).- Bishop Thomas Daly of Spokane installed six laymen who are not in formation for holy orders as acolytes Wednesday.

“The men were chosen for their dedication to the cathedral family, and their service at the Altar reflects their commitment to service in the wider community,” Fr. Darrin Connall, vicar general and rector of the Cathedral of Our Lady of Lourdes,  said Dec. 12.

The six men insalled as acolytes are Dave Gibb, Gene DiRe, Justin Bullock, Dennis Johnson, Thomas Lavagetto, and Rick Sparrow.

The installation of acolytes is effected by the bishop praying over the candidates, and then giving each the Eucharistic vessels.

The ministry of acolyte is most often conferred upon men in who are in formation for the diaconate or priesthood, but the Code of Canon Law does provide that “Lay men who possess the age and qualifications … can be admitted on a stable basis through the prescribed liturgical rite to the ministries of lector and acolyte.”

Becoming an acolyte does not grant one the right to obtain support or remuneration from the Church.

In the dioceses of the US, the qualifications to be installed as a lector or acolyte are having completed one's 21st year, and possessing the skills necessary for an effective service at the altar, being a fully initiated member of the Church, being free of any canonical penalty, and living a life which befits the ministry to be undertaken.

Lay persons who are not installed acolytes can supply certain of their duties, when the need of the Church warrants it and ministers are lacking.

However, installed acolytes are permitted to purify the Eucharistic vessels, which task cannot be supplied by another lay person.

The installation of lay men not in formation for holy orders as acolytes is not common among dioceses in the US, though the Diocese of Lincoln is among those which do so.

Bishop Daly, 58, was ordained a priest of the Archdiocese of San Francisco in 1987. He was consecrated a bishop in 2011, serving as auxiliary bishop of San Jose until he became Bishop of Spokane in 2015.

Gun deaths in US reach record-high

Washington D.C., Dec 14, 2018 / 06:44 pm (CNA).- The number of gun deaths in the United States reached almost 40,000 last year, the highest number since firearm deaths were first recorded in mortality data nearly 40 years ago.

According to an analysis from CNN, 39,773 people died by guns last year.

The analysis, using CDC data, found that nearly 24,000 people died from suicide by guns in 2017. This number is the highest in 18 years, and a more than 7,000 death increase from 1999.

“In 2017, nearly 109 people died every single day from gun violence,” said Adelyn Allchin, director of public health research for the Educational Fund to Stop Gun Violence.

“Gun violence has been part of our day-to-day lives for far too long. It is way past time that elected leaders at every level of government work together to make gun violence rare and abnormal.”

The U.S. bishops have long called for more restrictive gun legislation.

In their 2000 statement “Responsibility, Rehabilitation and Restoration,” on crime and criminal justice, the U.S. Conference of Catholic Bishops supported certain gun laws in the name of safety.

“As bishops, we support measures that control the sale and use of firearms and make them safer (especially efforts that prevent their unsupervised use by children or anyone other than the owner), and we reiterate our call for sensible regulation of handguns,” the bishops stated.

In April of 2013, four months after the Sandy Hook school shooting, then-chair of the domestic justice and human development committee Bishop Stephen Blaire of Stockton wrote members of Congress.

Among the policies Bishop Blaire cited for support were “universal background checks for all gun purchases,” restrictions on civilian purchases of “high-capacity ammunition magazines,” and an “assault weapons” ban. He cited Pope Francis’ call “to ‘change hatred into love, vengeance into forgiveness, war into peace’.”

A similar statement encouraging public debate on gun control was released last year after mass shootings in Las Vegas, Nevada and the First Baptist Church of Sutherland Spring, Texas,

Earlier this year, after the Feb. 14 shooting at Marjory Stoneman Douglas High School in Parkland, Fla. that killed 17 people, the heads of the bishops’ committees on domestic justice and Catholic Education released another statement on gun laws.

“Once again, we are confronted with grave evil, the murder of our dear children and those who teach them. Our prayers continue for those who have died, and those suffering with injuries and unimaginable grief. We also continue our decades-long advocacy for common-sense gun measures as part of a comprehensive approach to the reduction of violence in society and the protection of life,” they said.

Last month, after a shooting at Mercy Hospital in Chicago left four dead, including the gunman, the president of the U.S. bishop’s conference again reiterated the call for “reasonable gun measures.”

“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,” Cardinal Daniel DiNardo of Galveston-Houston said Nov. 20.

After China deal, two underground bishops step down at Vatican's request

Beijing, China, Dec 14, 2018 / 05:01 pm (CNA/EWTN News).- Two underground bishops in China have agreed to step aside in favor of bishops of the Chinese Patriotic Catholic Association, in the wake of a deal signed between the Holy See and the Chinese government.

AsiaNews reported Dec. 13 that Bishop Vincent Guo Xijin of Mindong (Ningde) has agreed to become auxiliary bishop and that Bishop Vincent Zhan Silu will become Bishop of Mindong.

The agreement was made at a meeting at the Diaoyutai State Guesthouse in Beijing, in the presence of Archbishop Claudio Maria Celli, president emeritus of the Pontifical Council for Social Communications.

At the same meeting, Archbishop Celli announced that Bishop Peter Zhuang Jianjian of Shantou will give way to Bishop Joseph Huang Bingzhang.

Both Bishop Zhan and Bishop Huang had been excommunicated, and were reconciled to the Holy See as part of a September agreement between the Holy See and the People's Republic of China.

According to AsiaNews, at the meeting Archbishop Celli gave Bishop Guo a letter from Cardinal Pietro Parolin, Vatican Secretary of State, and from Cardinal Fernando Filoni, prefect of the Congregation for the Evangelization of Peoples, asking that he give up his role as Bishop of Mindong in favor of Bishop Zhan.

“Also according to the report of the priests of Mindong, Msgr. Celli would have told Msgr. Guo that Pope Francis himself asks for this gesture of obedience 'and of sacrifice for the general situation of the Chinese Church',” the news outlet reported.

AsiaNews also noted that in previous cases in which a bishop of the CPCA was reconciled to the Holy See, he would become auxiliary bishop to an existing bishop of the underground Church.

Bishop Guo, 59, was detained by the Chinese authorities overnight in March. While he was released after only a short detention, he was ordered not to officiate as a bishop while saying Mass because he is not recognized by the government.

He was taken away because he refused to concelebrate with Bishop Zhan at a Chrism Mass.

Bishop Guo was also detained ahead of Holy Week in 2017.

In January, Asia News reported that a Vatican delegation asked Bishop Guo voluntarily to accept a position as coadjutor bishop under Bishop Zhan. This was also among the conditions Chinese officials had proposed to Bishop Guo during his 2017 detention.

Bishop Guo told the New York Times in February that “we must obey Rome's decision,” and that “our principle is that the Chinese Catholic Church must have a connection with the Vatican; the connection cannot be severed.”

But he also indicated that while “the Chinese government doesn’t say explicitly that we need to disconnect” from Rome, “in some circumstances it has such an implication.”

In March, at the Chinese Communist Party's annual meeting, Bishop Zhan told China's Sing Tao Daily: “There are no obstacles [to a China-Vatican deal] if everyone just thinks of the benefit of the church for the sake of peace.”

Bishop Zhuang, 88, was asked to retire in late 2017 by the Holy See, but he reportedly refused the request at that time. He was consecrated a bishop in 2006, with the approval of the Holy See.

In December 2017 Bishop Zhuang was reportedly escorted to Beijing, where he met separately with leaders of the Chinese Catholic Patriotic Association, officials from China’s State Administration for Religious Affairs, and the Vatican delegation.

If Bishop Zhuang resigned, the Holy See delegation reportedly said at that time, he could nominate three priests, one of whom Bishop Huang would choose as his vicar general. “Bishop Zhuang could not help his tears on hearing the demand,” Asia News’ source said, explaining “it was meaningless to appoint a vicar general, who is still a priest that Bishop Huang could remove him anytime.”

 

Catholic groups support prison reform bill

Washington D.C., Dec 14, 2018 / 05:00 pm (CNA).- Catholic groups expressed optimism at a criminal justice reform bill, as the “First Step Act”  legislation makes its way through the U.S. Senate.

The full title of the bill is “Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act.”

The bill, which has received bipartisan support, including from President Donald Trump and Sen. Cory Booker (D-NJ), aims to reform the country’s prison system and better assist with integrating former prisoners into society after they have served their sentence.

Among other things, the bill will increase credits for good behavior and for participating in “evidence-based recidivism reduction programming”and other “productive programming.”

A total of $250 million would be authorized for the creation of educational, vocational and other skill-building programs for those in prison. Nonprofit organizations, including faith-based groups, would be permitted to assist with the creation and implementation of these programs.

These provisions would only apply to prisoners who were incarcerated for certain crimes. Those in prison for violent offenses, such as assault of a spouse, arson, or sex trafficking, are not eligible to receive these earned time credits.

The First Step Act would also ban the practice controversial practice of shackling pregnant women, and require that feminine hygiene products be provided to female prisoners free-of-cost. The bill also mandates that prisoners be held no more than 500 driving miles away from their families, because evidence suggests that increased time with loved ones assists with societal reintegration.

Under the bill, prisoners deemed to be “low” or “minimum” risk would be instead be held in either a halfway house or home confinement. The minimum age for “compassionate release” would be lowered from 65 to 60.

Two Catholic organizations told CNA that they are optimistic about the bill and that they feel as though it is a way to improve the country’s criminal justice system.

“The First Step Act is exactly what it sounds like: an important first step by the federal government as part of our ongoing national conversation about draconian punishments, disparate sentencing, and collateral consequences,” Griffin Hardy, a spokesperson for anti-death penalty activist Sister Helen Prejean, told CNA.

While Hardy acknowledged that there is still much work that can be done in terms of easing re-entry for those who were incarcerated, “it’s even more important to remember that passage of this bill would mean that real people get to return home to their families.”

“You just can’t overstate that,” he added.

Hardy’s comments were echoed by the Catholic Mobilizing Network (CMN), an organization that promotes restorative justice and an end to the death penalty.

CMN “considers the First Step Act an important piece of legislation deserving of the collective attention of U.S. Catholics and all Americans,” a spokesperson for the organization told CNA in a statement.

“The timing of the bill coincides with the recent release of the Catholic bishops pastoral letter against racism, which highlights the ways in which racial prejudice has become enshrined in our social structures, especially prisons,” they added.

This bill is a “modest but critical foundation” for confronting these issues, and “creates an opportunity for faithful Catholics to respond to the bishops’ call to ‘shape policies and institutions for the good of all.’”

 

 

New Mexico upholds textbook lending for private schools

Santa Fe, N.M., Dec 14, 2018 / 04:05 pm (CNA).- The New Mexico Supreme Court ruled on Thursday to uphold a book-lending program that gives school children at public and private schools equal access to state-approved textbooks.

The Becket law group, which represented the New Mexico Association of Non-public Schools, called the decision a victory for low-income students and against religious discrimination.

“In shutting the book on religious discrimination, the New Mexico Supreme Court has opened access to quality textbooks for all students,” Eric Baxter, vice president and senior counsel at Becket, said in a statement on the ruling.

“All kids deserve an education free from discrimination,” he added.

When it comes to public education, New Mexico consistently ranks poorly in comparison to other states. A 2017 report from Education Weekly ranked them second-to-last among the 50 states for quality of public education. A U.S. News report from the same year put them in last place.

Becket said in their statement that stopping the textbook loan program had most disadvantaged minority and low-income students living in rural areas.

In its Thursday, the state Supreme Court sided with Becket, and ruled that the textbook program “furthers New Mexico’s legitimate public interest in promoting education and eliminating illiteracy.”

In 2011, two parents challenged the 80-year-old textbook lending program. They claimed that New Mexico’s state constitution bars education funds from being used “for the support of any sectarian, denominational or private school, college or university.” This language is commonly known as a “Blaine Amendment.”

A 2015 New Mexico Supreme Court decision, Moses v. Ruszkowski, sided with the plaintiffs and ended nonpublic school students’ participation in the program.

In May, Becket challenged the ruling’s reliance on the Blaine Amendment, saying that the 19th century law was “originally designed to disadvantage New Mexico’s native Catholic citizens” and “was all about anti-Catholic animus.”

Becket appealed the case to the Supreme Court, which urged the Supreme Court of New Mexico to reconsider it in light of a ruling on a similar case in 2017, Trinity Lutheran Church v. Comer, which granted public funds to help update a Lutheran school playground.

In their Thursday statement, Becket added that the Blaine Amendment has historically been used for discrimination in everything from trying “to stop children with disabilities from attending schools that best meet their needs, to prevent schools from making their playgrounds safer, to stop food kitchens from helping the poor, and to close service providers that help former prisoners successfully reintegrate into society.”

Becket said that the state Supreme Court acknowledged on Thursday the Blaine Amendments’ “malicious history, noting that ‘New Mexico was caught up in the nationwide movement to eliminate Catholic influence from the school system.’”

“New Mexico’s kids are better off today because the New Mexico Supreme Court rejected 19th Century religious discrimination,” John Foreman, state director of the New Mexico Association of Non-public Schools, said in a statement on the ruling.

The court’s ruling has effectively reinstated the textbook lending program.

 

After guilty verdict, questions raised about Pell trial

Washington D.C., Dec 14, 2018 / 04:00 pm (CNA).- After reports of a guilty verdict emerged in the trial of Australian Cardinal George Pell, some in Australia have questioned the integrity of a process undertaken under the veil of a media blackout.

The cardinal was convicted Dec. 11 on five charges that he sexually abused two altar servers while he was Archbishop of Melbourne in the late 1990s. The unanimous verdict followed an earlier mistrial in which, CNA has confirmed with multiple sources, a jury was deadlocked at 10-2 in favor of a “not guilty” verdict.

The guilty verdict comes ahead of a second trial, scheduled for February 2019, in which Pell will face further accusations of abuse dating back to the 1970s, during which time he served as a priest in Ballarat.

Reporting restrictions imposed by the County Court of Victoria mean that the progress or outcomes of the trial cannot be covered by local media or broadcast electronically into Australia. No media discussion of the accusations or Pell’s defense is permitted in the country.

Those who violate the gag order could be subject to contempt of court charges by Victoria prosecutors.

Nevertheless, CNA has spoken to several sources familiar with the Pell case, all of whom expressed disbelief at the verdict. The sources spoke only on condition of anonymity because of the legal gag order imposed by the court.

“They have convicted an innocent man,” one source directly familiar with the evidence told CNA. “What’s worse is that they know they have.”

An individual who attended the entire trial in person but is unconnected with Pell’s legal team, told CNA that Pell’s lawyers had made an “unanswerable defense.”

“It was absolutely clear to everyone in that court that the accusations were baseless. It wasn’t that Pell didn’t do what he’s accused of - he clearly couldn’t have done it.”

The allegations are understood to concern Pell assaulting the two choristers in the sacristy of Melbourne cathedral on several occasions immediately following Sunday Mass.

The defense presented a range of witnesses who testified that the cardinal was never alone in the sacristy with altar servers or members of the choir, and that in all the circumstances under which the allegations are alleged to have taken place, several people would have been present in the room.

The sacristy in Melbourne’s Cathedral has large open-plan rooms, each with open arches and halls, and multiple entrances and exits, the defense noted.

Defense attorneys also produced a range of witnesses who testified that Pell was constantly surrounded by priests, other clergy, and guests following Sunday Masses in the cathedral, and that choristers had a room entirely separate from the sacristy in which they changed as a group, before and after Mass.

Observers also questioned whether some courtroom tactics used by state prosecutors were intended to stoke anti-clerical feelings in jury members.

One priest, a Jesuit, was called as an expert witness by the defense, but was consistently referred to as a “Christian Brother” by prosecutors - a move, the court observer told CNA, that seemed calculated to invoke the religious order at the center of a widely known clerical sexual abuse scandal in the country.

“It was a blatant move, but it sums up the sort of anti-Catholic, anti-clerical drift of the whole trial,” CNA’s courtroom source said. “The jury were being winked at.”

Full discussion of the charges and the evidence laid against Pell remains impossible because of the media blackout. The gag order was imposed at the request of prosecutors in June, who argued that media attention could bias the case.

“It’s absurd,” another source directly familiar with the trial told CNA. “Any Catholic in Victoria can tell you that our media has been steeped in anti-Catholic, anti-clerical and especially anti-Pell coverage for more than two decades. The prosecutors were perfectly happy with all of that leading up to the trial, and for it to carry on now.”

“The only thing you can’t talk about are the facts of the case,” the source said.

In a May 2015 column for The Australian, journalist Gerard Henderson said that Pell was the victim of a “modern-day witch hunt.” Henderson drew specific attention to what he called biased and inaccurate coverage of Pell by the Australian Broadcasting Corporation.

“The lack of balance in the media’s reporting of child sexual abuse in the Catholic Church reflects the fact many journalists detest Pell’s conservatism,” Henderson wrote.

Henderson also noted that as Archbishop of Melbourne, Pell brought in a new program to deal with accusations of sexual abuse and to compensate victims within months of his arrival.

“On all the available evidence, Pell was among the first Catholic bishops in the world to address the issue of child sexual abuse by clergy,” Henderson concluded.

The cardinal’s legal team is said to be scrupulously complying with the gag order as lawyers work towards filing an appeal against the guilty verdict.

While open discussion of the case remains impossible in Australia, concerns about a biased jury pool in the second trial have begun to surface indirectly.

On December 13, Victoria state Attorney-General Jill Hennessy told the Australian newspaper The Age that she had asked her department to examine the option of judge-only trials in high profile cases, where an impartial jury might be difficult to find. The state of Victoria is one of the few jurisdictions in Australia not to permit the option of a bench trial in cases like Pell’s.

Earlier this year, former Archbishop of Adelaide Philip Wilson was tried and convicted before a magistrate’s court in the state of New South Wales, on the charge of failing to report clerical sexual abuse. His conviction was overturned on appeal. Appellate judge Roy Ellis noted that media portrayals of the Church’s sexual abuse crisis might have been a factor in the guilty verdict.

Such portrayals “may amount to perceived pressure for a court to reach a conclusion which seems to be consistent with the direction of public opinion, rather than being consistent with the rule of law that requires a court to hand down individual justice in its decision-making processes,” he said.

Victoria has faced sustained criticism for the use of suppression orders by the state’s courts. Despite an Open Courts Act passed in 2013 aimed at improving judicial transparency, Victorian courts issued more than 1500 suppression orders between 2014-2016.

One source close to Pell told CNA that the cardinal’s treatment during his trial had been “Kafka-esque.”

“Prosecutors can retry him - in secret - until they get a conviction, but there can’t be any discussion of what he’s accused of, no scrutiny of the evidence against him, and no questioning the verdict. On what planet is this justice?”

Cardinal Pell is expected to be sentenced in January. He can appeal the guilty verdict to the Supreme Court of Victoria.

 

A ‘clericalist and apostate state:’ Why Jacob Rees-Mogg wants out of the EU

London, England, Dec 14, 2018 / 12:00 pm (CNA).- The question of how the United Kingdom will leave the European Union, and on what terms, has monopolized British politics since the 2016 referendum in which voters decisively opted out of the international body.


Since that vote, debate about Brexit has created a cultural and political divide in the U.K.  Many argue that by leaving the EU, Britain is turning its back from more than a political structure, but from its long-standing commitment to international cooperation.

 

The Church has no official position on Brexit, but many bishops have expressed their personal views on the subject, mostly in favor of the E.U.

 

Archbishop Paul Gallagher, an Englishman and the Holy See’s Secretary for Relations with States, came closest to voicing an official Vatican line when he said, shortly before the Brexit vote, that the British departure was “not something that would make a stronger Europe.”

 

As with most political questions, individual Catholics are free to form their own opinions in good conscience, and in Britain Catholics can be found on both sides of the debate.

 

Jacob Rees-Mogg, Member of Parliament for North East Somerset, is one of the most visible Catholic politicians in the U.K. He is also one of the leading voices in favor of Brexit. He spoke to CNA about his views on the Catholic case for leaving the EU, and why he finds it unsurprising that many in the Church appear to have a preference for the union.

 

“I think there is a great deal of residual affection for the EU because of its origins,” he told CNA. “As a project, it was first put forward by Christian Democrats from the founding member states, and it was intended to have a Christian and democratic ethos.”

 

But, Rees-Mogg said, while its origins may have been rooted in a democratic and Christian vision of Europe, this inheritance has long since been left behind.

 

“It is worth recalling that, over the strong objections of successive popes, there was no reference to either God or the Christian heritage of Europe in the proposed EU constitution [which was rejected by French and Dutch voters and became the Lisbon Treaty]. Whatever its origins were, the EU is now a profoundly secular state.”

 

The MP said that examples of liberal secularism taking precedence in the EU’s governance are not hard to find.

 

In 2004, Rocco Buttiglione was nominated by the Italian government to serve on the European Commission, the body that proposes EU legislation and manages the union’s day-to-day business. His nomination was withdrawn after other EU politicians objected to his Catholic views on marriage, family, and homosexuality, characterizing them as incompatible with a senior position in the union.

 

Rees-Mogg pointed out to CNA that the EU has also been staunchly supportive of the spread of abortion in Africa, calling the policy a “small but indicative” part of the union’s work and values.

 

Instead of a Christian organization, or even a secular-but-neutral one, Rees-Mogg suggested that the EU might be better understood as “arguably moving in the direction of an apostate state; what the Church has historically considered the very worst outcome.”

 

As a political structure, the EU is meant to function as a democratic body, in which participating countries pool their collective sovereignty in service of the good of all.

 

Recently, Pope Francis has spoken frequently about “clericalism” in the Church, in which authority is exercised, even abused, for the benefit of those in power and without reference to the people they are meant to serve, or accountability to them.

 

According to Rees-Mogg, a similar kind of dynamic is at work within the EU which, he says, functions in practice as a “clericalist state” in which the sovereignty of the people is lost to an elite, not shared among equals.

 

“If you look at how European leaders come to power in the EU, they are appointed by and accountable to each other, not the people. The European Commission is the final destination for so many politicians rejected by voters in their own countries, even their own parties. They are an elite which looks after its own.”

 

“From the U.K. alone, we see a litany of politicians like Chris Patten and Neil Kinnock, who lost elections and yet were given more power as European Commissioners than ever they had as elected politicians in Britain. In that respect it is worse than the House of Lords.”

 

One of the principles of Catholic social teaching is subsidiarity, the organizing principle in which decisions made at the lowest level possible, to allow for greater accountability and responsiveness to the needs of the community. It is also a principle incorporated in to many of the EU’s founding treaties.

 

But, Rees-Mogg warned, the EU’s references to subsidiarity are in themselves no guarantee of accountability.

 

“Subsidiarity is a principle which I treat with the greatest of caution. We must remember that it is taken from perhaps the most centralised organization in the world, after all. It is the nation-state which is, in the end, subject to the people through elections, and it is the nation-state which properly serves the people and defends their interests.”

 

As the U.K. government searches for a post-Brexit settlement acceptable to both the EU and the British parliament, trade remains a serious sticking point; the free flow of goods across the Irish border is one of several key considerations.

 

Many in the U.K. wanted to see a common agreement on the minimum standards of goods, to ensure that free trade can continue. But, from Rees-Mogg’s perspective, EU regulations are often directed at creating a barrier to trade, not preserving common standards. The EU imposes regulatory standards on a rage of goods, including - for example-  a minimum and maximum acceptable curvature for bananas.

 

“These non-tariff barriers are not about maintaining common standards. What they are is a conscious effort to block imports, even from some of the poorest countries, and they serve the European Union as an organization, not the people.”

 

As Prime Minister Theresa May attempts to forge a last-minute deal that will satisfy all sides, it remains to be seen what final form Brexit will take.

 

In the meantime, Rees-Mogg told CNA he will continue to work for a Britain free from what he sees as an elitist institution- the EU.

 

“In a democracy, the first duty of a government is to protect the freedom of its people and the first freedom of the people is to hold their leaders to account.”