Hilary White

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Clergy, legal experts not buying ‘protections’ for churches in UK gay ‘marriage’ law

Hilary White
Hilary White
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LONDON, January 30, 2013 (LifeSiteNews.com) – Promises of “safeguards” for churches in the UK’s proposed gay “marriage” law are empty and unenforceable, given the UK’s Equalities law and connections to the European Union, according to a top legal expert.

According to Aidan O’Neill QC, wording in the bill, scheduled to go to the vote on February 5th, that he government claims makes it illegal for the Church of England and Church in Wales (Anglican) to conduct same-sex “weddings” is “eminently challenge-able”. O’Neill has told the government that the wording is in fact illegal, and will be overturned straight out of the gate.

The comments come in response to a blog post by Maria Milller, the Culture Minister who introduced the bill on Friday, in which she said, “I have always been crystal clear that I simply will not introduce any new law that does not provide protection for all religious organisations and individual ministers of religion.

“Our Bill will both protect and promote religious freedom in this country, so that religious organisations can continue to act according to their own doctrines and beliefs.”

The legislation contains wording that forbids the Anglican churches, as the officially established church, from conducting same-sex “weddings”. But this does not extend to the Catholic Church and other Protestant denominations or religious groups like Jews or Muslims.

Miller wrote, “Tolerance is a two-way street,” adding that the government has taken its cue from the “Quakers, Liberal Jews and Unitarians – who said they wanted the opportunity to marry same-sex couples, and so we decided to build that into our plans.”

“After all, we are very clear that this decision is entirely up to individual religious organisations and their ministers, but in principle who are we to stop those religious bodies from conducting same-sex marriages if they want to? Allowing them to do so promotes religious freedom.”

O’Neill’s concerns were echoed today by Education Secretary Michael Gove who said that government could be “powerless” to stop teachers being sacked for refusing to teach “gay marriage.” The Daily Telegraph reports that “a senior source” in the department of education said the UK is not “in control” of its own legal situation and that the ultimate decision might “inevitably” be made by the European Court of Human Rights.

The source said, “We have had legal advice; the problem is that there is this inherent uncertainty about such matters.”

“These are all under the control of nine guys in Strasbourg, it is just fundamentally uncertain because Britain isn’t in control of this.”

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Gove is not alone among ministers in expressing doubts. It is now estimated that at least 100 MPs will vote against the bill, although this is far too few to defeat it.

Defence Secretary Philip Hammond has also raised concerns about the ‘robustness’ of protections. Hammond said that “gay marriage” is not a priority for voters, adding, “I believe the introduction of civil partnerships has removed the elements of practical discrimination that existed against those in same-sex relationships.”

“I do not believe there is a compelling reason to prioritise legislation to go further at the present time and I have concerns about the robustness of the protections for religious organisations that are being put in place.”

While the government continues to focus almost exclusively on the potential conflicts for clergy, Aidan O’Neill has already given testimony to the government’s consultation that creating “gay marriage” in law would automatically throw a wide array of lay religious believers and other conscientious objectors into conflict with their employers and leave them open to litigation with little or no legal recourse. He particularly highlighted teachers as those who could be sacked for refusing to endorse same-sex “marriage,” and also argued that parents would have no right to withdraw their children from classes that endorse gay “marriage.”

Meantime, no one in the Christian community seems to be willing to trust the assurances that they will be protected from being forced to violate their consciences. Earlier this month, 1067 Catholic priests, including 13 bishops and abbots, signed a letter warning of a return of formal persecution of believing Catholics should the change go through. In an interview, the new archbishop of Glasgow, Philip Tartaglia, said he could see himself ending up in prison for his refusal to bow to the zeitgeist’s interpretation of marriage.

At a meeting with concerned Catholic lay groups this week, Archbishop Peter Smith of Southwark said he remains unconvinced that the government’s promises of a “quadruple lock” in the bill will stand up in court. He warned that Catholic schools might face a similar fate as the Catholic adoption agencies that were either closed or forced to secularise when the government enacted the Equality legislation requiring them to consider same-sex “couples” as adoptive parents.

John Smeaton, director of the Society for the Protection of Unborn Children has said that the emptiness of government promises has already been demonstrated dozens of times. Smeaton wrote today that since the passage of the Abortion Act 1967, successive governments have repeatedly promised and failed to protect conscientious objectors to the various gains of the Sexual Revolution, from abortion to explicit “sex education” in schools to enforcing acceptance of homosexuality.

The government’s promises are ringing even more hollow in the face of a ruling from the European Court of Human Rights in a set of four cases brought by Christians complaining of religious discrimination in the workplace. A week before the government brought its marriage bill forward, the ECHR ruled against three of the plaintiffs, ruling in two cases that Christians with conscientious objections were not allowed to refuse to participate in same-sex civil partnerships or counsel same-sex couples.

The ECHR found that the sacking of relationship counsellor Gary McFarlane and of marriage registrar Lillian Ladele were “not disproportionate” and that the sanctions were in keeping with employers’ legitimate “equality and diversity policies”. Under the provisions of the Lisbon Treaty, the European courts have the power to overturn the laws of member states if they are found to conflict with European law.

In dozens of cases large and small, Christians have been the targets of homosexualist activists using the current Equalities law to punish any public opposition to the political agenda. From these cases alone experts have said that it is clear that the new law will affect ordinary working people in a wide range of professions outside the clergy, including marriage registrars and government officials of any kind, nurses, building managers, teachers, amateur street preachers, foster parents, counsellors, hoteliers and bed and breakfast owners.

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Vatican’s doctrine chief: ‘Absolutely anti-Catholic’ to let bishops conferences decide doctrine or discipline

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By John-Henry Westen

VATICAN, March 26, 2015 (LifeSiteNews.com) - Cardinal Gerhard Ludwig Müller, prefect of the Congregation for the Doctrine of the Faith, has rejected outright the idea floated by Germany’s Cardinal Reinhard Marx that various bishops’ conferences around the world would decide for themselves on points of discipline or doctrine. 

“This is an absolutely anti-Catholic idea that does not respect the catholicity of the Church,” Cardinal Müller told France’s Famille Chrétienne in an interview published today

The question was raised because Cardinal Marx, the head of the German Catholic bishops’ conference and a member of Pope Francis’ advisory Council of Nine, told reporters that the German bishops would chart their own course on the question of allowing Communion for those in “irregular” sexual unions.

“We are not a subsidiary of Rome,” he said in February. “The Synod cannot prescribe in detail what we should do in Germany.”

Vatican Cardinal Müller remarked that while episcopal conferences may have authority over certain issues they are not a parallel magisterium apart from the pope or outside communion with the bishops united to him.

Asked specifically about Cardinal Marx saying that the Church in Germany is “not a subsidiary of Rome,” the head of the Congregation for the Doctrine of the Faith said pointedly “the president of an Episcopal Conference is nothing more than a technical moderator, and as such has no special teaching authority.”  He added moreover, that the dioceses in a particular country “are not subsidiaries of the secretariat of an Episcopal conference or diocese whose Bishop presides over the Episcopal Conference.”

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The CDF head warned that “this attitude makes the risk of waking some polarization between the local churches and the universal Church.” He did not however believe that there was the will for Episcopal conferences to separate from Rome.

The important interview also saw Cardinal Müller contest the notion that the pastoral practice or discipline could change while retaining the same doctrine. “We can not affirm the doctrine and initiate a practice that is contrary to the doctrine,” he said.

He added that not even the papal Magisterium is free to change doctrine. “Every word of God is entrusted to the Church, but it is not superior to the Word,” he said. “The Magisterium is not superior to the word of God. The reverse is true.”

Cardinal Müller rejected the notion that we would have to modify Christ’s unflinching words totally forbidding divorce and remarriage.  We cannot “say that our ministry should be more cautious than Jesus Christ Himself!”  Nor could we, he added, say that Christ’s teaching is out of date or that “we need to correct or refine Jesus Christ because He lived in an idealistic world.” 

Rather, the cardinal said, bishops must be ready for martyrdom.  Quoting Jesus he said, “Blessed are you when people insult you and persecute you, and if we speak all kinds of evil against you because of me.”

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‘Groundbreaking’: Kansas may become first state to ban dismemberment abortions

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By Ben Johnson

TOPEKA, KS, March 26, 2015 (LifeSiteNews.com) – Kansas will become the first state in the country to ban a procedure in which unborn children are dismembered in the womb, if Gov. Sam Brownback signs a bill that recently passed the state legislature.

The state House passed a ban on dilation and evacuation (D&E) abortions, called dismemberment abortions in common parlance, by 98-26 on Wednesday.

The Unborn Child Protection from Dismemberment Abortion Act, which had already passed the state Senate in February 31-9, now heads to Gov. Brownback's desk.

Brownback, a staunch defender of life, is expected to sign the act into law.

"Because of the Kansas legislature's strong pro-life convictions, unborn children in the state will be protected from brutal dismemberment abortions," said Carol Tobias, president of the National Right to Life Committee, which has made banning dismemberment abortions a national legislative focus.

The procedure, in which an abortionist separates the unborn child's limbs from his body one at a time, accounts for 600 abortions statewide every year.

Nationally, it is “the most prevalent method of second-trimester pregnancy termination in the USA, accounting for 96 percent of all second trimester abortions,” according to the National Abortion Federation Abortion Training Textbook.

“It’s just unconscionable that something happens to children that we wouldn’t tolerate being done to pets,” Katie Ostrowski, the legislative director of Kansans for Life, told The Wichita Eagle.

Leading pro-life advocacy groups have made shifting the debate to dismemberment a national priority, with similar legislation being considered in Missouri and Oklahoma. Mary Spaulding Balch, J.D., who is NRLC's director of state legislation, called the bill's passage in Topeka “groundbreaking.”

"When the national debate focuses only on the mother, it is forgetting someone," she said.

The abortion lobby has made clear that it is uncomfortable engaging in a public relations tussle on this ground.

Elizabeth Nash, the senior state issues associate of the Guttmacher Institute, said that dismemberment is “not medical language, so it’s a little bit difficult to figure out what the language would do.”

On the state Senate floor, Democrats tried to alter the bill's language on the floor by replacing the term “unborn child” with fetus. “I know some of you don’t believe in science. But it’s not an unborn child, it’s called a fetus,” said state Senator David Haley, D-Kansas City.

If the bill becomes law, the abortion industry has vowed to fight on.

Julie Burkhart, a former associate of late-term abortionist George Tiller, said the motion's only intention is “to intimidate, threaten and criminalize doctors.”

“Policymakers should be ashamed,” she said, adding, “if passed, we will challenge it in court.”

Gov. Brownback has previously signed conscience rights protections and sweeping pro-life protections into law.

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How NOT to move beyond the abortion wars

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By Anne Hendershott

March 26, 2015 (CrisisMagazine.com) -- A few years ago, when an undergraduate student research assistant of mine—a recent convert to Catholicism—told me that he was planning to meet with a well-known dissenting Catholic theology professor who was then ensconced in an endowed chair at a major metropolitan Catholic university, I told him: “Be careful, you might end up liking him too much.” I jokingly told my student not to make eye contact with the theologian because he might begin to find himself agreeing with him that Catholic teachings “really allow” for women’s ordination and full reproductive rights—including access to abortion.

I was reminded of that conversation this week when I began reading a new book by yet another engaging Catholic theology professor at a major metropolitan university who also claims (pg 6) that the argument he puts forward in his book, Beyond the Abortion Wars, is “consistent with defined Catholic doctrine.” Written by Charles Camosy, associate professor of theology at Fordham University, the new book purports to be in line with Catholic teachings and promises “a way forward for a new generation.” But, Camosy delivers yet another argument for a woman’s right to choose abortion when confronted with an unborn child that he has described—in the past—as an “innocent aggressor.”

Indeed, Camosy has spent much of his career trying to convince us that he knows Catholic teachings better than the bishops. Criticizing Bishop Olmsted for his intervention and excommunication of a hospital administrator for her role in the direct abortion at a Phoenix Catholic hospital, Camosy suggested in 2013 that “the infamous Phoenix abortion case set us back in this regard.” Implying that Bishop Olmsted was not smart enough to understand the moral theology involved in the case, Camosy claimed that “The moral theology in the case was complex—which makes the decision to declare publicly that Sr. McBride had excommunicated herself even more inexplicable. The Church can do better.” For Camosy, “Catholics must be ready to help shape our new discussion on abortion. And we must do so in a way that draws people into the conversation—not only with respectful listening, but speaking in a way that is both coherent and sensitive.”

This new book is likely Camosy’s attempt to “draw people into the conversation.” But, there is little in his book that is either coherent or sensitive. Claiming to want to move “beyond” the abortion wars, Camosy creates an argument that seems designed to offend the pro-life side, while giving great respect to those who want to make sure abortion remains legal.

Especially offensive for pro-life readers will be Camosy’s description of the abortifacient, RU-486 as a form of “indirect abortion.” The reality is that RU-486, commonly known as the “abortion pill,” effectively ends an early pregnancy (up to 8 weeks) by turning off the pregnancy hormone (progesterone). Progesterone is necessary to maintain the pregnancy and when it is made inoperative, the fetus is aborted. For Camosy, who claims that his book is “consistent with settled Catholic doctrine,” this is not a “direct” abortion. To illustrate this, Camosy enlists philosopher Judith Jarvis Thompson’s 1971 “Defense of Abortion”—the hypothetical story of the young woman who is kidnapped and wakes up in a hospital bed to find that her healthy circulatory system has been hooked up to a famous unconscious violinist who has a fatal kidney ailment. The woman’s body is being used to keep the violinist alive until a “cure” for the violinist can be found. Camosy makes the case—as hundreds of thousands of pro-choice proponents have made in the past four decades—that one cannot be guilty of directly killing the violinist if one simply disconnects oneself from him. Likewise, for Camosy, simply taking the drug RU 486 is not “directly” killing the fetus. He writes:

The drugs present in RU 486 do not by their very nature appear to attack the fetus. Instead, the drug cuts off the pregnancy hormone and the fetus is detached from the woman’s body…. Using RU 486 is like removing yourself from [Judith Jarvis Thompson’s] violinist once you are attached. You don’t aim at his death, but instead remove yourself because you don’t think you have the duty to support his life with your body…. Some abortions are indirect and better understood as refusals to aid (pp 82-83).

Perhaps there are some readers who will find Camosy’s argument convincing, but I am not sure that many faithful Catholic readers will agree that it is consistent with settled Catholic doctrine.

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As one who is hardly a bystander in the abortion wars, I wanted to like this book. As an incrementalist who celebrates every small step in creating policy to protect the unborn, I had high hopes that this book would at last begin to bridge the divide. A decade ago, in my own book, The Politics of Abortion, I joined the argument begun by writers like Marvin Olasky in his Abortion Rites: A Social History of Abortion in America, that it is more effective to attempt to change the hearts and minds of people than to create divisive public policy at the federal level. I share Charles Camosy’s desire to end the abortion wars—but this war cannot end until the real war on the unborn ends. This does not mean that the two sides cannot work together—battling it out at the state level—where there is the opportunity for the greatest success. But, complex philosophical arguments on whether RU 486 is a direct or indirect form of abortion are not helpful to these conversations.

Camosy must know that we can never really “end” the abortion wars as long as unborn children are still viewed as “aggressors” or “invaders” and can still be legally aborted. Faithful Catholics know that there is no middle ground on this—the pro-life side has to prevail in any war on the unborn. It can be done incrementally but ground has to be gained—not ceded—for the pro-life side. Besides, Camosy seems a bit late to the battlefield to begin with. In many ways, he seems to have missed the fact that the pro-life side is already winning many of the battles through waiting periods, ultrasound and parental notification requirements, and restrictions on late term abortion at the state level. More than 300 policies to protect the unborn have been passed at the state level just in the past few years. The number of abortions each year has fallen to pre-Roe era levels—the lowest in more than four decade.   Much of these gains are due to the selfless efforts of the pro-life community and their religious leaders. Yet, just as victory appears possible in many more states, Camosy seems to want to surrender by resurrecting the tired rhetoric—and the unconscious violinists—of forty years ago.

While it is disappointing, it is not unexpected considering Camosy’s last book lauded the contributions of Princeton’s most notorious professor, Peter Singer—the proponent of abortion, euthanasia and infanticide. Claiming that Singer is “motivated by an admirable desire to respond to the suffering of human and non-human animals,” Camosy’s 2012 book, Peter Singer and Christian Ethics: Beyond Polarization, argues that, “Though Singer is pro-choice for infanticide, on all the numerous and complicated issues related to abortion but one, Singer sounds an awful lot like Pope John Paul II.”  In a post at New Evangelical Partnership for the Common Good, a progressive organization led by Rev. Richard Cizik (a former lobbyist for the National Association of Evangelicals who was removed from his position because of his public support for same sex unions, and his softening stance on abortion) Camosy wrote that he found Singer to be “friendly and compassionate.”  Camosy currently serves on the Advisory Board of Cizik’s New Evangelical Partnership—where he has posted Peter Singer-like articles including: “Why Christians Should Support Rationing Health Care.”

One cannot know the motivations of another—we can never know what is in another’s heart so it is difficult to know why Charles Camosy wrote this book. It must be difficult to be a pro-life professor at Fordham University—a school known for dissenting theologians like Elizabeth Johnson. But, if one truly wants to advance a culture of life in which all children are welcomed into the world, it would seem that inviting Peter Singer to be an honored speaker to students at Fordham in 2012 is not the way to do it, nor would claiming that RU-486 “may not aim at death by intention.” Perhaps it is unwise to continue to critically review Camosy’s work from a Catholic perspective because it gives such statements credibility—and notoriety. But, as long as Camosy continues to claim that his writings and policy suggestions—including his newly proposed “Mother and Prenatal Child Protection Act”—are “consistent with defined Catholic doctrine,” faithful Catholics will have to continue to denounce them.

Reprinted with permission from Crisis Magazine. 

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