Gerard V. Bradley

An oasis in the madness: faith-based dorms at public universities

Gerard V. Bradley
By Gerard Bradley
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October 16, 2013 (Public Discourse) - If incongruity is the basis of humor, then the modern university is a pretty funny place.

College students are inundated these days with the Gospel of Service. Campus leaders great and small hector them: spend spring break in Appalachia; be a Big Brother or Big Sister to a poor kid in town; do an “urban plunge” in the Bowery (or someplace like the Bowery used to be).

Good point: today’s students are all too often self-centered, pampered, and take their affluence (that is, their parents’ money) for granted. But what do the colleges do the rest of the time? Tell these same students that they are the brightest ever, see to their every need, and immerse them in affluence—from the smorgasbord in the dining hall to the spa-like workout facilities. Except for having a roommate you might not like, life at the “U” is better than taking a cruise. The “U” can’t sink.

Dormitories are hives of behavior modification and thought policing, even as the adults on campus dance on the grave of in loco parentis and sing the psalm of academic freedom. “Orientation” speakers make sure all the incoming students get their minds right about “diversity” and “respecting difference.” Well, at least some differences, or maybe none: “straight,” “gay,” “queer,” “trans,” or “bi” are (all join the refrain now!) “fine by me.”

The mantra is pretty much the same across the board. Many students arrive at college with beliefs about God, marriage, family, and sexual morality that they hold as true. Because students hold varied and sometimes incompatible beliefs about these important matters, they arrive at school with real differences. Yet colleges do not respect these differences at all; they are treated instead as sources of intolerance and even violence.

The collegiate orthodoxy is that religion and these other moral beliefs are matters of private (read: subjective, unverifiable) opinion. They are not the kinds of things that could be either true or false. They are manifestations of experience, feelings, and even one’s peculiar genetic make-up. Properly understood, they make no more difference than that between a taste for Thai or Mexican food. And that is the Truth about “truth.”

The New York Times last month reported on an anomaly. This one is edifying and welcome: a Christian dorm at a public university! Troy University—Alabama’s third-largest public university—opened “a roomy 376-bed dormitory that caters to students who want a residential experience infused with religion.” The “Newman Center” was established by a private Catholic development company. It is modeled on the flourishing center of the same name at the University of Illinois. The same company recently opened another dorm at Texas A&M, as well as at the private (and non-religious) Florida Institute of Technology. More “Newman Halls” are planned.

It is a worthy undertaking, and long overdue. Troy’s new dorm is open to residents of all faiths. In fact, most residents are non-Catholic Christians. Even so, it promises to be a source of strength and a platform for maturity for those who choose to live there.

Its greatest value is not that it would insulate residents from the indoctrination to which they would be subjected in other dorms. That would indeed be a benefit, but a greater good is existential. Newman Hall residents can support each other in prayer and in faith, and live among folks whose goal for the weekend is more sublime than getting drunk and hooking up.

Residents would thus be spared the pagan culture of the “U’s” other dormitories. More important, they would be spared the temptation, not only to join the debauchery, but to confess adherence to the college creed: “although porn and jello-shots are not for me, that stuff is okay for those who are so inclined.” This is the collegiate faith: the “right” and “wrong” of such matters is in the eye of the beholder.

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It is no anomaly that the strict-separationist watchdogs are unhappy about Troy. It is no surprise either that President Annie Gaylor, of the aptly named Freedom From Religion Foundation, thinks it is “very insidious.” Veteran First Amendment sentinel Charles Haynes says that faith-based dorms are a “constitutional mistake.” He opines that a “university really can’t take sides in religion, especially in a way that gives certain benefits to people of faith.”

Haynes’ is the mistake. Universities maintain chapels, and they have religion departments. For decades they have cooperated fruitfully with churches and other religious groups to make services available on campus or near student living quarters. A public college that simply said “no” to “giving certain benefits to people of faith” would itself be making a “constitutional mistake.”

The most pertinent Supreme Court precedents establish that religion must be treated no worse than other comparable viewpoints and activities. So, any university that set up other “values” or “identity” dorms—“green” or Africana or international or LGBTQ-friendly—would almost certainly act unconstitutionally if it flatly refused a proposal for a “faith-based” dorm.

In any event, the Times’ report missed the two larger points. One is that, even if a public university demurred, nothing in the law would inhibit developers’ acquisition of a near-campus parcel for the next Newman Hall. The second: nothing in the law would prevent a private university—Princeton, Duke, Notre Dame, Wheaton, or BYU, for example—from erecting a faith-dorm. Many have.

America’s Catholic philanthropists, bishops, and parents should take special note of this important experiment. It is no secret that the great majority of our country’s 225 “Catholic” colleges and universities are little more than nominally so. The student population at many of these schools is predominantly non-Catholic.

Meanwhile, about 85 percent of the Catholics enrolled in higher education are enrolled in non-Catholic institutions. The project of helping America’s young Catholics achieve an adult faith, therefore, is very largely the project of catechizing these young people.

Reprinted with permission from Public Discourse


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Quebec groups launch court challenge to euthanasia bill

LifeSiteNews staff
By LifeSiteNews staff

As announced when the Quebec legislature adopted Bill 52, An Act respecting end-of-life care, the citizen movement Living with Dignity and the Physicians’ Alliance against Euthanasia, representing together over 650 physicians and 17,000 citizens, filed a lawsuit before the Superior Court of Quebec in the District of Montreal on Thursday.

The lawsuit requests that the Court declare invalid all the provisions of the Act that deal with “medical aid in dying”, a term the groups say is a euphemism for euthanasia. This Act not only allows certain patients to demand that a physician provoke their death, but also grants physicians the right to cause the death of these patients by the administration of a lethal substance.

The two organizations are challenging the constitutionality of those provisions in the Act which are aimed at decriminalizing euthanasia under the euphemism “medical aid in dying”. Euthanasia constitutes a culpable homicide under Canada’s Criminal Code, and the organizations maintain that it is at the core of the exclusive federal legislative power in relation to criminal law and Quebec therefore does not have the power to adopt these provisions.

The organizations also say the impugned provisions unjustifiably infringe the rights to life and to security of patients guaranteed by the Canadian Charter of Rights and Freedoms and the Quebec Charter of Human Rights and Freedoms. They further infringe the right to the safeguard of the dignity of the person, which is also protected by the Quebec Charter.

In view of the gravity of the situation and the urgent need to protect all vulnerable persons in Quebec, they are requesting an accelerated management of the case in order to obtain a judgment before the Act is expected to come into force on December 10, 2015.


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Colorado baker appeals gvmt ‘re-education’ order

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By LifeSiteNews staff

A Colorado cake artist who declined to use his creative talents to promote and endorse a same-sex ceremony appealed a May 30 order from the Colorado Civil Rights Commission to the Colorado Court of Appeals Wednesday.

The commission’s order requires cake artist Jack Phillips and his staff at Masterpiece Cakeshop to create cakes for same-sex celebrations, forces him to re-educate his staff that Colorado’s Anti-Discrimination Act means that artists must endorse all views, compels him to implement new policies to comply with the commission’s order, and requires him to file quarterly “compliance” reports for two years. The reports must include the number of patrons declined a wedding cake or any other product and state the reason for doing so to ensure he has fully eliminated his religious beliefs from his business.

“Americans should not be forced by the government – or by another citizen – to endorse or promote ideas with which they disagree,” said the cake artist’s lead counsel Nicolle Martin, an attorney allied with Alliance Defending Freedom. “This is not about the people who asked for a cake; it’s about the message the cake communicates. Just as Jack doesn’t create baked works of art for other events with which he disagrees, he doesn’t create cake art for same-sex ceremonies regardless of who walks in the door to place the order.”

“In America, we don’t force artists to create expression that is contrary to their convictions,” added Alliance Defending Freedom Senior Legal Counsel Jeremy Tedesco. “A paint artist who identifies as homosexual shouldn’t be intimidated into creating a painting that celebrates one-man, one-woman marriage. A pro-life photographer shouldn’t be forced to work a pro-abortion rally. And Christian cake artists shouldn’t be punished for declining to participate in a same-sex ceremony or promote its message.”

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In July 2012, Charlie Craig and David Mullins asked Jack Phillips, owner of Masterpiece Cakeshop, to make a wedding cake to celebrate their same-sex ceremony. In an exchange lasting about 30 seconds, Phillips politely declined, explaining that he would gladly make them any other type of baked item they wanted but that he could not make a cake promoting a same-sex ceremony because of his faith. Craig and Mullins, now represented by the American Civil Liberties Union, immediately left the shop and later filed a complaint with the Colorado Civil Rights Division. The case now goes to the Colorado Court of Appeals as Masterpiece Cakeshop v. Craig.

“Jack, and other cake artists like him – such as those seen on TV shows like ‘Ace of Cakes’ and ‘Cake Boss’ – prepare unique creations that are inherently expressive,” Tedesco explained. “Jack invests many hours in the wedding cake creative process, which includes meeting the clients, designing and sketching the cake, and then baking, sculpting, and decorating it. The ACLU calls Jack a mere ‘retail service provider,’ but, in fact, he is an artist who uses his talents and abilities to create expression that the First Amendment fully protects."

Celebrity cake artists have written publicly about their art and the significant expressive work that goes into the artistic design process for wedding cakes.


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Prisoner of conscience Mary Wagner appeals her conviction

Tony Gosgnach
By Tony Gosgnach

TORONTO -- As promised, Mary Wagner has, through her counsel Dr. Charles Lugosi, filed a formal notice of appeal on numerous points regarding her recent, almost two-year-long court case that ended on June 12.

Justice Fergus O’Donnell of the Ontario Court of Justice rejected every application made by the defence – including for access to abortion center records, public funding, standing for a constitutional challenge and for expert witnesses to be heard – before he found Wagner guilty and sentenced her to five months in jail on a charge of mischief and four months on four counts of failing to comply with probation orders.

He further levied two years of probation, with terms that she stay at least 100 metres away from any abortion site. However, because Wagner had spent a greater time in jail than the sentence, she was freed immediately. She had been arrested at the “Women’s Care Clinic” abortion site on Lawrence Avenue West in Toronto on August 15, 2012 after attempting to speak to abortion-bound women there. She then spent the duration of the trial in prison for refusing to sign bail conditions requiring her to stay away from abortion sites.

Wagner is using the matter as a test case to challenge the current definition of a human being in Canadian law – that is, that a human being is legally recognized as such only after he or she has fully emerged from the birth canal in a breathing state.

Wagner’s notice states the appeal is regarding:

  • Her conviction and sentence on a single count of mischief (interference with property),
  • Her conviction and sentence on four counts of breach of probation,
  • The order denying public funding,
  • The order denying the disclosure of third-party records,
  • The order denying the admission of evidence from experts on the applicant’s constitutional challenge concerning the constitutional validity of Section 223 of the Criminal Code,
  • The order denying the admission of evidence from experts concerning the construction of Section 37 of the Criminal Code,
  • The probation order denying Wagner her constitutional rights to freedom of speech, freedom of expression, freedom of conscience and freedom of religion on all public sidewalks and public areas within 100 metres of places where abortions are committed,
  • And each conviction and sentence and all orders and rulings made by O’Donnell.

In the notice of appeal, Lugosi cites numerous points on which O’Donnell erred:

  • He denied Wagner her constitutional right to make full answer and defence.
  • He denied Wagner her right to rely on Section 37 of the Criminal Code, which permits “everyone” to come to the third-party defence and rescue of any human being (in this case, the preborn) facing imminent assault.
  • He decided the factual basis of Wagner’s constitutional arguments was a waste of the court’s time and that no purpose would have been served by having an evidentiary hearing on her Charter application because, in the current state of Canadian law, it had no possibility of success.
  • He misapplied case law and prejudged the case, “giving rise to a reasonable apprehension of bias and impeding the legal evolution of the law to adapt to new circumstances, knowledge and changed societal values and morals.”
  • He accepted the Crown’s submission that it is beyond the jurisdiction of the courts to question the jurisdiction of Parliament legally to define “human being” in any manner Parliament sees fit.
  • He ruled Section 223 of the Criminal Code is not beyond the powers of Section 52 of the Constitution Act, 1982.
  • He ruled Section 223 of the Criminal Code does not violate the Preamble to, as well as Sections 7, 11(d), 15 and 26, of the Charter of Rights and Freedoms.
  • He denied Wagner standing to raise a constitutional challenge to the validity of Section 223 of the Criminal Code.
  • He ruled that Section 223 of the Criminal Code applied generally throughout the entire Criminal Code and used it to deny unborn human beings the benefit of equal protection as born human beings under Section 37 of the Criminal Code.
  • He denied the production and disclosure of third-party records in the possession of the “Women’s Care Clinic” abortion site, although the records were required to prove Wagner was justified in using reasonable force in the form of oral and written words to try to persuade pregnant mothers from killing their unborn children by abortion.
  • He denied Wagner the defence of Section 37 of the Criminal Code by ruling unborn children did not come within the scope of human beings eligible to be protected by a third party.
  • He ruled Wagner did not come within the scope of Section 37 because she was found to be non-violent (in that she did not use physical force).
  • He ruled the unborn children Wagner was trying to rescue were not under her protection.
  • He denied Wagner the common-law defences of necessity and the rescue of third parties in need of protection.
  • He denied Wagner public funding to make full answer and defence for a constitutional test case of great public importance and national significance.
  • He imposed an unconstitutional sentence upon Wagner by, in effect, imposing an injunction as a condition of probation, contrary to her constitutional rights of free speech, freedom of expression, freedom of conscience and freedom of religion.

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Among the orders Lugosi is seeking are:

  • That an appeal be allowed against conviction on all counts and that a verdict of acquittal be entered on all counts,
  • That Section 223 of the Criminal Code be found unconstitutional  and contrary to Section 52 of the Constitution Act, 1982, as well as the unwritten constitution of Canada,
  • That the sentence be declared unconstitutional and contrary to Section 52 of the Constitution Act, 1982, and the unwritten constitution of Canada or that a new trial be conducted, with Wagner permitted to make full answer and defence, be given standing to make a constitutional attack on Section 223 of the Criminal Code, with the admission of expert witnesses,
  • That the Women’s Care Clinic abortion site be made to produce third-party records pertaining to patients seen on August 15, 2012 (when Wagner entered the site),
  • And that there be public funding for two defence counsels at any retrial and for any appeal related to the case.

No date has yet been established for a decision on the appeal or hearings.

A defence fund for Wagner’s case is still raising money. Details on how to contribute to it can be found here.


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