Supreme Court

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All those attacks on churches? Were they part of the year's top religion-beat news story?

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All those attacks on churches? Were they part of the year's top religion-beat news story?

In the years before Roe v. Wade, one of America's largest Christian flocks struggled to find a way to condemn abortion, while also opposing bans on abortion.

A 1971 resolution said: "Some advocate that there be no abortion legislation, thus making the decision a purely private matter between a woman and her doctor" while others "advocate no legal abortion," permitting it "only if the life of the mother is threatened." Thus, it backed legislation allowing "abortion under such conditions as rape, incest, clear evidence of severe fetal deformity, and carefully ascertained evidence of the likelihood of damage to the emotional, mental, and physical health of the mother."

After the 1973 Roe decision, the same body stressed the "limited role of government" in abortion questions, while supporting a "full range of medical services and personal counseling" for expectant mothers.

That was the Southern Baptist Convention -- before its conservative wing gained control, creating a powerful cultural force against abortion rights.

Churches were always active in abortion debates, with some embracing centuries of doctrine on the sanctity of human life, while overs became strategic abortion-rights supporters. Thus, journalists in the Religion News Association named the Supreme Court decision to overturn Roe v. Wade as the year's top American religion-news story. Now churches -- left and right face -- face the challenge of proclaiming certainties while many states seek compromise.

Stressing politics, the RNA stated: "The Supreme Court overturns the 1973 Roe v. Wade precedent and says there is no constitutional right to abortion, sparking battles in courts and state legislatures and driving voters to the November polls in high numbers. More than a dozen states enact abortion bans, while voters reject constitutional abortion restrictions in conservative Kansas and Kentucky and put abortion rights in three other states' constitutions."

This poll avoided other religion-news elements of this story, such as acts of violence against churches -- especially Catholic parishes -- and crisis pregnancy centers, ranging from vandalism to arson, from the interruption of sacred rites to the destruction of sacred art. Protestors marched at the homes of SCOTUS justices and police arrested an armed man who threatened to invade the house of Justice Brett Kavanaugh.

This year, the RNA added an international list, selecting Russia's war against Ukraine as the top story, in part because of bitter tensions between the Russian Orthodox Church and the new Orthodox Church of Ukraine, backed by the United States and the Orthodox Ecumenical Patriarchate in Turkey.

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'Guard the sacrament'? Nancy Pelosi's bishop steps into the 'McCarrick doctrine' wars

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'Guard the sacrament'? Nancy Pelosi's bishop steps into the 'McCarrick doctrine' wars

After fierce closed-door debates about President Joe Biden and Holy Communion, the U.S. Conference of Catholic Bishops managed to release a muted document last fall that did little to please activists on either side of the church's wars about abortion and politicians in pews.

But one passage in "The Mystery of the Eucharist in the Life of the Church" turned into a ticking clock in the Archdiocese of San Francisco, setting the stage for the current clash between Archbishop Salvatore J. Cordileone and a member of his flock -- House Speaker Nancy Pelosi.

"It is the special responsibility of the diocesan bishop to work to remedy situations that involve public actions at variance with the visible communion of the Church and the moral law," noted the bishops. "Indeed, he must guard the integrity of the sacrament, the visible communion of the Church, and the salvation of souls."

Cordileone's diocese includes the 12th Congressional District of California. After six private attempts to reach Pelosi, he released a May 20 statement telling her that "you are not to present yourself for Holy Communion and, should you do so, you are not to be admitted to Holy Communion, until such time as you publicly repudiate your advocacy for the legitimacy of abortion and confess and receive absolution of this grave sin in the sacrament of Penance."

The archbishop built his case with quotes from Pope Francis, Pope St. John Paul II and the now-retired Pope Benedict XVI, as well as Canon law stating that Catholics who "obstinately persist in manifest grave sin" are "not to be admitted to Holy Communion."

The speaker's words and actions, he added, suggest she isn't worrying about papal authority. Pelosi, the mother of five children, recently told the Seattle Times that the "personal nature of this is so appalling, and I say that as a devout Catholic. They say to me, 'Nancy Pelosi thinks she knows more about having babies than the pope.' Yes, I do. Are you stupid?"

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End of the 'reindeer rules'? Recent Indiana case may be a 'Christmas wars' turning point

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End of the 'reindeer rules'? Recent Indiana case may be a 'Christmas wars' turning point

Year after year, the Lion's Club sets up wire-frame Christmas decorations on the lawn of the historic Jackson County courthouse, facing Main Street in Brownstown, Ind.

The display, which belongs to the local ministerial alliance, glows from dusk to dawn from Thanksgiving until New Year's Day, with the county providing the electricity.

This led to yet another "Christmas Wars" dispute, with the recent Woodring v. Jackson County court decision offering a precise description of this tableau.

There is a "waving Santa Claus with his sleigh, a reindeer, seven large candy-striped poles, the nativity scene … and four carolers standing in front of a lamp post," noted Seventh Circuit Judge Amy Joan St. Eve. "Santa Claus and the reindeer are on the left. …To their right are three gift-bearing kings (Magi) and a camel, who look upon the nativity. On the right side of the sidewalk, Mary, Joseph, and infant Jesus in the stable are flanked on each side by trumpet-playing angels. To their right are several animals facing the nativity. The carolers stand in front of the animals, closer to Main Street."

Before the 2018 lawsuit, the Freedom From Religion Foundation warned that the nativity scene needed to come down. County officials responded by moving Santa and other secular symbols closer to the telltale manger.

That move was clearly linked to what activists call the "reindeer rules," in which secular and sacred symbols are mixed to honor guidelines from the Supreme Court's Lemon v. Kurtzman in 1971. The "Lemon test" asks if a government action's primary effect advanced religion, as opposed to a secular purpose, thus entangling church and state.

But the majority in the new 2-1 decision in Indiana argued that the "nativity scene is constitutional because it fits within a long national tradition of using the nativity scene in broader holiday displays to celebrate the origins of Christmas."

This post-Christmas decision in the heartland may have been a turning point.

"To the degree that the reindeer rules were based on Lemon, this decision said that we now have a new Supreme Court precedent. The reindeer rules appear to be gone," said Diana Verm, senior counsel for the Becket Fund for Religious Liberty, which filed a brief in the case.

Verm bluntly told the press afterwards: "It turns out the ACLU can't cancel Baby Jesus."

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Justice Alito: If you're worried about religious liberty, follow news in higher education

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Justice Alito: If you're worried about religious liberty, follow news in higher education

Almost a half century ago, comedian George Carlin recorded his controversial "Seven Words You Can Never Say on Television" monologue.

That was then.

"Today, it would be easy to create a new list entitled, 'Things you can't say if you are a student or a professor at a college of university or an employee of many big corporations.' And there wouldn't be just seven items on that list -- 70 times seven would be closer to the mark," said U.S. Supreme Court Justice Samuel Alito, via Zoom, addressing the recent Federalist Society National Lawyers Convention.

Discussing religious beliefs, he argued, has become especially dangerous.

"You can't say that marriage is the union between one man and one woman," he noted. "Until very recently, that's what the vast majority of Americans thought. Now it's considered bigotry."

Consider, for example, the case of Jack Denton, a Florida State University political science major whose long-range plans include law school.

In June, he participated in a Catholic Student Union online chat in which, after the death of George Floyd, someone promoted a fundraising project supporting BlackLivesMatter.com, the American Civil Liberties Union and similar groups. Denton criticized ACLU support for wider access to abortion and the BLM group's "What We Believe" website page that, at that time, pledged support for LGBTQ rights and efforts to disrupt "nuclear family" traditions.

"As a Catholic speaking to other Catholics," he said, "I felt compelled to point out the discrepancy between what these groups stand for and what the Catholic Church teaches. So, I did."

Denton didn't expect this private discussion to affect his work as president of the FSU Student Senate. However, an outraged student took screenshots of his texts and sent them to the Student Senate. That led to petitions claiming that he was unfit to serve, a painful six-hour special meeting and his forced exit.

Backed by the Alliance Defending Freedom, Denton sued the university for violating his First Amendment rights, as well as campus policies against discrimination against religious believers. A student court returned him, briefly, to office in late October, after a federal judge ruled that FSU should pay him lost wages. Denton graduates in December.

"This whole experience has certainly perked my interest in studying constitutional law and First Amendment rights, in particular," said Denton, reached by telephone.

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Child sexual abuse by priests was top 2018 story: What about McCarrick and the bishops?

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Child sexual abuse by priests was top 2018 story: What about McCarrick and the bishops?

It was in 1983 that parents told leaders of the Diocese of Lafayette, west of New Orleans, that Father Gilbert Gauthe had molested their son.

Dominos started falling. The bishop offered secret settlements to nine families -- but one refused to remain silent.

The rest is a long, long story. Scandals about priests abusing children -- the vast majority of cases involve teen-aged males -- have been making news ever since, including the firestorm unleashed by The Boston Globe's "Spotlight" series that won a Pulitzer Prize in 2003.

This old, tragic story flared up again in 2018, and Religion News Association members selected the release of a sweeping Pennsylvania grand-jury report -- with 301 Catholic priests, in six dioceses, accused of abusing at least 1,000 minors over seven decades -- as the year's top religion story.

"The allegations contained in this report are horrific and there are important lessons to take away from it," said Michael Plachy, a partner at Lewis, Roca, Rothgerber, Christie, a national law firm that emphasizes religious liberty cases. However, "to be candid, much of what's in this report has been known for years. … It's important, but it's mostly old news."

The Archdiocese of Philadelphia -- a diocese not included in the grand-jury report -- requested an analysis of the 884-page document focusing on the impact of the church's 2002Charter for the Protection Children and Young People. Among the law firm's findings: Of 680 victims whose claims mentioned specific years, 23 cited abuse after the charter -- 3 percent of claims in the grand-jury report. The average year of each alleged incident was 1979.

Much of the year's crucial news about clergy sexual abuse focused on efforts to hold bishops accountable when they were accused of abuse or of hiding abuse cases -- including sexual abuse of adult victims.

Thus, this was a year in which my views clashed with the RNA poll. For me, the No. 1 story was the fall of retired Washington Archbishop Theodore McCarrick, for decades one of America's most influential Catholics. In public remarks, he even claimed to have assisted in efforts to elect Pope Francis. McCarrick was removed from ministry and exited the College of Cardinals because of evidence that he sexually assaulted a 16-year-old altar boy in 1971 and, for decades, sexually harassed and abused seminarians.

My No. 2 story -- the pope's decision to cooperate with China officials when selecting bishops -- didn't make the RNA Top 10.

The RNA Religion Newsmaker of the Year was Episcopal Church Presiding Bishop Michael Curry, after his stem-winding sermon at the royal wedding of Prince Harry and Meghan Markle. McCarrick was not included on the ballot.

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Father Paul Scalia keeps funeral focus on Jesus of Nazareth and prayers for his father, a sinner

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Father Paul Scalia keeps funeral focus on Jesus of Nazareth and prayers for his father, a sinner

Catholics who faithfully go to Confession are unusual these days, with one study linked to Georgetown University noting that a mere 2 percent of American Catholics "regularly" confess their sins to a priest. 

Local odds being what they were, Father Paul Scalia of Arlington, Va., once learned that he had come very close to facing one faithful Catholic whose confession would have -- literally -- hit close to home. That Saturday evening he heard a unique complaint from his father, Justice Antonin Scalia. 

The issue "was not that I'd been hearing confessions, but that he'd found himself in my confessional line. And he quickly departed it," said Father Scalia, during his father's nearly two-hour funeral Mass (video here). "As he put it later, 'Like heck if I'm confessing to you!' The feeling was mutual." 

This anecdote drew laughter in the massive Basilica of the National Shrine of the Immaculate Conception in Washington, D.C. But even this personal story was part of the priest's focus on eternal issues, rather than details of the life and lengthy U.S. Supreme Court career of his famous father.

After all, Antonin Scalia had made his feelings crystal clear -- writing to the Presbyterian minister who performed the 1998 funeral of Justice Lewis F. Powell, Jr. -- that funerals should contain real sermons, not touchy-feely eulogies.