Convicted Cardinal Claims Eligibility to Vote for New Pope

In the Vatican, an unusual legal dispute has surfaced over the eligibility of the former deputy Vatican Secretary of State, Cardinal Giovanni Angelo Becciu, to vote at the upcoming Conclave to select a new Pope.  Article 36 of Apostolic Constitution Universi Dominici Gregis on the Vacancy of the Apostolic See and the Election of the Roman Pontiff provides:

A Cardinal of Holy Roman Church ... has the right to elect the Pope, in accordance with the norm of No. 33 of the present Constitution....On the other hand, Cardinals who have been canonically deposed or who with the consent of the Roman Pontiff have renounced the cardinalate do not have this right....

According to the National Catholic Register yesterday: 

[Becciu] lost all cardinal privileges in September 2020 after Vatican prosecutors presented Pope Francis with findings from an investigation into alleged financial crimes. 

As a consequence, Pope Francis required him to resign ... his position at that time, and “the rights connected to the cardinalate.” He duly agreed to comply, retaining the title of cardinal while being stripped of the rights and privileges associated with the office.

...  In 2021, he became the first cardinal to ever be tried by the Vatican’s criminal court.

In 2023, the court convicted the cardinal of embezzlement, aggravated fraud, and abuse of office.... He has always maintained his innocence and is currently appealing against the conviction through the Vatican’s Court of Appeal, which began hearings last October but has yet to give a ruling. 

Pope Francis invited Cardinal Becciu to attend a consistory in August 2022, an invitation that was described as a “private act of pastoral mercy” but not a step toward his rehabilitation or reinstatement of his cardinalatial rights. 

But speaking Tuesday, Cardinal Becciu gave that 2022 invitation as a reason for his eligibility to vote, saying that it showed “the Pope recognized that my cardinal prerogatives remain intact.”

Catholic Employers Get Permanent Injunction Against EEOC

In Catholic Benefits Association v. Lucas, (D ND, April 25, 2025), a North Dakota federal district court converted a preliminary injunction granted last September to a Catholic diocese and a Catholic employers' organization (see prior posting) into a permanent injunction. At issue are rules and guidance documents issued under the Pregnant Workers' Fairness Act and Title VII of the Civil Rights Act.  The permanent injunction provides in part:

(1) The EEOC and its agents are permanently enjoined from interpreting or enforcing the Pregnant Workers Fairness Act and any implementing regulations ... against the Diocese of Bismarck and the CBA, including present and future members, in a manner that would require them to accommodate abortion or infertility treatments that are contrary to the Catholic faith, speak in favor of the same or refrain from speaking against the same.  

(2) The EEOC and its agents are permanently enjoined from interpreting or enforcing Title VII of the Civil Rights Act of 1964, any implementing regulations or guidances, including the Enforcement Guidance on Harassment in the Workplace, against the Diocese of Bismarck and the CBA, including present and future members, in a manner that would require them to speak or communicate in favor of abortion, fertility treatments, or gender transition when such is contrary to the Catholic faith; refrain from speaking or communicating against the same when such is contrary to the Catholic faith, use pronouns inconsistent with a person’s biological sex; or allow persons to use private spaces reserved for the opposite sex.

ABC News reports on the decision.

Catholic Bishops Conference Ends Agreements with U.S. On Refugees and Children's Services

In a press release yesterday, the U.S. Conference of Catholic Bishops announced that it will not renew its cooperative agreements with the federal government on support of refugees and services for children. According to the press release:

Over the years, partnerships with the federal government helped expand lifesaving programs, benefiting our sisters and brothers from many parts of the world.... Our efforts were acts of pastoral care and charity, generously supported by the people of God when funds received from the government did not cover the full cost.

Today, the USCCB makes the heartbreaking announcement that we will not be renewing existing cooperative agreements with the federal government related to children’s services and refugee support. This difficult decision follows the suspension by the government of our cooperative agreements to resettle refugees. The decision to reduce these programs drastically forces us to reconsider the best way to serve the needs of our brothers and sisters seeking safe harbor from violence and persecution. 

As a national effort, we simply cannot sustain the work on our own at current levels or in current form. As USCCB cooperative agreements for refugee resettlement and children’s programs end, we will work to identify alternative means of support for the people the federal government has already admitted to these programs. We ask your prayers for the many staff and refugees impacted....

For half a century, we have been willing partners in implementing the government’s refugee resettlement program. The Gospel’s call to do what we can for the least among us remains our guide. We ask you to join us in praying for God’s grace in finding new ways to bring hope where it is most needed.

Media Say Justices Seemed to Favor Catholic Charities Position in Yesterday's SCOTUS Arguments

News media reporting on yesterday's Supreme Court arguments in Catholic Charities Bureau, Inc. v. Wisconsin Labor & Industry Review Commission indicate that the Justices seemed to favor Catholic Charities position that it is unconstitutional to deny it the religious organization exemption in Wisconsin's unemployment compensation law. NPR reported in part:

The U.S. Supreme Court appeared openly doubtful on Monday about Wisconsin's refusal to exempt Catholic Charities from making payments into the state's mandatory unemployment system....

Monday morning's argument started out with some hard questions for Catholic Charities. Justice Elena Kagan asked, "Are you saying … that a group that comes in and says, 'We are a religious group doing religious activities for religious purposes,' qualifies no matter what? That there's no looking behind that at all?"...

If the justices seemed skeptical of the charity's opt-out position, both liberal and conservative justices seemed downright hostile to the state's assertion that Catholic Charities, which serves and employs people of all faiths, and doesn't allow proselytizing, is just like any other non-profit employer and is thus required to pay into the state's unemployment tax system.

Wisconsin assistant solicitor general Colin Roth faced constant interruptions from the bench, but managed to say that the standard imposed by the Wisconsin Supreme Court is that charities may be exempt from paying taxes if their activities involve worship, or religious proselytizing, or religious education. Catholic Charities fulfills none of those functions, he said....

Supreme Court Will Hear Oral Arguments Today on Tax Exemption for Catholic Charities

The U.S. Supreme Court this morning will hear oral arguments in Catholic Charities Bureau, Inc. v. Wisconsin Labor & Industry Review Commission.  In the case, the Wisconsin Supreme Court by a vote of 4-3 held that Catholic Charities Bureau and four of its sub-entities are not entitled to an exemption from the state's unemployment compensation law. (See prior posting.) Catholic Charities' petition for certiorari asks the Supreme Court to decide if Wisconsin violated the 1st Amendment's religion clauses when it held that Catholic Charities activities are primarily charitable and secular so that the statutory religious organization exemption is not available to it. The SCOTUSblog case page has links to the pleadings and briefs filed in the case. The oral arguments will be broadcast live by the Court at 10:00 AM at this page. An audio recording and a written transcript of the oral arguments will be posted later today by the Court on this page.

UPDATE: Here are links to the transcript and audio recording of arguments in the case.

Diocese and Pregnancy Center Challenge Illinois Ban on Employment Discrimination Because of Reproductive Health Care Choices

Suit was filed last week in an Illinois federal district court by a Christian Pregnancy Care Center and a Catholic diocese challenging the requirement that they comply with recent amendments to the Illinois Human Rights Act that prohibit discrimination against employees based on their reproductive health care decisions. The complaint (full text) in Pregnancy Care Center of Rockford v. Bennett, (ND IL, filed 3/20/2025), alleges in part:

198. Because they wish to carry out their respective missions and spread their pro-life messages successfully, Plaintiffs hire and retain employees who avoid reproductive decisions that undermine their identity, mission, and message. For Plaintiffs, the credibility of their messengers is as important as the message. 

199. The Act’s Employment, Offensive Speech, and Notice Clauses severely burden Plaintiffs’ freedom of expressive association by forcing them to form associations and assemblies with employees whose reproductive decisions undermine their mission and message....

209. The Act substantially burdens Plaintiffs’ right to the free exercise of religion by prohibiting faith-based speech and conduct related to reproduction, interfering with their faith-based employment decisions, and forcing Plaintiffs to revise their statements of faith, positional statements, codes of conduct, employee handbooks, and other policy documents....

235. [The] right to religious (or “church”) autonomy safeguards a religious organization’s decision about which officers, board members, employees, and volunteers are best suited to advance its religious mission and purpose. 

236. This freedom extends to Plaintiffs’ ability to hire and employ only those who believe—and live out—the beliefs of their organizations about reproductive health decisions such as abortion, sterilization, and contraception....

259. The Act also restricts Plaintiffs’ right to free speech because it compels them to speak a message contrary to their beliefs not only to their current employees but also to prospective employees and the public in general....

281. Defendants’ application of the Act’s provisions about reproductive decisions to Plaintiffs’ religious speech and conduct violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.

Catholic Vote reports on the lawsuit. 

Kansas House Condemns Planned Satanic Black Mass at Statehouse

On March 20, the Kansas state House of Representatives adopted House Resolution 6016 (full text) denouncing a Black Mass planned by the Satanic Grotto for the statehouse grounds. The permit that was granted insisted that the event be held outdoors, though the leader of the Satanic Group threatens to try to move it inside in violation of the permit. The House Resolution that passed by a vote of 101-15 reads in part:

WHEREAS, The Kansas House of Representatives acknowledges and respects that the First Amendment to the Constitution of the United States guarantees all citizens the right to assemble and the freedom of speech, even as it expresses its profound disagreement with actions that mock or desecrate sacred beliefs; and

WHEREAS, The planned satanic worship ritual is an explicit act of anti-Catholic bigotry and an affront to all Christians. It blasphemes our shared values of faith, decency and respect that strengthen our communities: Now, therefore,

Be it resolved by the House of Representatives of the State of Kansas: 

That we denounce the planned satanic worship ritual scheduled to take place on the grounds of the people's house, the Kansas state capitol grounds, on March 28, 2025, as a despicable, blasphemous and offensive sacrilege to not only Catholics but all people of goodwill, and it runs contrary to the spiritual heritage of this state and nation; and 

Be it further resolved: That we call upon all Kansans to promote unity, mutual respect and the values that uphold our identity as one nation under God;....

According to the Topeka Capital-Journal:

Kansas City, Kansas, [Archbishop] Joseph Naumann accused the Satanic Grotto of stealing a consecrated host,... in a civil lawsuit. But Naumann dropped the lawsuit after Michael Stewart, president of the Satanic Grotto, testified that the wafers were lawfully purchased.

Justice Department in Policy Change Files Amicus Brief Supporting Religious Charter School

 As previously reported, the U.S. Supreme Court has granted certiorari in Oklahoma Virtual Charter School Board v. Drummond and the related case of St. Isidore of Seville Virtual Charter School v. Drummond. In the cases, the Oklahoma Supreme Court held that the state Charter School Board's authorization of a Catholic-sponsored publicly-funded charter school violates Oklahoma statutes, the Oklahoma Constitution and the First Amendment's Establishment Clause. Last week (March 12), the U.S. Acting Solicitor General filed an amicus brief (full text) urging reversal of the Oklahoma Supreme Court. The brief says in part:

... [T]he Free Exercise Clause applies and prohibits Oklahoma from excluding St. Isidore based on its religious observance. 

The United States previously advanced a different view of a charter school’s relationship with a State in Charter Day School, Inc. v. Peltier, 143 S. Ct. 2657 (2023), after this Court called for the views of the Solicitor General regarding whether a charter school’s adoption and enforcement of a student dress code was state action that could potentially violate the Constitution.  The United States contended (Br. 9-14) that the charter school was engaged in state action because it performed an educational function that was traditionally exclusively reserved to the State.  

After the recent change in Administration, the United States has concluded that charter schools do not perform functions exclusively reserved to the State.  More broadly, the state-action inquiry on which the United States focused in Peltier has obvious application to cases asking whether a school violates the Constitution in taking a specific action.  Where, as here, the question is whether a school lacks constitutional protections due to its governmental character, the key consideration is whether the school is itself a governmental entity, created and controlled by the State.  A charter school like St. Isidore does not meet those criteria.

Trump Nominates Brian Burch as Ambassador to the Vatican

Yesterday, President Donald Trump formally submitted to Congress the nomination of Brian Burch to be U.S. ambassador to the Holy See. Burch is President of CatholicVote. According to Catholic News Agency, last December Trump announced on Truth Social that he intended to nominate Burch for the position. CNA's report in December said in part:

CatholicVote is a political advocacy group that endorsed Trump in January and ran advertisements in support the president-elect during his campaign. According to CatholicVote, the organization spent over $10 million on the 2024 elections.

Trump Issues Ash Wednesday Greetings

Today the White House released an Ash Wednesday Message (full text) from President Trump and the First Lady. The Message reads in part:

This Ash Wednesday, we join in prayer with the tens of millions of American Catholics and other Christians beginning the holy season of Lent—a time of spiritual anticipation of the passion, death, and Resurrection of our Lord and Savior, Jesus Christ....

As we solemnly contemplate Jesus Christ’s suffering and death on the cross this Lent, let us prepare our souls for the coming glory of the Easter miracle.

We offer you our best wishes for a prayerful and enriching Lenten season....

Catholic Bishops Sue Feds Over Cutoff of Refugee Resettlement Funding

The U.S. Conference of Catholic Bishops this week filed suit against the State Department and HHS challenging the abrupt cutoff of funds for refugee resettlement. The complaint (full text) in U.S. Conference of Catholic Bishops v. U.S. Department of State,, (DDC, filed 2/18/2025), alleges in part:

First, the Refugee Funding Suspension contravenes appropriations-related statutes and flouts the Constitution’s vesting of the power of the purse in Congress....

Second, the Refugee Funding Suspension is arbitrary and capricious.  For the first time in forty-five years, and without warning, the government has cut off funding to USCCB for the essential services USCCB provides to government-approved refugees, including refugees already placed with USCCB and its subrecipients....

Third, the Refugee Funding Suspension is unlawful because it was done without public notice and opportunity to comment.

The U.S. Conference of Catholic bishops issued a press release announcing the filing of the lawsuit.

Designation of Catholic Church as Historic Structure Is Enjoined

In Zubik v. City of Pittsburgh, (WD PA, Feb. 11, 2025), a Pennsylvania federal district court enjoined the city of Pittsburgh from designating a closed Catholic church building that is in substantial disrepair as a historic structure. When a building is nominated for historic designation, its owners are prohibited from making any exterior alterations to the building. The court held that the nomination of the building by a city resident violated the city's Historic Designation Ordinance that requires the nomination of a religious structure "only be made by the owner(s) of record of the religious structure."

The court also concluded that the city's actions substantially burdened use of the church property for religious exercise in violation of the Religious Land Use and Institutionalized Persons Act. The court said in part:

The City effectively supplanted the Diocese’s control over the external religious ornamentation and symbols affixed to the Church Building.  By doing so, the City hindered, restricted, or encumbered the Diocese’s religious use of its stained-glass windows and other sacred fixtures of the Church Building.  Contrary to the City’s argument, these encumbrances impose more than a “minimal effect of limiting how the Diocese could alter the street facing façade” of the Church Building....

...[O]n this record there is no compelling government interest in the City’s exercise of control over the Church Building, nor is the City’s pursuit of historic designation of the Church Building the least restrictive means of achieving its stated interests.

Maine Supreme Court Invalidates Retroactive Removal of Limitation Period for Child Sex Abuse Claims

In Dupuis v. Roman Catholic Bishop of Portland, (ME Sup. Ct., Jan. 28, 2025), Maine's Supreme Judicial Court, in a 4-2 decision, held that Maine's Constitution bars legislative revival of a cause of action after it has been extinguished by a pre-existing statute of limitations. In the case, the Maine legislature removed any limitation period for sexual acts toward minors.  Numerous plaintiffs sued the Roman Catholic Bishop of Portland for damages for sexual abuse by the Bishop's clergy that took place while plaintiffs were children. The claims were barred by the previous statute of limitations before the removal of limitation periods was enacted. The majority said in part:

... [A]s early as our founding and many times thereafter, we have interpreted our constitutional text to reject retrospective legislation impairing vested rights....

There can be no doubt that we as a society have gained a new understanding of the effect of trauma and the delays that it can cause in the ability of a victim to pursue a cause of action.  Such evolved knowledge provides support for the elimination of any statute of limitations for torts involving sexual assaults.  But the issue here is not the propriety of the elimination of a statute of limitations but rather the revival of a claim after the relevant existing statute of limitations has expired....

Justice Douglas, joined by Justice Lawrence, filed a dissenting opinion, saying in part:

The question here is not whether a duly enacted statute of limitations is constitutional.  Rather, the question is whether the Constitution bars the Legislature from reviving a claim after rebalancing competing policies in light of an evolved understanding of the dynamics of childhood sexual abuse that may have prevented victims from asserting their claims earlier.

Portland Press Herald reports on the decision. [Thanks to Thomas Rutledge and Scott Mange for the lead.]

Suit Challenges Wisconsin Tax Exemption as Violation of State Constitution's Ban on Preference to Religious Establishments

Suit was filed last week in a Wisconsin state trial court by the Freedom from Religion Foundation and three individual property owners challenging a Wisconsin property tax exemption tailored to only benefit two apartment buildings serving students at the University of Wisconsin-Madison. The buildings are owned by the Presbyterian Student Center Foundation and by a Catholic parish. The complaint (full text) in Gaylor v. City of Madison, (WI Cir. Ct., filed 1/14/2025), alleges that the exemption violates the equal protection and uniformity clauses of the Wisconsin state constitution, the state constitution's provision on private bills and the prohibition in Article I, section 18 of the Wisconsin Constitution which prohibits legislation that gives a preference to any religious establishment or mode of worship. Christian Post reports on the lawsuit.

2 Reports Survey the State of Religious Liberty in the U.S. in 2024

Two broad reviews of the state of religious liberty in the United States were released yesterday. Becket Fund for Religious Liberty released the 6th edition of its Religious Freedom Index: American Perspectives on the First Amendment (full text). The 119-page report is based on an online poll of a nationally representative sample of 1000 American adults conducted by an independent research company. The report says in part:

The survey consists of 21 annually repeating questions that cover a broad range of topics, from the rights of religious people to practice their respective faiths to the role of government in protecting religious beliefs. The responses to these questions are broken down into six dimensions: 1) Religious Pluralism, 2) Religion and Policy, 3) Religious Sharing, 4) Religion in Society, 5) Church and State, and 6) Religion in Action....

 Across multiple questions in our Index, one message rings loud and clear: Americans deeply value their First Amendment freedoms, even in the face of tough, controversial issues....

We are pleased to report that political division did not seem to negatively impact Americans’ convictions about the importance of religion and religious liberty....  Americans also report being more accepting of people of faith and more appreciative of their contributions than ever before. Encouragingly, both people of faith as a whole and non-Christian people of faith reported feeling more accepted in society than in 2023.

The U.S. Conference of Catholic Bishops yesterday released its 2025 annual report on The State of Religious Liberty in the United States (full text) (Executive Summary). The 83-page Report, which reviews developments at the national level in 2024 in Congress, the Courts and the Executive Branch, says in part:

... [B]ecause control of the two chambers of Congress was divided, most bills that threatened religious liberty—that is to say, immunity from coercion in religious matters—did not move forward. Legislation aiming to increase access to in vitro fertilization (IVF) was introduced in 2024. The most significant threats to religious liberty at the federal level came in the form of finalized regulations by federal agencies, such as the Section 1557 rule, which implements the nondiscrimination provision of the Affordable Care Act (ACA). These rules heavily focused on imposing requirements regarding abortion, sexual orientation, and gender identity....

The five areas of critical concern—threats and opportunities—for religious liberty are:

• The targeting of faith-based immigration service

• The persistence of elevated levels of antisemitic incidents 

• IVF mandates, which represent a significant threat to religious freedom, while the national discussion of IVF represents an opportunity for Catholics to share Church teaching and advocate for human dignity

• The scaling back of gender ideology in law

•  Parental choice in education, one of the longest-running areas of concern for American Catholics

Texas Supreme Court Hears Arguments on State Closure of Catholic Agency Serving Migrants

On January 13, the Texas Supreme Court heard oral arguments (video of full oral arguments) in Paxton v. Annunciation House, Inc. (Links to documents and briefs in the case.) At issue is an attempt by the Texas Attorney General to shut down Annunciation House, a Catholic agency serving migrants and refugees in El Paso. The Attorney General claims that the agency is sheltering migrants who have entered the country illegally. A Texas state trial court held that Texas statutes which bar harboring migrants to induce them to stay illegally in the U.S. are pre-empted by federal law and cannot be used as the basis for a quo warranto action to revoke the agency's registration to operate in Texas. Also at issue is the state's subpoena for records of Annunciation House. (See prior posting.) Annunciation House contends that the attempt to close it down violates the Texas Religious Freedom Restoration Act. Reform Austin reports on the oral arguments.

Suit Challenges State Grant to Catholic College

Suit was filed this week in a West Virginia state trial court challenging a $5 million grant made by the West Virginia Water Development Authority to a Catholic college located in Ohio just across the Ohio River from West Virginia. The grant largely supports projected projects in West Virginia or the education of West Virginia students. The suit alleges that the grant violates the West Virginia state constitution's Establishment Clause.  The complaint (full text) in American Humanist Association v. West Virginia Water Development Authority, (WV Cir. Ct., filed 1/13/2025), alleges in part:

28.  Through the awarding of this grant, the State of West Virginia, through the West Virginia Water Development Authority, requires taxpayers to fund the work of this Catholic Institution, which states “the mission of St. Joseph the Worker is to serve the Church and to serve our country through providing our society with such workers.” 

29.   In so doing, the State of West Virginia has impermissibly violated the anti-establishment provision of the State Constitution guaranteeing the right to freedom of religion. 

ACLU of West Virginia issued a press release announcing the filing of the lawsuit.

Catholic Doctors Sue HHS Over Interpretation of EMTALA's Impact on State Abortion Bans

Suit was filed last week in a Tennessee federal district court by an organization of Catholic physicians challenging a July 2022 Memorandum and accompanying Letter from the Department of Health and Human Services that stated that the Emergency Medical Treatment and Active Labor Act pre-empts state abortion bans when an abortion is needed for emergency care. The complaint (full text) in Catholic Medical Association v. U.S. Department of Health and Human Services, (MD TN, filed 1/10/2025) alleges in part:

2. The Memorandum and Letter ... exceed Defendants’ statutory authority, were promulgated without procedure required by law, and are arbitrary and capricious, all in violation of the Administrative Procedure Act (APA). The Mandate also violates the rights of doctors under the Religious Freedom Restoration Act (RFRA) and the First Amendment....

169. CMA’s members exercise their religious beliefs in practicing medicine by caring for patients generally, and in caring for patients in situations subject to EMTALA. CMA’s members exercise their religious beliefs in treating pregnant women and their unborn children with respect and dignity, and in opposing involvement in the direct and intentional killing of unborn children in abortion. 

170. The Mandate substantially burdens the exercise of CMA’s members’ sincerely held religious beliefs. 

171. The Mandate imposes significant pressure on CMA’s members to practice medicine in way that would violate their beliefs because of the threat of investigations, fines, and other punishments and impairments.

ADF issued a press release announcing the filing of the lawsuit. 

Supreme Court Grants Review of Wisconsin's Denial of Unemployment Comp Exemption for Catholic Charities

Yesterday, the U.S. Supreme Court granted review in Catholic Charities Bureau, Inc. v. Wisconsin Labor Review Commission, (Docket No. 24-154, certiorari granted 12/13/2024). (Order List). In the case, the Wisconsin Supreme Court by a vote of 4-3 held that Catholic Charities Bureau and four of its sub-entities are not entitled to an exemption from the state's unemployment compensation law. (See prior posting.) Catholic Charities' petition for certiorari asks the Supreme Court to decide if Wisconsin violated the 1st Amendment's religion clauses when it held that Catholic Charities activities are primarily charitable and secular so that the statutory religious organization exemption is not available to it. The SCOTUSblog case page has links to the pleadings and briefs filed in the case.

Catholic Bishops, Pope Francis Call on President Biden to Commute Sentences of All Federal Death Row Prisoners to Life in Prison

According to Catholic News Agency:

The U.S. Conference of Catholic Bishops (USCCB) on Monday launched a campaign urging Catholics to contact outgoing President Joe Biden and ask him to commute the death sentences of the 40 men currently on federal death row to life in prison.

The USCCB Action Center posted online a statement calling on individuals to urge the President to commute the sentences.  The webpage contains a suggested letter to the President and provides a form for sending and posting the request online.

Meanwhile, on Sunday in the Vatican, Pope Francis joined in the call for commutation. In his Sunday Angelus, he said in part:

Today, it comes to my heart to ask you all to pray for the prisoners who are on death row in the United States. I believe there are thirteen or fifteen of them. Let us pray that their sentence be commuted, changed. Let us think of these brothers and sisters of ours and ask the Lord for the grace to save them from death.

Neither the Bishops' statement nor that of the Pope makes mention of President Biden's Roman Catholic faith.