Massachusetts Catholic Bishops Issue Letter Opposing Death Penalty For Marathon Bomber

In Boston, as the jury in the trial of Boston Marathon bomber Dzhokhar Tsarnaev is about to begin its deliberations, the Catholic bishops of Massachusetts issued a letter (full text) setting out the Catholic Church's opposition to the death penalty for Tsarnaev:

The Church has taught that the cases in which the execution of the offender is an absolute necessity are “rare, if not practically nonexistent.”.... The defendant in this case has been neutralized and will never again have the ability to cause harm. Because of this, we, the Catholic Bishops of the Commonwealth of Massachusetts, believe that society can do better than the death penalty.

WCVB News reports on the Bishop's letter. The jurors in the case are not sequestered. (Background).  The letter, dated April 7, was in fact released yesterday ahead of the start of jury deliberations this morning. While the religious make-up of the jury does not appear to have been publicly reported, Massachusetts in almost 45% Catholic. (Background).

NJ Governor Signs Law Keeping Religious Cemeteries Out of Headstone and Funeral Business

Earlier this week, New Jersey Governor Chris Christie signed A-3840 (full text), a law that bars religious groups that operate cemeteries from also selling headstones or offering various other kinds of funeral services. Religion News Service reports that the immediate effect of the law will be to require  the Catholic Archdiocese of Newark to give up its profitable business of selling headstones and private crypts. According to RNS:

The archdiocese became the first religious group in the state to enter the headstone business two years ago, alarming dozens of small, independent companies that produce monuments and crypts.

The dealers’ trade association, the Monument Builders of New Jersey, waged an 18-month legal fight and lobbying campaign against the move, contending the practice would spread to other dioceses and then to the owners of other religious cemeteries.

The archdiocese returned fire with a lobbying effort of its own, along with a personal appeal from Archbishop John J. Myers, who exhorted Catholics to fight the law.

7th Circuit: Milwaukee Archdiocese Cannot Protect Cemetery Trust Funds In Bankruptcy

In Listecki v. Official Committee of Unsecured Creditors, (7th Cir., March 9, 2015), the U.S. 7th Circuit Court of Appeals ruled that $55 million held by the Archdiocese of Milwaukee in a perpetual care trust fund for maintaining Catholic cemeteries is potentially available in bankruptcy to satisfy claims of clergy sex abuse victims.  The district court had held that the Archdiocese's free exercise rights under RFRA and the 1st Amendment would be infringed if the trust funds were made available to claimants. (See prior posting.)  The 7th Circuit held, however, that RFRA does not apply unless the government is a party to the suit, and that a creditors' committee in bankruptcy does not act "under color of law" as a governmental instrumentality.  It rejected the Archdiocese's 1st Amendment free exercise assertion, finding that the Bankruptcy Code's fraudulent transfer provisions are neutral and generally applicable. It further held that the Bankruptcy Code reflects a compelling governmental interest in the protection of creditors. AP reports on reactions to the decision.

8th Circuit Invalidates Missouri House of Worship Protection Act

In Survivors Network of Those Abused By Priests, Inc. v. Joyce,  (8th Cir., March 9, 2015), the U.S. 8th Circuit Court of Appeals held that Missouri's House of Worship Protection Act violates the 1st Amendment's free speech protections.  The statute, which prohibits "using profane discourse, rude or indecent behavior, or making noise either within the house of worship or so near it as to disturb the order and solemnity of the worship services," was challenged by groups and individuals who picket Catholic Churches over clergy sexual abuse and other issues.  The court concluded that the statute is a content-based restriction on speech and is thus subject to strict scrutiny.  The court added:

The broad sweep of the Worship Protection Act's ban ... can prevent significant messages from being publicly expressed, solely because they are offensive or disagreeable to some. Such risks are heightened near the places regulated by the Act—churches and buildings used for religious purposes. These locations are the most likely places for appellants to find their intended audience, including individuals who have personally been affected or victimized by instances of clerical sexual abuse and church employees with knowledge or information about abusive acts.

Kansas City Star reports on the decision.

Cardinal Edward Egan Dies At Age 82

Cardinal Edward M. Egan, former head of the Catholic Archdiocese of New York, died yesterday at the age of 82.  As reported by the New York Times, Egan was "a stern defender of Roman Catholic orthodoxy." For example, Egan argued that former New York Mayor Rudy Giuliani should not have received Holy Communion during Pope Benedict XVI's 2008 visit to the U.S. because of Giuliani's support of abortion rights. (See prior posting.) The Times summarized Egan's years in New York:

His tenure in New York had mixed reviews. His priority was to restore financial stability to the deficit-ridden archdiocese, and he did it by closing or merging parishes and schools and by raising millions from corporations and wealthy laymen. But he also drew bitter complaints from affected parishioners and priests. He tried to recruit more priests, but with little success.

Former Prison Chaplain Pleads Guilty To Passing Messages From Imprisoned Hit Man

The Chicago Tribune reports that yesterday Roman Catholic priest and former prison chaplain Eugene Klein entered a guilty plea in an Illinois federal district court to charges of passing messages hidden in religious materials from an imprisoned mob hit man to a friend when the inmate was restricted in his contact with outsiders. The messages had to do with how to get a valuable violin out of a house that the federal government had seized. As part of his plea agreement, Klein reserved the right to appeal the trial court's refusal to dismiss the charges against him on constitutional grounds.

Cert. Denied In Dispute Over Characterization of Communications With Priest

The U.S. Supreme Court yesterday denied certiorari in Roman Catholic Church of the Diocese of Baton Rouge v. Mayeux, (Docket No. 14-220, cert. denied 1/20/2015) (Order List). In the case, the Louisiana Supreme Court held that a trial court could decide whether a communication between a teenager and a priest over the 14-year old's romantic relationship with a parishioner amounted to a confession regardless of the Church's characterization of the communication. (See prior posting.) The Baton Rouge Advocate reports on the denial of review.

St. Paul-Minneapolis Archdiocese Files For Bankruptcy Reorganization

On Friday, the Catholic Archdiocese of Saint Paul and Minneapolis filed for Chapter 11 Bankruptcy Reorganization. In a letter (full text) announcing the decision, Archbishop John Nienstedt said it "will allow the finite resources of the Archdiocese to be distributed equitably among all victims/ survivors [of clergy sexual abuse].  It will also permit the Archdiocese to provide essential services required to continue its mission within this 12-county district." The Archdiocese has posted the full text of the Voluntary Petition and other legal and financial documents in the case. Reporting on the filing, MPR News points out that it will stop civil trials that were set to begin on Jan. 26.

Damage Award Against Diocese Reduced In In Vitro Fertilization Firing

In Herx v. Diocese of Fort Wayne-South Bend, Inc., (ND IN, Jan. 12, 2015), a federal judge reduced a jury's verdict against a Catholic diocese in a Title VII sex discrimination case from $1.95 million to $543,803.  The case, involving a suit by a Catholic school teacher fired for becoming pregnant through in vitro  fertilization, has been widely followed.  The reduction is largely the result of applying a $300,000 statutory cap on punitive and most compensatory damages imposed in employment discrimination cases by 42 USC 1981a(b). Yesterday's Fort Wayne Journal Gazette reports on the decision. (See prior related posting.)

Former NY Governor Mario Cuomo Remebered For His Speech On The Complexity of Being A Catholic Politician

The New York Times reports that former New York Governor Mario Cuomo died today at age 82.  Among many other things, Cuomo is remembered for a groundbreaking speech given at Notre Dame University in 1984 titled Religious Belief and Public Morality: A Catholic Governor's Perspective (full text) in which he said:

I protect my right to be a Catholic by preserving your right to believe as a Jew, a Protestant or non-believer, or as anything else you choose.  We know that the price of seeking to force our beliefs on others is that they might some day force theirs on us....

Cuomo used the speech to make a forceful argument in defense of Catholic public officials who do not support anti-abortion legislation.  He said in part:

As Catholics, my wife and I were enjoined never to use abortion to destroy the life we created, and we never have..... But not everyone in our society agrees with me and Matilda.

And those who don't -- those who endorse legalized abortions -- aren't a ruthless, callous alliance of anti-Christians determined to overthrow our moral standards. In many cases, the proponents of legal abortion are the very people who have worked with Catholics to realize the goals of social justice set out in papal encyclicals: the American Lutheran Church, the Central Conference of American Rabbis, the Presbyterian Church in the United States, B'nai B'rith Women, the Women of the Episcopal Church. These are just a few of the religious organizations that don't share the Church's position on abortion....

I repeat, there is no Church teaching that mandates the best political course for making our belief everyone's rule, for spreading this part of our Catholicism. There is neither an encyclical nor a catechism that spells out a political strategy for achieving legislative goals....

This latitude of judgment is not something new in the Church, not a development that has arisen only with the abortion issue. Take, for example, the question of slavery. It has been argued that the failure to endorse a legal ban on abortions is equivalent to refusing to support the cause of abolition before the Civil War.....

But the truth of the matter is, few if any Catholic bishops spoke for abolition in the years before the Civil War....  They weren't hypocrites; they were realists. At the time, Catholics were a small minority, mostly immigrants, despised by much of the population, often vilified and the object of sporadic violence. In the face of a public controversy that aroused tremendous passions and threatened to break the country apart, the bishops made a pragmatic decision. They believed their opinion would not change people's minds.... [S]o they were silent. As they have been, generally, in recent years, on the question of birth control. And as the Church has been on even more controversial issues in the past, even ones that dealt with life and death.

... The decision they made to remain silent on a constitutional amendment to abolish slavery or on the repeal of the Fugitive Slave Law wasn't a mark of their moral indifference: it was a measured attempt to balance moral truths against political realities. Their decision reflected their sense of complexity, not their diffidence....

Jury Awards Catholic School Teacher Fired For In Vitro Fertilization Damages of $1.95M

The Fort Wayne (IN) Journal Gazette reports that a federal jury last Friday awarded former Catholic school teacher Emily Herx $1.95 million in damages in her Title VII sex discrimination claim against the Diocese of Fort Wayne-South Bend. Herx's teaching contract was not renewed after she became pregnant through in vitro fertilization. The Catholic Church considers in vitro fertilization immoral, and the Diocese argued that Herx had agreed to uphold Catholic teachings. Herx argued that the Diocese would not have refused to renew a male teacher's contract under the same conditions. While finding substantial actual damages, the jury awarded Herx only a nominal $1 in punitive damages.  It is likely that the Diocese will appeal the decision. (See prior posting.) [Thanks to Wall of Separation for the lead.]

Britain's Supreme Court Punts On Whether Narrow Abortion Law Conscience Rights Violate Religious Freedom

In Greater Glasgow Health Board v. Doogan, (UK SC, Dec. 17, 2014), the United Kingdom's Supreme Court gave a narrow interpretation to the conscience clause in Britain's Abortion Act 1967, but left open the question of whether that interpretation violates religious freedom rights or amounts to religious discrimination.  Section 4(1) of the Abortion Act provides that, with certain exceptions:

no person shall be under any duty, whether by contract or by any statutory or other legal requirement, to participate in any treatment authorised by this Act to which he has a conscientious objection....

In a suit by two Catholic midwives who worked as labor-ward coordinators, the Court held that "participate in" should be read narrowly:

It is unlikely that, in enacting the conscience clause, Parliament had in mind the host of ancillary, administrative and managerial tasks that might be associated with those acts. Parliament will not have had in mind the hospital managers who decide to offer an abortion service, the administrators who decide how best that service can be organised within the hospital..., the caterers who provide the patients with food, and the cleaners who provide them with a safe and hygienic environment. Yet all may be said in some way to be facilitating the carrying out of the treatment involved. The managerial and supervisory tasks carried out by the Labour Ward Co-ordinators are closer to these roles than they are to the role of providing the treatment which brings about the termination of the pregnancy. “Participate” in my view means taking part in a “hands-on” capacity.

However, in an important qualification, the Court said:

So, even if not protected by the conscience clause in section 4, the petitioners may still claim that, either under the Human Rights Act or under the Equality Act, their employers should have made reasonable adjustments to the requirements of the job in order to cater for their religious beliefs. This will, to some extent at least, depend upon issues of practicability which are much better suited to resolution in the employment tribunal proceedings (currently sisted pending the resolution of this case) than in judicial review proceedings such as these.

The Court also issued a press release summarizing the decision, and BBC News reports on the decision. [Thanks to Scott Mange for the lead.]

2nd Circuit Dismisses Alien Tort Suit Charging Catholic Orders With Human Trafficking

The U.S. Second Circuit Court of Appeals has dismissed an Alien Tort Statute suit brought against several Catholic religious orders charging human trafficking,  In Ellul v. Congregation of Christian Brothers, (2d Cir., Dec. 8, 2014), the Second Circuit concluded that the Supreme Court's decision last year in the Kiobel case holding that the Alien Tort Statute does not apply extraterritorially requires dismissal of most of plaintiffs' claims.  The remainder must be dismissed on statute of limitations grounds. The suit alleged "shocking violations of internationally accepted norms." As described by the court:

Plaintiffs’ claims stem from an alleged “child migration” program undertaken in the aftermath of World War II.  As part of the scheme, the purpose of which was to populate Australia with “pure white stock” from Britain and “working boys” from Malta..., defendants allegedly took plaintiffs away from their families as children, falsely told them that their parents had died or abandoned them, and transported them to Australia, where plaintiffs and other children were made to work essentially as slaves, for long hours without pay, and were subjected to extreme physical and, in some cases, sexual abuse.

Fired Gay Church Music Director Files Discrimination Complaints

Yesterday's Chicago Tribune reports that Colin Collette, who had been employed for 17 years as a  music director at Holy Family Catholic Community in Inverness, Illinois, has filed discrimination complaints with the federal EEOC and the Cook County Human Rights Commission. Collette was fired in July after he announced that-- now that same-sex marriage is legal in Illinois-- he was engaged to be married to his longtime partner Will Nifong.  Collette says church leaders knew he was gay long before he posted his engagement notice on Facebook.  His complaints, naming a priest and a parish manager as respondents, allege discrimination on the basis of sex, sexual orientation and marital status.

7th Circuit Rejects Appeal of Non-Final Order By Catholic Diocese Sued Over Firing of Teacher

In Herx v. Diocese of Fort Wayne-South Bend, Inc., (7th Cir., Dec. 1, 2014), the 7th Circuit rejected on procedural grounds defendant's appeal from denial of its summary judgment motion seeking dismissal of the employment discrimination suit against it. The district court ruled that a Catholic school teacher who was fired because she underwent in vitro feritilization-- a procedure inconsistent with Catholic teachings-- can move ahead with her claim of sex discrimination under Title VII of the 1964 Civil Rights Act.  The district court rejected various defenses raised by the diocese. (See prior posting.) The 7th Circuit held that the trial court's refusal to dismiss the case is not a final order and thus is not appealable.  The court held that the narrow exception for review of certain collateral orders does not apply to this case. The Diocese will be able to pursue its objections after a final order is issued in the case. The Fort Wayne Journal-Gazette reports on the 7th Circuit's decision.

Suit By Catholic Challenges Nigeria's Requirements For Christian Marriages

In Nigeria, Olisa Agbakoba, the former president of the Nigerian Bar Association,  has filed a lawsuit challenging the constitutionality of provisions of the Marriage Act and the Matrimonial Causes Act. According to yesterday's This Day, the suit brought in the Lagos Division of the Federal High Court contends that the Marriage Act forces Agbakoba, a Catholic, to be married in a secular ceremony rather than in accordance with Canon Law in violation of his constitutionally protected right of religious freedom.  According to the complaint:

The Marriage Act and the Matrimonial Causes Act subject the sacrament of holy matrimony to state certification thus constrained the Applicant to contract a secular marriage. But the ATR [African traditional Religion] adherents, Muslims, and traditionalists are enabled by the Nigerian legal system to contract valid marriages under their religious codes without state intervention or further ‘validation’ by a Marriage Registry or other civil authority under a secular statute.

Agbakoba also claims that the Matrimonial Causes Act is discriminatory by requiring Christians to resolve marital disputes through the civil courts by judges who are not knowledgeable in Canon law, while Muslims may use Islamic courts and adherents of African Traditional Religions may use Customary Courts.

Justice Alito Gets Award From St. Thomas More Society

The St. Thomas More Society of Maryland yesterday presented U.S. Supreme Court Justice Samuel Alito with its "Man for All Seasons Award."  According to The Daily Record, Catholic groups have particularly praised Alito for his majority opinion earlier this year in Burwell v. Hobby Lobby Stores. The award was presented to Justice Alito at the Society's Red Mass Banquet.

Cuba Approves First New Catholic Church Building In 55 Years

Construction of the first Catholic Church to be built in Cuba in 55 years has been approved by the Cuban government, according to yesterday's Latin America News Dispatch.  The new church will be built in Sandino, a town on Cuba's west coast, and will be financed by the Cuban exile community in Tampa, Florida.

Kansas Diocese Settles 30 Abuse Cases On Eve of Jury Deliberations

Last Tuesday, just as the jury was about to begin deliberations after an 11-day trial in one case, the Catholic Diocese of Kansas City-St. Joseph agreed to settle 30 claims of priest sexual abuse for $9.95 million.  The Kansas City Star reports that these are all claims filed since 2010 alleging alleging abuse by 13 current or former priests taking place 20 or more years ago.

Minnesota Archdiocese Enters Historic Settlement In Clergy Abuse Case

As reported by AP, yesterday a settlement considered as historic by both sides was reached in a clergy sex abuse case, Doe 1 v. Archdiocese of St. Paul and Minneapolis. As part of the settlement, the Archdiocese adopted 17 Child Protection Protocols. The Diocese of Winona adopted similar Protocols. In a Statement announcing the agreement, Archbishop John Nienstedt emphasized:

The agreement embodies a strengthened spirit of collaboration in addressing the issues related to clerical sexual abuse.

In a separate Statement, defense attorney Jeff Anderson, said:

This child protection protocol, invested in by Doe 1, survivors and the Archdiocese, signals a new day and a new way for protection of children, healing of survivors, and full transparency and disclosure in a new way we’ve never seen.