Ben Johnson

,

UPDATED: Supreme Court unanimously shoots down Obama admin in religious freedom case

Ben Johnson
Ben Johnson

WASHINGTON, D.C., January 12, 2012 (LifeSiteNews.com) – In a breakthrough decision for religious freedom, the Supreme Court unanimously ruled Wednesday that religious institutions have a constitutional right to determine their ministers without government interference.

Although the High Court has long recognized churches’ First Amendment right to choose priests and senior pastors, yesterday’s 9-0 decision marked the first time it upheld the “ministerial exception” for religious schools and other parachurch ministries.

“[T]here is a ministerial exception grounded in the Religion Clauses of the First Amendment,” Chief Justice John Roberts wrote the 36-page ruling. “Requiring a church to accept or retain an unwanted minister, or punishing a church for failing to do so, intrudes upon more than a mere employment decision.

“Such action interferes with the internal governance of the church, depriving the church of control over the selection of those who will personify its beliefs…According the state the power to determine which individuals will minister to the faithful also violates the Establishment Clause, which prohibits government involvement in such ecclesiastical decisions.”

Bishop William E. Lori, chairman of the United States Conference of Catholic Bishops’ ad hoc committee for religious liberty, hailed the ruling as “a great day for the First Amendment.” He said, “This decision makes resoundingly clear the historical and constitutional importance of keeping internal church affairs off limits to the government – because whoever chooses the minister chooses the message.”

The Equal Employment Opportunity Commission (EEOC) asked the court to overturn the ministerial exception, which was first adopted by lower courts in 1972, a legal precedent that precedes Roe v. Wade. Mark Rienzi, an attorney at the Becket Fund for Religious Liberty, told the radio program Kresta in the Afternoon on Thursday the EEOC’s position “said in essence religion gets no special treatment here.”

The Court’s decision called the EEOC’s view of the ministerial exception “untenable,” “extreme,” and “remarkable,” according to religious organizations no greater rights than those enjoyed by “a labor union, or a social club.”  The 9-0 ruling amounted to a “very emphatic rejection of this administration’s very narrow view of religious liberty,” Rienzi said.

The Obama administration sued a Detroit-area Lutheran school for dismissing Cheryl Perich, a teacher and “commissioned minister,” for breaking a church doctrine requiring disputes to be resolved internally. Perich, who was diagnosed with narcolepsy, claimed the school really fired her because of her medical condition. Rather than attend a church tribunal, she filed a discrimination lawsuit under the Americans with Disabilities Act (ADA). The Equal Employment Opportunity Commission (EEOC) joined in litigation against Hosanna-Tabor Evangelical Lutheran School, arguing all church employees other than priests or senior pastors should be able to sue for discrimination.

Douglas Laycock, the University of Virginia Law professor who argued the school’s case, said no court could evaluate whether a minister had been fired under a pretext without first ruling whether his views and conduct were sufficiently orthodox, something forbidden under the First Amendment. The First Amendment forbade state intrusion into church hiring practices, Laycock said, adding that Perich referred to herself as a minister and claimed a ministerial housing allowance on her taxes.

The EEOC argued since lay teachers performed the same duties, and ministry took up only 45 minutes of her workday, Perich was entitled to lost wages, damages, and attorneys’ fees. Justice Roberts ruled, “The issue before us, however, is not one that can be resolved by a stopwatch.” In his concurring opinion, Justice Samuel Alito stated, “the constitutional protection of religious teachers is not somehow diminished when they take on secular functions in addition to their religious ones.”

Religious liberties advocates argued the case had far-reaching consequences for church ministries of all backgrounds. Government interference in church personnel decisions could lead to a chilling of free speech not favored by the current administration, argued John W. Whitehead, president of The Rutherford Institute, which filed an amicus brief on the school’s behalf. “When a church is forced to make employment decisions based on a lawsuit rather than spiritual needs, the end result is that its core activities and spiritual message are inevitably altered in order to accommodate or protect against government pressures or expectations,” he stated.

Ken Klukowski of the Family Research Council described the lawsuit as a “profoundly troubling claim of power over churches.” 

Proponents of the administration believed the plaintiff’s civil rights outweighed potential First Amendment concerns. Rev. Barry W. Lynn, executive director of Americans United for Separation of Church and State, stated, “Clergy who are fired for reasons unrelated to matters of theology — no matter how capricious or venal those reasons may be — have just had the courthouse door slammed in their faces.”

The Obama administration’s lawsuit was supported by the ACLU, Americans United for the Separation of Church and State, the Anti-Defamation League, the NAACP Legal Defense and Education Fund, and People for the American Way, American Humanist Association, and several other organizations.

One Catholic organization, BishopAccountability.org, offered an amicus for the EEOC.

Justice Clarence Thomas offered a concurring opinion broadening the ministerial exception and stating the Church should be free to select its ministers entirely free of government regulation. The state, he wrote, should “defer to a religious organization’s good-faith understanding of who qualifies as a minister.” Justices Alito and Elena Kagan added in their concurrence that the term “ministers” should not be definitive, to assure Christian sects and non-Christian religions that have no notion of ordained ministry enjoy the same protections.

The issue is likely to come before the court again, as this ruling did not offer a blanket definition of who qualifies for the ministerial exception, or what other kinds of lawsuits may be allowed. Roberts ruled, “There will be time enough to address the applicability of the exception to other circumstances if and when they arise.” 

The case is Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission.


Advertisement
Featured Image
womenagainstfeminism.tumblr.com
Hilary White Hilary White Follow Hilary

Growing ‘Women Against Feminism’ movement draws fury

Hilary White Hilary White Follow Hilary
By Hilary White
Image

Critics of feminism have long said that it is entering the final stages of its long career, with more of its assertions about the nature of human sexual and social relations being contradicted by the evidence and fewer young people following its dictates every decade. But in the last few weeks, it seems that feminism’s last gasp is being used to direct insults at young women who are lining up to publicly reject and ridicule it.

The Tumblr site Women Against Feminism has started a social networking trend in which thousands of young women photograph themselves holding signs bluntly denouncing feminism, giving a sharp indication that the feminist brand has become poison to young, hip, and internet-savvy women.

Mainstream and journalistic feminists have lashed out at the site and its followers, entering into an online spat over the increasingly popular photos. The signs say, “I am not a victim,” and “This is what an anti-feminist looks like.”

They continue: “I am an adult who is capable of taking responsibility for myself and my actions. I define myself and derive my value by my own standards. I don’t need to be ‘empowered’. I am not a target for violence and there is no war against me. I respect me and I refuse to demonize them and blame them for my problems.”

The messages held by the women pinpoint with pithy and acerbic precision exactly the reasons given by many critics that the movement has lost favour with young people. They call it a creed of double standards that promotes victimhood and endorses bullying of anyone who critiques it.

The site’s explanatory page, which was taken down for unknown reasons in the last two days, said, “Feminists are the only people who lose their minds with rage when you tell them that women already have the same exact rights as men. That’s not good enough. They want more. They desperately want to be victims. They want a privileged social position.”

The author goes on to accuse feminism in general of systematic censorship, discrimination, elitism and “policing other women” who do not toe the line – as well as baseline misandry. The anonymous creator denounced feminism’s adoption of “abortion as ‘empowerment’”:

This opinion is unpopular, but I don’t agree that I need to have my baby scraped out of my uterus in order to feel empowered. But the abortion industry (i.e. Planned Parenthood) makes a ton of money off this perversion of empowerment. ‘Abortion as empowerment’ teaches women to see their wombs as nothing but garbage bins full of disposable waste.

One of the contributors wrote, “I don’t need feminism because my self-worth is not directly tied to my victim complex. As a woman in the western world I am not oppressed, and neither are you,” says one. Another: “I don’t need feminism because I don’t need to bully someone to share my opinions with others.”

Some come right out and say that feminism promotes exactly the evils it purports to fight against: “I don’t need feminism because I believe in equality, not entitlements and supremacy.”

Although the site and its contentious photos have been running around the internet for many months, arguments among journalism’s feminists started breaking out this week after a mocking Buzzfeed feature helped the site gain momentum on social media outlets.

Some feminist journalists simply flung insults. Lillian Kalish sniffed on Ryot, “These Women Who Think They Don’t Need Feminism Don’t Know What Feminism Is.” “Did these posters ever think to look up the actual definition of feminism?”

Nuala McKeever, in the Belfast Telegraph, called the women posting the photos “silly, ignorant, vacuous wee girls with absolutely no thoughts beyond their own self-absorbed inanities.”

Time Magazine’s Sarah Miller said, “I Really, Truly, Fully Hate ‘Women Against Feminism’—But…” Miller wrote, “[T]he tendency to see sexism everywhere is proof that feminism is healthy and vigilant, and that is not necessarily a bad thing, because misogyny is insidious and rampant… We need feminism.”

But Miller added, “Still, the pain that we experience as women—even physical—does not give us the right to tell people there’s one way to think or feel, or to assume that we have some god-like understanding of everyone’s motivations.”

Cathy Young, however, responded in Time, saying, “Stop Fem-Splaining: What ‘Women Against Feminism’ Gets Right.” She writes, “The charge that feminism stereotypes men as predators while reducing women to helpless victims certainly doesn’t apply to all feminists—but it’s a reasonably fair description of a large, influential, highly visible segment of modern feminism.”

The site, Young says, “raises valid questions about the state of Western feminism in the 21st Century — questions that must be addressed if we are to continue making progress toward real gender equality.”

Sarah Boesveld wrote in the National Post on Friday that the site shows that feminism has become “complicated” and “sometimes alienating.” She quotes an email sent to the paper by 22 year-old Australian Lisa Sandford, who “believes in equality for the sexes” but firmly rejects feminism as “rude and nasty” and intends to be a stay-at-home mother. 

Sandford wrote, “If feminism really accepted equality, they would not tell me my views are wrong, they would accept it and let me be.”

Browse the 'Women Against Feminism' archives here (warning: occasional strong language).


Advertisement
Featured Image
Shutterstock.com
Steven W. Mosher and Anne Roback Morse

,

Welcome Baby Filipino 100 Million!

Steven W. Mosher and Anne Roback Morse
By Steven W. Mosher and Anne Roback Morse

Population Research Institute welcomes the birth of little Chonalyn Sentino. Baby Chonalyn was born this past Sunday to parents Clemente and Dailin, and was feted in the Philippines as “Baby 100 Million.” PRI welcomes Baby Chonalyn as well, saying that she will be a blessing to her family, her community, and her nation.

The Philippines is one of the largest Catholic countries in the world, and its people value children. For this reason, it has been a target of the population controllers for decades. It was one of the countries singled out by Henry Kissinger’s National Security Council in 1974 for special “attention” and, more recently, has been bullied by the Obama administration into passing its first population control law. 

The bill, which was touted as being all about promoting “reproductive health,” was actually intended to drive down the birth rate. For example, section 15 requires that all couples receive a “Certificate of Compliance” from the local Family Planning Office before becoming eligible for a marriage license.

Some in the Philippines are decrying Chonalyn’s birth, repeating USAID’s talking points about the “dangers” of overpopulation. They welcome Chonalyn as an individual little girl, while simultaneously calling for future little girls and boys to be removed from existence.

The Philippine Star wrote that the birth symbolized a “large population that will put a strain on the country's limited resources.” Another paper cited the executive director of the official Commission on Population who bluntly said “We'd like to push the fertility rate down to two children per (woman's) lifetime.” And the Global Post cited “concerned advocates” who thought the current population was not a “complement with the country's economic growth.”

Click "like" if you are PRO-LIFE!

But many other Filipinos aren’t buying into the anti-people hysteria. Francisco Antonio, a Filipino Chemical Engineering graduate student at Yale, adamantly rebutted the notion that there are too many Filipinos, saying: “I celebrate life because population control is defeatism disguised as pragmatism. And because human creativity holds more potential for protecting this planet and its inhabitants than any other resource I know of.”

A Filipina currently living in California told PRI that she welcomed the transition of her country to 100 million persons: “Filipinos are not a burden to the world population, because we not only care for our own but also for others in the world. One of the greatest and most sought after exports of the Philippines is our skilled, motivated, and exemplary workforce. And these workers tirelessly cultivate their family and community abroad and in the Philippines. We are a very social and civic minded people. We care and share because it is part of our culture and we do it with a smile.”

 Ed, a Filipino accountant, also celebrated the birth of Baby Chonalyn: “The typical Filipino does not associate a baby with ‘cost’ or ‘expense’ but rather as a ‘blessing’ and a ‘gift.’ This is because Filipinos recognize that true happiness does not come from the accumulation of material wealth or prestige, but rather, from true, genuine, and strong relationships with other people. [Filipinos] value life, not because the Church says or the Pope says so, but because they recognize it to be true. And the truth about the value of life, will continue to shine, long after the debates are over.”

It goes without saying that we at the Population Research Institute also welcome Chonalyn’s birth. We need more Filipinos, not fewer. 

Reprinted with permission from Pop.org.


Advertisement
Featured Image
John-Henry Westen John-Henry Westen Follow John-Henry

,

Two very different ways to respond to Pope Francis’ unrecorded interviews

John-Henry Westen John-Henry Westen Follow John-Henry
By John-Henry Westen

In the last few weeks another series of interviews with Pope Francis surfaced and have again left many Catholics scratching their heads.  Headlines all over the world had the Pope saying that two percent of priests are pedophiles, but is that what he said?  Even though the Vatican spokesman did issue a clarification, that question and others remain unanswered.

Critical reactions to these interviews have been interesting not even so much for their contents as from whom they arise.  These are the observations of some of the most faithful Catholic Church watchers today.  The folks pointing out these concerns are not, as many would assume, ‘“far right-wing-holier-than-the-Pope” types, but mainstream Catholics known for their loyalty to Pope Francis.

Phillip Lawler is the founder of Catholic World News, the first Catholic news service operating on the Internet. In part of his criticism of the most recent interview, he states: “Why was Pope Francis speaking with Scalfari without having first established clear ground rules for the conversation—rules that would certainly include recording and verification of any quotes?”

(To comprehend the situation accurately it is necessary to have an understanding of the man whom the Pope has allowed to interview him.  Eugenio Scalfari is relatively unknown in the West even after the fanfare of his papal interviews. LifeSiteNews has produced this piece to assist that understanding.)

Lawler recalls: “Back in October the Vatican had been embarrassed by an ‘interview’ in which [Scalfari’s] reconstructed quotes caused an uproar, and the Vatican press office was forced to issue an awkward ‘clarification’ which only added to the confusion.”

In addition to that clarification of the October Scalfari interview, the confusion and uproar got so bad that the Vatican removed the interview from their website, where they had it posted in the section containing the Pope’s speeches. Interestingly, that interview resurfaced two weeks ago on the Vatican website only to be removed again after a new round of criticism.

A blogger at the EWTN-owned National Catholic Register offered an observation similar to Lawler’s but with a little more bite. Pat Archbold writes, “The internet is once again abuzz with the second-hand hearsay of an unrecorded Papal interview.” Archbold advises his readers with characteristic sarcasm, “So pay no attention to those crazy and outlandish anti-Catholic headlines tearing up your RSS feed.  Just ignore them and hope they will soon go away, just like unrecorded Papal interviews.”

A second unrecorded conversation with the Pope makes news

Another write-up of an encounter with Pope Francis also caused a stir.  Brian Stiller, an Evangelical leader from Toronto was part of a delegation of Evangelical Christians who met with Pope Francis earlier this month. In his July 9 account, Stiller puts in quotes this statement he attributes to the Pope: “I’m not interested in converting Evangelicals to Catholicism. I want people to find Jesus in their own community.  There are so many doctrines we will never agree on. Let’s not spend our time on those. Rather, let’s be about showing the love of Jesus.”

That led noted priest-blogger Father Dwight Longenecker to first caution that the quotes are “Brian Stiller’s memory of the conversation.” 

Then with the caveat of not actually knowing the whole conversation, Fr. Longenecker says “it would not be unusual for a Catholic priest of Pope Francis’ generation to feel that way.”  He explains that he has “heard from numerous convert clergy over the years who said when they went to their local Catholic priest and expressed the wish to become Catholic the priest told them it wasn’t necessary and that they could do much more good to Christ’s kingdom and the Catholic church by staying where they were and evangelizing within their own denomination.”

“Now this strikes me as rather troublesome on several levels,” says Longenecker. He notes he had himself once used that line with a Protestant friend, to which his friend replied, “You don’t want to convert me? Why not? I don’t have much respect for your religion if you think so little of it that you don’t want me to share it!”

“He basically called me out on what was a little lie on my part. I wanted to be nice to him [so] I said I didn’t want to convert him. He said our discussion would be much better if I admitted that I did want him to become Catholic. He was right. I did. I still do.”

Inside the Vatican

Vatican journalist Edward Pentin has reported that unnamed “Vatican officials are uneasy and perplexed” about the interview. Pentin began reporting on the Vatican as a correspondent with Vatican Radio in 2002 and has since covered the pope for a number of publications, including Newsweek and The Sunday Times.

“The officials’ discomfort also extends to the Pope’s spontaneous telephone calls to strangers, a couple of which implied he deviated from Church teaching but, being private and unrecorded conversations, are difficult to verify,” he wrote for Newsmax.

From the outset of the Francis pontificate, there were these unrecorded and yet published interviews – the first was from a meeting with Latin American religious leaders in June 2013.  That was the one that had Pope Francis speaking of the existence of a “gay lobby” in the Vatican and also about being concerned about Catholics who would count rosaries to offer prayer bouquets.

At the time LifeSiteNews published nothing on that first unrecorded interview even though almost all other news services did.  Shortly thereafter I was at the Vatican inquiring about that unrecorded but reported-on encounter and was assured by various Vatican insiders that the communication was not accidental but intended – to me at the time a rather startling revelation.

But that same assessment came later from another Vatican quarter, a man who speaks German as does the pope and also shares the pope’s religious order.  “Francis knows exactly how power is spelled,” said Bernd Hagenkord, a Jesuit who is in charge of German programming for Vatican Radio in a May interview with The Atlantic. “He’s a communicator in the league with Mother Teresa and the Dalai Lama. They say he’s being unclear, but we know exactly what he means.”

Two different ways to respond

One of the most disturbing outcomes of these ‘interviews’ is that the words and interpretations of what is being said by the Pope, while they may be clear for the German Jesuit, are remarkably unclear for the vast majority of Catholics.  Catholics who know well their faith, its moral teachings, and the reason for them are few and far between. They are able to discern that the Pope cannot mean to undermine Church teaching; that those teachings are unchangeable.

But most people are taken in by the media’s false interpretation that ‘who am I to judge’ involves a new acceptance of homosexuality; the false possibility for legitimately-married Catholics to divorce and remarry outside the Church and still receive Communion; the idea that the Church should quiet down on her teachings on abortion, contraception, and same-sex “marriage.”  All of those false conclusions were drawn from previous Francis interviews.

Click "like" to support Catholics Restoring the Culture!

There are two ways forward for faithful Catholics in such a situation.  One way – a way that is most tempting - was recently recognized as a growing tendency by blogger Father Ray Blake. “Most Catholics but especially clergy want to be loyal to the Pope in order to maintain the unity of the Church,” he said.  “Today that loyalty is perhaps best expressed through silence.”

In leading up to that observation, Blake noted that in the previous pontificate “there was a solidity and certainty in Benedict's teaching which made discussion possible and stimulated intellectual honesty, one knew where the Church and the Pope stood.”  He added, “Today we are in less certain times, the intellectual life of the Church is thwart with uncertainty.”

However, Vatican Cardinal Raymond Burke suggested a different approach recently. According to Burke, who serves as head of the Vatican’s highest court, the Apostolic Signatura, the pope has made a strategic decision to focus on making the Church appealing, and thus bishops and priests “are even more compelled to underline these teachings (on life and family) and make them clear for the faithful.”

He told EWTN’s Raymond Arroyo, “The Holy Father has said on different occasions that he expects that bishops and priests are doing this teaching while he’s trying to draw people closer and not have them use [these doctrines] as their immediate excuse for not coming to the faith.”

Cardinal Burke’s strategy confronts the culture head-on even on the most difficult issues.  He sees that the often-used but failed tactic of avoiding difficult situations, of obfuscating or compromising on moral issues as worse than useless.

When truth is pushed aside for political correctness, to fulfill ideals of civility or to achieve false unity and false peace, the world is harmed by the lack of truth the Church is called to bring to it.

When truth is boldly proclaimed and held to, despite persecution, even the enemies of truth are forced to see that the opponents of their secular or liberal ideologies truly believe their teachings and are willing to suffer for them. This eventually generates a degree of respect from some of the critics and an openness to re-consider their own flawed positions.


Advertisement

Customize your experience.

Login with Facebook