Gerard V. Bradley

What’s behind the HHS mandate?

Gerard V. Bradley
By Gerard Bradley
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June 13, 2012 (thePublicDiscourse.com) - What do the University of Notre Dame, EWTN, and the Archdiocese of New York have in common?

More than you probably think. Each is a Catholic institution, of course. Each is also suing the Obama Administration over the HHS “contraception” mandate. Each is going to be spared the Hobson’s choice between complying with the mandate and betraying its mission if any one of four possible scenarios comes to pass. Each nonetheless continues to stand in grave peril of institutional martyrdom.

The first scenario will play out by June 29, the last day of the current Supreme Court term. If the Court throws out the whole Patient Protection and Affordable Care Act (PPACA), the mandate will go with it. The reason is not that the pending decision is about contraception or religious liberty. It is that the mandate depends entirely for its force upon the survival of PPACA.

The second scenario will go down on November 6. If Mitt Romney is then elected our next president, you can be sure that he will soon thereafter announce his intention to rescind the mandate.

The chances that one of these two scenarios will occur are pretty high. The chances that the Obama administration will fare poorly in the pending lawsuits (by Cardinal Dolan, et al.) are pretty high, too. When those dim prospects become apparent to the administration, it is likely—and this is the third scenario—to invite the complaining Catholic institutions to the bargaining table, to significantly expand the current wafer-thin exemption from the mandate. But if the administration imprudently digs in its heels, some time in 2014 the Supreme Court is likely to rule that the exemption must be expanded in order to comply with the Religious Freedom Restoration Act. That would be scenario number four.

Because it is almost certain that at least one of these possibilities will come to be, the day of reckoning for Notre Dame, Mother Angelica, and Cardinal Dolan will be postponed.

I say “postponed,” and not “canceled,” advisedly. The ideological commitments that have emboldened the Obama administration about contraception are deeply held. They are held to be very important. They are resilient. They are not limited to the reproductive rights supposedly protected by access to contraception, even when contraception is broadly defined to include abortifacient drugs. These deep convictions about liberty and equality and religion entail trouble for religious liberty, no matter which exit route the present mandate takes.

I say “entail” advisedly, too. Religious liberty in the new dispensation is derivative of these deeper moral and (as we shall see) epistemological commitments. Religious liberty is, from this point of view, an afterthought, a residue which is unfortunately too vaporous to protect Catholic institutions from existential crises.

What are these ideological commitments? There are three of special note.

The first is dedication to advancing the ideology of “equal sexual liberty.” This powerful complex of ideas comes in both straight and “gay” versions.

When President Obama announced his phony “compromise” about the mandate on February 10, he plainly stated what the mandate was for: “Every woman should be in control of the decisions which affect her health. Period.” Given the context of these remarks, Obama meant, specifically, what is usually called “reproductive health.” His overriding commitment to this reproductive health—evidenced by, for example, the “contraception” mandate—presupposes that women will and should have lots more sexual intercourse than they have interest in conceiving children. According to this widespread view, sexual license should never impede a woman’s lifestyle, at least no more than it does a man’s. Marking the most recent anniversary of Roe v. Wade, the President said that “our daughters must have the same opportunities as our sons.” Obama’s notion of equal opportunity extends to the bedroom as well as to the boardroom.

Catholic Charities in Boston and Washington, D.C., already have been martyred by the “gay” version of “equal sexual liberty.” They were obliged to abandon their adoption charities when public authority refused to accommodate their objections to same-sex “marriage.” Right now, Catholic schools in Ontario are being bullied by an “anti-bullying” law that compels parochial schools to set up “Gay-Straight Alliances.” These clubs would contradict the sexual morality that every Catholic institution is obliged before God and the Church to teach, by word and by deed. Were they to comply with this “bullying” law, Ontario’s Catholic schools could not give the perspicuous witness to the faith that is their raison d’etre, just as America’s Catholic schools could not, were they to comply with the Obama Administration’s “contraception” mandate.

This far into the Age of Aquarius, no more needs to be said about the meaning and seductive appeal of “equal sexual liberty.” It is the emerging public orthodoxy about where sexual satisfaction, expression, and identity fit into the good life, and about the government’s responsibilities to establish conditions that make this life achievable for all with ease. This orthodoxy commands the cultural heights and has achieved ascendancy in the academy. We are in the midst of a high-stakes fight over its grip on our law. The outcome of this battle is in doubt.

It is easy to see already that “equal sexual liberty” is a natural predator of Catholic institutions, which are standing contradictions of almost all that the new orthodoxy proposes. What is not so apparent, however, is why the new orthodoxy has so totally eclipsed considerations of conscience, tolerance, and liberty in the thinking of self-identifying liberals such as Barack Obama. It is scarcely surprising that he and other like-minded officials are beguiled by “equal sexual liberty.” It is nonetheless curious that they should so remorselessly subordinate religious liberty to the new ideological colossus. One would think that our cherished “first freedom” would have a bit more staying power.

Looking at what Obama and like-minded folks think about religion dispels the curiosity. I do not mean here to consider their opinion about the value of religion, which value Obama (for example) affirms to be very high. I refer instead to their understanding of religion’s relationship to certain strategic moral propositions, and to the truth-value of religious claims as such.

Hence, the second ideological commitment is to treat the moral propositions that undergird the conservative alternative to “equal sexual liberty” as subjective religious beliefs incapable of rational defense. These include the propositions that people begin at fertilization; that marriage is strictly limited to the union of man and woman; and that the norms of sexual morality are many and that they are rooted in the marital relation. These propositions combine to refute the emerging orthodoxy of “equal sexual liberty.” Being propositions about morality, moreover, they are asserted by their adherents as truths of reason, albeit truths that are confirmed by religious authorities and by revelation.

Promoters of the new orthodoxy nonetheless boldly declare these claims to be “religious beliefs,” tout court. They just as boldly declare that, because they are “religious beliefs,” these claims are rationally indefensible. They may be held by the faithful as if they are genuine truths. But in reality these putative truths are subjective projections, verbal formulae which may function as the ligaments of a community, as so many fallible and revisable expressions of the ineffable depths of spiritual experience. They are badges of individual or religious communal identity. Because they are rationally indefensible, they are to be perceived and to be treated by outsiders as prejudice. Religious “doctrine” is thus a species of bias. So, the Church’s moral condemnation of sodomy and opposition to same-sex “marriage” amount to hallowed homophobia.

The third commitment is to identify the public value of institutional ministries, such as Catholic Charities and Saint-Somebody Hospital, entirely with the “secular” services they offer. Adherents of the new orthodoxy can and often do recognize the value of these organizations’ religious identity—to the religious people who staff them. Anyone can see that religion supplies added motivation, enthusiasm, and meaning to many of those working in these ministries. But these peculiar satisfactions are construed by the new orthodox to be private; they are personal delights that do not register as any sort of public good. The public value of these ministries is comprised of just so many hot lunches prepared, heart bypasses performed, and reading competency tests passed. Viewed from the public square, then, these organizations’ religious character is invisible. Being invisible, it cannot have measurable value. Having no detectable value, it cannot serve to justify any allowance that would impair the government’s provision of conditions conducive to “equal sexual liberty.” So, exempting Catholic Charities from placing kids with a “gay” couple is a concession to private bias that is productive only of public mischief, insult, net loss.

An English Law Lord recently expressed this sum of the three orthodox commitments, in a case where he denied relief to a relationship counselor who could not in good conscience endorse the sexual activities of same-sex couples. Lord Justice Laws declared that any exemption would be “unprincipled,” for it would not “advance the general good on objective grounds, but … give effect to the force of subjective opinion.” How so? Laws asserted that it “must be so, since in the eye of everyone save the believer religious faith is necessarily subjective, being incommunicable by any kind of proof or evidence. It may of course be true; but the ascertainment of such a truth lies beyond the means by which laws are made in a reasonable society.” Against the demands of “equal sexual liberty” for homosexuals and lesbians, solicitude for the opaque commitments of the religious subject count for nothing.

It is natural, and right, to say that the HHS mandate undermines religious liberty. But it is important to add that this argument about religious liberty is more about the adjective than it is the noun. It is chiefly an argument about whether religion is about reality, truth, the way the cosmos is really structured, or whether it is about the byways of an individual’s psyche.

Gerard Bradley is Professor of Law at Notre Dame Law School and a senior fellow of the Witherspoon Institute. This article reprinted with permission from thepublicdiscourse.com.

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Douglas Dewey

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Cardinal Dolan, please step down as Grand Marshal: an open letter

Douglas Dewey
By Douglas Dewey

Editor’s Note: A well-connected parishioner in the Archdiocese of New York wrote the following open letter to New York Cardinal Timothy Dolan in response to the cardinal’s defense of his decision to serve as Grand Marshal in the 2015 Saint Patrick’s Day Parade. For full context, see the cardinal’s column here.

Your Eminence,

Thank you for devoting your September 17 column to clarifying your response to the recent decision to allow OUT@NBCUniversal to march in the Saint Patrick’s Day Parade. Much as it pains me to say it, I am even more concerned now than I was before.

In your explanation, you reiterate your insistence that you don’t control who is allowed to march in the parade, that this has always been the decision of the Parade Committee. No doubt, although that didn’t seem to prevent Cardinal O’Connor from stepping up and publicly opposing the identical request, in the not-too-distant past. Either way, it begs the bigger point: this is the kind of response we might expect from a politician, not a shepherd. It is hard to imagine William Wallace explaining to his countrymen that Edward Longshanks “did not ask my approval, nor did he need to” on whether to institute prima nocta. Sorry lads, out of my hands.

Had you stopped there, and said nothing more, at least those of us who want to be faithful and stand by our bishop could have, in charity, assumed there was more to the matter and trusted in your discretion. But you went two steps further. First, you insisted that the Parade Committee’s decision to include openly homosexual groups was not a cause for you to step down as Grand Marshal, and secondly, you commended the committee’s policy change saying, “I have no trouble with the decision at all...I think the decision is a wise one.” 

Honestly, Your Eminence, when I read this I felt like I had been punched in the stomach by my own father. The emotional blow was greater than the physical could ever have been. 

Regarding your statement that the decision was “wise,” you cite the committee’s worry about a seemingly invincible perception that the parade’s policy was biased and discriminatory, even though you believed the policy was neither. If this be so, surely the only response is to continue to speak the truth with clarity and charity—till kingdom come, if necessary. Acceding to what is false abets falsehood.

But let’s allow that somehow, some avoidable harm is done by the perception of some that the parade’s policy is unfair. I would argue that such a “scandal” is a piker compared to the one that you have now brought upon us. That is, the scandal of dereliction: the perception—however incorrect—that a prince of the Church is backing away from bedrock Catholic teaching, or is reluctant to uphold it. You said the most important question you asked yourself was whether the new policy “violate[s] Catholic faith or morals.” Indeed. Even assuming it does not, was equal consideration given to the potential for creating new scandal among the faithful, as was given to addressing the sensitivities of those who, for the most part, oppose or are indifferent to Church teaching?

Because here’s how the “messaging” is working out here in the vineyard, with help from the secular press: this is one more sign that the Church is gradually redefining its teaching on sexuality. It’s getting with the program. This false message will reach a crescendo on March 17, 2015, when you preside as Grand Marshal: the TV broadcast will use a split screen to show the smiling and waving Grand Marshal, leader of the American Church, on one side, and gay-identifying marchers under gay-identified banners, on the other. I can only guess what the New York Post will put on their cover the next morning. The point is, as unfounded as this message might be, it does and will press hard on the hearts of the faithful, sowing confusion and discouragement. I have yet to speak to a single Catholic who isn’t profoundly discomfited by your response. Not one. And wasn’t the decision to change the parade’s policy based upon addressing a stubborn, but false, perception?

As a vexing side note, perhaps the most ill-served of all by this new scandal are those who are contending bravely against the affliction of same-sex attraction, who may well see—or want to see—this as an invitation to give up the struggle to be chaste.

Which brings us to identity, and the most perplexing part of your explanation: the jaw dropping claim that “while actions are immoral, identity is not!” [Your exclamation point]. The best I can construe here is that you intended to say “predilection” or “proclivity,” not identity. We are all sinners called to repentance, with different predominant vices. But we know that any sinful tendency, whether by genetic predisposition or choice, can be overcome through cooperation with grace. To identify oneself with one’s sin is not to repent of it but to become it. To call yourself “gay” means you do it. To march under a banner with that word means you’re proud of it. This is a fact almost too elementary to labor. Surely Your Eminence is not the only one in New York who understands that any group calling itself OUT is, like the magazine, an advocate.

By your reasoning, the Parade Committee must also include pick pockets, pedophiles and prevaricators of Irish ancestry—even if they have not come up with a nice euphemism for their favorite vice. That is, of course, as long as they are just identifying, not advocating. You wrote, “if the Parade Committee allowed itself to publicize its advocacy of any actions contrary to Church teachings, I would object.” Well, there are your grounds for objecting. If you doubt me, why don’t you meet with some members of OUT@NBCUniversal and ask them if they are proud of their lifestyle and would encourage anyone with same-sex attraction to embrace it. (And while you’re at it, you might ask how many of their members are of Irish ancestry.)

I happen to right now be reading Whittaker Chambers’ majestic apologia, Witness. In the opening chapter, written as a letter to his beloved children, he defines a witness as “a man whose life and faith are so completely one that when the challenge comes to step out and testify for his faith, he does so, disregarding all risks, accepting all consequences.” Right now, Iraqi Christians are witnessing to their faith by suffering bloody martyrdom. Like all people of good will, I am horrified by the stories and images I see. But I am also edified by their courage. I entreat you as our shepherd, to be a witness for your flock. In these daunting days, we need a Braveheart. 

Please prayerfully reconsider your statements, decry the committee’s decision, and step down as Grand Marshal. 

Respectfully yours in Christ,

Douglas Dewey

Douglas Dewey works in the health care field and formerly worked in the financial industry in Manhattan. He and his wife have ten children and attend Mass at Holy Innocents Parish in Pleasantville, New York.

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Are you praying for the upcoming Synod on the Family? You should be, and here’s why

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

Catholics, and all Christians who value family values, should be praying earnestly for the Catholic Church as a struggle over critical family issues is coming to a head in the run-up to the Extraordinary Synod on the Family, which takes place October 5-19. 

Augmenting the concerns is the fact that some of the cardinals closest to Pope Francis himself are increasingly in public disagreement over crucial matters related to faith and family. For some, the concerns reach right to the pope himself.

While Synod preparations have been going on for a year, Sunday’s weddings of 20 couples in St. Peter’s Basilica by Pope Francis presented a figurative, and perhaps foreboding launch.

In a press release prior to the ceremony, the Rome diocese inexplicably went out of its way to highlight the fact that some of couples the pope was going to marry were cohabiting. "Those who will get married Sunday are couples like many others,” it said. “There are those who are already cohabitating; who already have children.”

Unsurprisingly, the mainstream press took the bait and seized upon this statement to run headline after headline pushing the confusing notion that the event was a prelude to, or evidence of, a change in Church teaching on marriage.

Headlines like: 

All I can do is pray that the public fallout from these wedding ceremonies does not foreshadow the public outcome of the Synod. If so, we could be headed for a tragedy akin to the tragedy of the late sixties when, despite the proclamation of the truth of Humanae Vitae against contraception, the effect among ordinary Catholics was a near universal rejection of the teaching in practice.

What to expect at the Synod

The official list of those taking part in the Synod includes 114 presidents of Bishops’ Conferences, 13 heads of Eastern Catholic Churches sui iuris, 25 heads of the dicasteries of the Roman Curia, nine members of the Ordinary Council for the Secretariat, the Secretary General, the Undersecretary, three religious elected by the Union of Superiors General, 26 members appointed by the Pontiff, eight fraternal delegates, and 38 auditors, among whom are 13 married couples and 16 experts.

You’ve undoubtedly heard of Cardinal Kasper’s intervention at the Consistory of Cardinals earlier this year, in which he laid out a contentious proposal to allow Catholics who have been divorced and then ‘remarried’ outside the Church to receive Communion. 

Since then a bevy of heavy-hitter cardinals have fought that proposal, including:

Today, however, Cardinal Kasper said the “attacks” from these cardinals were not so much directed at him but at Pope Francis, since, claims Kasper, he discussed his intervention with the pope and gained his approval.

The claim has some basis, since the day after Kasper made the proposal, before it was made public, Pope Francis praised it publicly.  According to Vatican Information Service, the Holy Father said:

I read and reread Cardinal Walter Kasper's document and I would like to thank him, as I found it to be a work of profound theology, and also a serene theological reflection. It is pleasant to read serene theology. And I also found what St. Ignacius described as the 'sensus Ecclesiae', love for the Mother Church. ... It did me good, and an idea came to mind – please excuse me, Eminence, if I embarrass you – but my idea was that this is what we call ‘doing theology on one's knees’. Thank you, thank you.

Of note, Vatican correspondent Sébastien Maillard, writing for France’s La Croix, reports today that Pope Francis is “irritated” by the release of a book containing criticisms of the Kasper proposal by five cardinals.

As LifeSiteNews.com reported yesterday, one of those authors, Cardinal Raymond Burke, is being demoted from his headship of the Apostolic Signatura. The only post planned for the 66-year-old cardinal thus far is patron of the Order of Malta. 

Cardinal Burke’s pre-Synod interventions go beyond the divorce and remarriage question and into the matter of homosexuality.  In a recent interview Cardinal Burke gave a clear refutation of the misuse of Pope Francis’ famed ‘Who am I to judge’ quote to justify homosexuality.

While the issue of the Church’s teachings on homosexuality is seldom raised in reference to the Synod, with most of the emphasis being placed on the question of divorce and remarriage, it is mentioned in the working document, or ‘Instrumentum Laboris’, of the Synod.

As with the matter of divorce, no doctrine regarding homosexuality can be changed, but much confusion can still be sown under the auspices of adjustments to “pastoral” practice. Without a clear teaching from the Synod, the effects could be similar to the shift in “pastoral” practice among dissenting clergy after the promulgation of Humanae Vitae, which led to the use of artificial contraception by most Catholics.

Already and for many years there has been de facto broad acceptance of homosexual sexual practices in many Catholic schools, universities and many other institutions, with many staff being active homosexuals in open defiance of Catholic moral teaching.

Regarding the Synod’s deliberations on homosexuality, it does not bode well that one of Pope Francis’ personal appointees to the Synod is retired Cardinal Godfried Danneels.  The selection is remarkable because of Danneels was caught on tape in 2010 urging a victim who had been sexually abused by a bishop-friend of Danneels, to be silent.  Then, only last year Danneels praised as a “positive development” that states were opening up civil marriage to homosexuals.

Then, just this week, as reported on the Rorate Caeli blog, one of the three Synod presidents gave an interview with the leading Brazilian newspaper in which he said that while stable unions between homosexual persons cannot be equated to marriage, the Church has always tried to show respect for such unions.

The statement matches that of another prominent Synod participant, Vienna’s Cardinal Christoph Schönborn, who in 2010 spoke of giving more consideration to ‘the quality’ of homosexual relationships. “We should give more consideration to the quality of homosexual relationships. A stable relationship is certainly better than if someone chooses to be promiscuous,” Schönborn said.

In the end, while there is currently a public battle in the Vatican that is unprecedented in modern history, the faith will not and cannot change.  As faithful Catholics, and Christians, we must cling to the Truths of Christ regarding the family and live them out in our own lives first and foremost.  That is difficult, to be sure, especially in our sex-saturated culture, but with Christ (and only with Him) all things are possible. 

Plead with heaven for the pope and the bishops in the Synod.  LifeSiteNews will be there reporting from Rome, and, with your prayers and support, be of service to those defending truth.

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Cardinal Dolan greets worshipers and guests on the steps of Saint Patrick's Cathedral in Manhattan after Easter mass on April 8, 2012 in New York City. Lev Radin / Shutterstock.com
Lisa Bourne

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Catholic leaders criticize Cardinal Dolan’s defense of gay group at St. Patrick’s Parade

Lisa Bourne
By Lisa Bourne
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New York Cardinal John O'Connor on the cover of the New York Post on January 11, 1993. http://rorate-caeli.blogspot.com/

New York Cardinal Timothy Dolan defended his decision to serve as grand marshal for the 2015 St. Patrick’s Day Parade on Wednesday, in the wake of widespread criticism from Catholics after he praised the organizing committee for allowing a homosexual activist group to march.

“If the Parade Committee allowed a group to publicize its advocacy of any actions contrary to Church teaching, I’d object,” Dolan stated in his weekly column. On the contrary, he argued, “The committee’s decision allows a group to publicize its identity, not promote actions contrary to the values of the Church that are such an essential part of Irish culture.”

Austin Ruse, president of the Catholic Family and Human Rights Institute, was not impressed with the cardinal’s argument. This is precisely about publicizing advocacy contrary to Catholic teaching,” he said.

“As a Catholic father I find there is rapidly contracting space where this shameful agenda is not stuck in the faces of my children,” Ruse told LifeSiteNews. “The Church should be protecting our children rather than abetting those who prowl about the world seeking the ruin of innocent souls."

Pat Archbold, a popular blogger at the National Catholic Register and who runs the Creative Minority Report blog, lambasted Dolan for suggesting the embrace and promotion of “gay identity” can be separated from the sin of homosexuality.

“This identity is not a morally-neutral God-given attribute such as male or female, black or white,” he said. “The identity is with the immoral choice to engage in immoral behavior.”

“The best that can be said in this situation is that these people choose to proudly identify themselves with an intrinsic disorder.  But in reality, it is worse than that,” he continued. “The people find their identity and pride in sin.  Either the Cardinal knows this or he doesn't, either way Cardinal Dolan reveals himself unequal to his responsibility as a successor of the Apostles.”

The parade committee changed its longstanding policy on September 3 after decades of pressure from homosexual groups. Upon being announced as the parade’s grand marshal later the same day, Cardinal Dolan said he had no trouble with the decision at all, calling it “wise.”

The organizers had never prohibited any marchers, but did not ban issue-focused banners and signs, whether promoting homosexuality or the pro-life cause.

Cardinal Dolan stated in his column Wednesday that he did not oppose the previous policy.

“This was simply a reasonable policy about banners and public identification, not about the sexual inclinations of participants,” he explained.

“I have been assured that the new group marching is not promoting an agenda contrary to Church teaching,” he said as well, “but simply identifying themselves as ‘Gay people of Irish ancestry.’”

The homosexual activist group that will march is called OUT@NBCUniversal, which describes itself as the employee resource group for LGBT & Straight Ally employees at the media giant.

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The network held the broadcast contract for parade coverage. Reports indicated the contract was about to expire, and that NBC joined in pressuring on parade officials.

Cardinal Dolan conceded in his column there were many thoughtful reasons for criticizing the parade policy change, and noted that he shared some of them.

“While a handful have been less than charitable in their reactions, I must admit that many of you have rather thoughtful reasons for criticizing the committee’s decision,” he said. “You observe that the former policy was fair; you worry that this is but another example of a capitulation to an ‘aggressive Gay agenda,’ which still will not appease their demands; and you wonder if this could make people think the Church no longer has a clear teaching on the nature of human sexuality.” 

However, he said, the most important question he had to ask himself was whether the new policy violated Catholic faith or morals.

In stressing that homosexual actions are sinful while identity is not, Cardinal Dolan said, “Catholic teaching is clear: ‘being Gay’ is not a sin, nor contrary to God’s revealed morals.”

Making opinion paramount, the cardinal offered that the parade committee “tried to be admirably sensitive to Church teaching,” and even though the original policy was not at all unfair, the committee was “realistic in worrying that the public perception was the opposite, no matter how often they tried to explain its coherence and fairness.”

“They worried that the former policy was being interpreted as bias, exclusion, and discrimination against a group in our city,” Cardinal Dolan wrote. “Which, if true, would also be contrary to Church teaching.”

When the decision was announced and Cardinal Dolan named the parade’s grand marshal, Philip Lawler, director of Catholic Culture and editor for Catholic World News, called it a significant advance for homosexual activists, and a significant retreat for the Catholic Church.

Pointing out in his column that the media will be correct to concentrate on that narrative at next March’s event, Lawler identified what he said is almost certain to be the result of the 2015 St. Patrick’s Day Parade.

“Next year there will be only one story-line of interest to the reporters who cover the annual parade in the world’s media capital: the triumph of the gay activists,” Lawler wrote.

“Photographers will be competing for the one ‘money’ shot: the picture of the contingent from OUT@NBCUniversal marching past the reviewing stand at St. Patrick’s Cathedral, under the benign smile of Cardinal Timothy Dolan.”

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