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Posted on 07/22/2018 13:00 PM (CNA Daily News - US)
Philadelphia, Pa., Jul 22, 2018 / 05:00 am (CNA).- The Catholic group Courage International hosted its 30th annual Courage and EnCourage conference last week, which aimed to offer men and women with same-sex attraction inspiration from the organization’s founder, the late Father John Harvey.
“This year we had the opportunity to remember the legacy of Father Harvey who is our founding director,” said Ann Schneible, communications director for Courage International.
“This is really important, especially for our new members who joined since he stepped down from the position in 2008,” she told CNA.
More than 300 people attended the conference, which was hosted on July 12-15 at Villanova University in Philadelphia, Pa., where Harvey was born. The event also recognized what would have been the priest’s 100th birthday on April 14. He died in 2010.
Among the conference speakers were Archbishop Charles Chaput of Philadelphia and Johnnette Benkovic, host of the EWTN series Women of Grace. Schneible said many of the speakers personally knew Harvey, giving witness to the priest’s gentleness, patience, and humor.
The conference also featured a panel of Courage and EnCourage members and chaplains, who shared their personal experiences of Harvey.
Schneible said the event’s theme, “faithful to the mission,” was inspired by a quote from Father Harvey.
“He said he wanted to be remembered as having been ‘faithful to a mission.’ He wasn’t just serving people out of obedience; he really had a heart for this ministry, especially for the people….He really ministered to the whole human person – heart, mind, and soul.”
Born in 1918, Harvey joined the novitiate of the Oblates of St Francis de Sales 18 years later. With master’s degrees in psychology and philosophy, he was ordained a priest in 1944. He began Courage in 1980 at the request of Cardinal Terence Cooke, a former Archbishop of New York.
“We had a chance to learn about his life and the stories from other members, who shared their experiences with them. So we got to see this man be brought to life for those who didn’t know him. This person who had overseen this wonderful ministry,” she said.
Schneible also pointed to the community experience the conference offered to people with same-sex attraction. Courage’s core values, she said, are “all community based.”
“Our members, they have this shared experience. ....Everyone has a unique story. What really binds them, maybe beyond their experience of same-sex-attraction, is their commitment to the Church,” she said.
“That’s why the name of this ministry is Courage. They have this courageous commitment to living the Church’s teaching authentically on [chastity]. And, that brings a bond with it.”
The first Courage meeting was held in 1980, and the initial group developed the five foundational goals of Courage – chastity, prayer and dedication, fellowship, support, and good role models.
Courage International offers support for people with same-sex attraction who have chosen to pursue a chaste lifestyle. EnCourage supports family members and friends of people with same-sex attraction, teaching them how to encounter their loved ones with compassion.
“What’s really special about this yearly event is that it’s really an opportunity to let our members come together. They see old friends, they get to pick new friends, and it really has the feeling of a family reunion,” said Schneible.
Posted on 07/21/2018 20:00 PM (CNA Daily News - US)
Oakland, Calif., Jul 21, 2018 / 12:00 pm (CNA).- Attorneys for David Daleiden, a pro-life advocate and journalist who released videos on Planned Parenthood’s fetal tissue procurement, have asked the abortion provider to prove it has not sold fetal tissue for commercial gain.
Daleiden was the project head for the pro-life group Center for Medical Progress, which in 2015 released several videos of conversations with Planned Parenthood executives. The videos alleged that Planned Parenthood affiliates were illegally selling fetal body parts for profit. Those accusations have since been dropped.
The recent legal action is part of Planned Parenthood Federation of America v Center for Medical Progress, in which a court ruled last August that the videos had been obtained illegally.
At a July 19 hearing at U.S. District Court in Oakland California, Daleiden’s defense team, including attorneys from the non-profit Thomas More Society, asked the court to compel Planned Parenthood to prove that its affiliates have not profited from fetal tissue transactions.
The attorneys have specifically asked for documented invoices.
Planned Parenthood has said previously it followed federal laws that forbid entities to “acquire, receive, or otherwise transfer any human fetal tissue for valuable consideration.”
“We invite them to prove it,” said Peter Breen of the non-profit Thomas More Society, and a member of Daleiden’s legal team.
“The law is simple. If the payments received for fetal body tissue exceeded the allowable costs, then Planned Parenthood and its affiliates were first, engaged in criminal conduct, and next, making a profit off of selling aborted baby parts,” Breen said in a press release Thursday.
Planned Parenthood said questions about the invoices have “zero bearing” in the case.
Daleiden’s videos appeared to show numerous Planned Parenthood and StemExpress employees discussing the procurement and sell fetal body parts.
In 2014 and 2015, Deleiden posed as an employee of Biomax Procurement Services, a false-front biomedical research company. The National Abortion Federation filed a suit in 2015, stating the videos had been obtained illegally. In a court ruling last August, Deleiden and the Center for Medical Progress were barred from releasing more videos.
“Planned Parenthood is suing Mr. Daleiden because they claim that his investigative videos are ‘misleading’ and ‘broke the law,’” said Breen.
“Now they are being asking to prove their ludicrous accusations. The idea that this huge profiteer thinks that they can just say something without having to produce relevant evidence is preposterous.”
Posted on 07/21/2018 12:06 PM (CNA Daily News - US)
Washington D.C., Jul 21, 2018 / 04:06 am (CNA/EWTN News).- As many as 1 in 800 Americans is currently a victim of human trafficking, according to a new global report which found much higher rates of modern-day slavery in developed nations than previously believed.
Andrew Forrest, founder of the Global Slavery Index, called the report “a huge wakeup call.”
“The pressure to respond to this appalling human crime must shift from poorer countries to richer nations that have the resources and institutions to do much better,” he said in a July 19 statement.
“It’s widely accepted that most crimes go unreported and unrecorded, because the victims are marginalised and vulnerable,” Forrest said. “This report demonstrates, straight from the mouths of some of the 40.3 million victims of modern slavery, that these deplorable crimes continue happening out of sight, and at a tragic scale.”
“We cannot sit back while millions of women, girls, men and boys around the world are having their lives destroyed and their potential extinguished by criminals seeking a quick profit.”
Published each year by the Walk Free Foundation, the Global Slavery Index compiles data to estimate the number of people being trafficked globally.
The index defines modern-day slavery as any exploitative situation that an individual cannot leave “because of threats, violence, coercion, abuse of power, or deception.” This includes sexual exploitation, forced labor, and child labor.
It also includes forced marriages, the report said, noting that women make up 71 percent of people trapped in modern-day slavery today.
More data sources – including surveys and face-to-face interviews – in this year’s report resulted in significant increases in the estimates of people being trafficked in many developed nations.
The report identified North Korea as having the highest prevalence of modern slavery – with about one in 10 people classified as modern-day slaves – followed by Eritrea, Burundi, and the Central African Republic.
However, developed nations in the West, including the U.S. and UK, also have much higher rates of human trafficking than previously thought, it said.
The 2018 report estimated that some 403,000 people are trapped in modern slavery in the U.S. – seven times higher than previous figures. In the UK, that figure is estimated at 136,000, nearly 12 times higher than earlier estimates.
Last month, the U.S. State Department released its 2018 Trafficking in Persons report, which assesses countries around the world based on how their governments work to prevent and respond to trafficking.
In presenting the report, Secretary of State Mike Pompeo emphasized that the problem of trafficking is one that is found much closer to home than many people realize.
“Human trafficking is a global problem, but it’s a local one too,” he said June 28. “Human trafficking can be found in a favorite restaurant, a hotel, downtown, a farm, or in their neighbor’s home.”
The fight against human trafficking has been a priority for Pope Francis. In December 2013, he told a group of ambassadors that the issue worries him greatly, saying “it is a disgrace” that persons “are treated as objects, deceived, assaulted, often sold many times for different purposes and, in the end, killed or, in any case, physically and mentally harmed, ending up discarded and abandoned.”
In March 2014, Pope Francis signed an ecumenical agreement with Anglican Archbishop Justin Welby, by which the Church and the Anglican Communion agreed to support an anti-slavery, anti-human trafficking initiative, the Global Freedom Network.
The following year, the pope focused on the theme in his World Day of Peace message. He appealed to “all men and women of good will” and to “the highest levels of civil institutions” who witness “the scourge of contemporary slavery.” He urged them “not to become accomplices to this evil, not to turn away from the sufferings of our brothers and sisters, our fellow human beings, who are deprived of their freedom and dignity.”
At a June 2016 summit, the Pope emphasized the importance of listening to victims of trafficking.
He reiterated that message earlier this year, telling young people that they are in “a privileged place to encounter the survivors of human trafficking.”
“Go to your parishes, to an association close to home, meet them, listen to them,” he said.
The Vatican has organized numerous conferences on human trafficking, focused on both raising awareness and discussing means of fighting modern-day slavery and helping victims reintegrate into society.
Posted on 07/21/2018 01:30 AM (CNA Daily News - US)
Washington D.C., Jul 20, 2018 / 05:30 pm (CNA).- The Essure sterilization device is being withdrawn from sale, the pharmaceutical company Bayer announced today. This comes after more than 10,000 women filed a lawsuit saying they were seriously harmed by the device, and about three months after the FDA restricted sales and required patients be given additional information about risks.
The FDA added a “black box” warning to Essure in November of 2016, after numerous patient complaints about complications, such as abdominal pain and uterine perforation.
Essure will be taken off the market in the United States as of December 31, 2018. Sales in every other country ceased as of September of last year, due to poor sales figures. The device was first approved for use in 2002.
The device is described as a “non-surgical permanent birth control,” and consists of a pair of metal and polyester coils that are inserted into the fallopian tubes. These coils cause scarring in the tubes, blocking eggs from reaching the uterus. Bayer claims to have sold about 750,000 of these devices around the world. The device was preferred by some women as it purportedly had a much faster healing time than other sterilization techniques.
In a statement, Bayer said the decision to pull the device was was “based on a decline in U.S. sales of Essure in recent years and the conclusion that the Essure business is no longer sustainable,” but that they “continue to stand behind the product’s safety and efficacy.”
The Food and Drug Administration has been monitoring Essure since September of 2015, after an “increase in adverse events” submitted to its official database.
The public outcry against Essure was in part driven by social media, which was able to bring women suffering similar symptoms together in one place.
In 2011, a Facebook group called “Essure Problems” was created for women to discuss various adverse reactions they had to the device. In some instances, women were required to have emergency hysterectomies after the devices broke and migrated throughout their bodies. Other suffered extreme allergic reactions to the metals in the device, developed headaches and mood disorders, and some even experienced ectopic pregnancies.
At least one woman was killed as a result of Essure, after her reproductive organs developed necrosis, and the device was blamed for at least 300 fetal deaths and stillbirths.
The Essure Problems group, which has grown to nearly 37,000 women, was responsible for some of the widespread media coverage about the device’s dangers.
Responding to Friday’s announcement, administrators of the Essure Problems group told CNA that “seven long years of fighting to get Essure removed from the United States market has finally paid off” and that the announcement “brought us to our knees in gratitude, relief and celebration.”
“Women will not be harmed by this device any more. We have won, we have finally won!”
The FDA released a statement saying that they will continue to “remain vigilant in protecting patients” who have been implanted with Essure, and will work alongside Bayer to “best determine how to move forward to answer the critical questions we posed” regarding complications with the device.
Posted on 07/21/2018 00:58 AM (CNA Daily News - US)
Lansing, Mich., Jul 20, 2018 / 04:58 pm (CNA/EWTN News).- The Michigan attorney general filed Thursday a cease and desist order against Opus Bono Sacerdotii, a charity which raises money to assist priests facing difficulties, citing a lack of oversight and other violations of state law.
The attorney general, Bill Schuette, filed a notice of intended action July 19.
“Before bringing a civil action, the Attorney General will consider accepting an assurance of discontinuance or other appropriate settlement agreement,” the notice stated.
A former employee of Opus Bono Sacerdotii complained to Schuette's office in February 2017, “claiming that the charity was violating its nonprofit status and was being used for the personal benefit of its officers Joe Maher and Peter Ferrara.”
On reviewing tax forms, the attorney general's office “found irregularities and lack of details that lent support to the complaint,” and differing lists of board members, which led to an investigation which lasted until at least May 2018.
The investigation found a lack of board governance, no controls over expenses, unauthorized and excessive compensation, diversion of assets, breach of fiduciary duties, and deceptive solicitations.
“OBS President Joe Maher and Treasurer Peter Ferrara operated OBS without any meaningful oversight from its board of directors,” according to the attorney general's filing.
The OBS board did not hold formal board meetings, and when they did, minutes were not kept.
Maher and Ferrara are two of the six members of the board of directors; another member, Fr. Eduard Perrone, said, “he never viewed himself as a director and had no knowledge of Opus Bono’s organizational structure; he considered himself a spiritual adviser to the group”. Paul Barron, another board member, said that “the board did not supervise Maher’s and Ferrara’s activities and that the annual meetings were informal,” the attorney general reported.
This lack of governance allowed the “possible diversion and illicit use” of OSB's charitable assets by Maher and Ferrara, the attorney general wrote. “The pattern of OBS expenses, transfers, and withdrawals suggest regular personal benefit to Maher and Ferrara from OBS assets.”
Neither of the men had a compensation agreement with OBS: “Neither Maher nor Ferrara were paid in regular amounts at regular intervals. Instead, without authorization, at their discretion, both Maher and Ferrara withdrew and transferred OBS assets to themselves or expended them for their own personal benefit.”
The attorney general also stated that “Maher’s and Ferrara’s personal use of funds and unauthorized compensation diverted OBS assets from its mission of helping priests.”
After the investigation began, OBS held a board meeting in which it had “a fiduciary duty to preserve OBS assets and to itself investigate OBS’s finances to ensure that OBS assets were being used—and had been used in the past—as intended,” according to Schuette.
“Instead of investigating and recovering personal expenses charged by Maher and Ferrara and excessive compensation taken by Maher and Ferrara, OBS’s board passed a resolution purporting to authorize Maher’s and Ferrara’s past actions, including tens of thousands of possible personal expenses for meals, auto, and travel … In so doing, the OBS board breached its fiduciary duties to OBS.”
Finally, the investigation found that solicitations for donations sent by OBS “generally told donors that Maher just received a letter from a priest that OBS had helped; the mailing then included a lengthy direct quote purportedly from the priest telling his story.”
“But OBS has admitted that the letters were not direct quotes and were a 'composition of multiple letters.'”
The attorney general instructed OBS to cease “all unlawful solicitations as described in the above violations and all unauthorized or excessive compensation or personal expenses,” and said that violation “may result in a civil action for restitution, civil fines, litigation costs, and injunctive relief.”
OBS was founded in 2002 to “facilitate care for Catholic priests who are experiencing difficulties in their personal life and priestly ministry,” the organization states. “A vital component of this urgent care is in providing monies to priests who are in dire need of the basic necessities of life, especially when they have no other available options for financial support.”
The charitable tax-exempt organization bears a “2017 Top-Rated” logo from GreatNonprofits on its website.
Posted on 07/20/2018 23:30 PM (CNA Daily News - US)
Washington D.C., Jul 20, 2018 / 03:30 pm (CNA).- The U.S. State Department is set to host the largest and highest-level global meeting on religious liberty next week. Secretary of State Mike Pompeo told EWTN he is prepared to talk with countries with whom the U.S. government has “deep disagreements.”
The Ministerial to Advance Religious Freedom will be held on July 24-26 and include foreign ministers, religious leaders, and civil society representatives to discuss concrete ways to combat religious persecution in different parts of the world. A Ministerial is a high-level international gathering of senior-rank government officials and experts.
“It’s truly historic. It’s the first time the State Department has led such a discussion. We’ll have over 80 delegations from countries around the world, many, many religious organizations, NGOs,” Secretary Pompeo told Lauren Ashburn of EWTN News Nightly on Thursday.
During the three-day event, survivors of religious persecution will share their stories, senior U.S. government officials will provide an overview of religious freedom policy goals, and foreign delegations will announce new initiatives to promote freedom of religion.
The State Department announced earlier this week that U.S. Vice President Mike Pence will address attendees on the importance of international religious freedom on July 26.
Ahead of the ministerial, some have criticized Secretary Pompeo’s prior announcement that the event will be a meeting of “like-minded” countries.
“When I said like-minded, I meant those countries that are prepared to begin their walk towards the religious freedom that we have enshrined in our Constitution and that our nation so values and cherishes,” Pompeo told Ashburn.
“I’m sure there’ll be countries here that we have deep disagreements with,” said Pompeo.
Lebanon’s Foreign Minister, Gebran Bassil, is expected to attend the ministerial. On July 19, the American Mideast Coalition for Democracy wrote to the U.S. secretary of state urging him to confront Bassil over the arrest and interrogation of two Maronite Christians in Lebanon earlier this month. AMCD reports that the Maronite Christians were targeted for their contacts with Israeli Christians made at an American conference on reviving the Aramaic language and culture.
Pompeo, who met with North Korean dictator Kim Jong Un earlier this year, has said repeatedly that he raises the issue of human rights when meeting with so-called bad actors, although sometimes privately.
“The State Department takes this issue of religious freedom very seriously. In conversations with countries that don’t live up to the standards of religious freedom that they ought to have, we raise that issue, sometimes privately if we think that’s the most effective way to achieve the change that we’re looking for, and sometimes publicly if we think that will accomplish our goal,” Pompeo told EWTN.
When asked about religious liberty issues within the U.S., Pompeo responded, “My faith teaches me that imperfection is all around us, and when it comes to government that’s certainly the case as well. I think the United States stands as an enormous beacon of religious freedom. I’m confident that we can always do better.”
“But we stand strong here in the United States for religious tolerance and freedom, and I think that’s an important demonstration to the world of how valuable that fundamental human right can be to a strong and successful nation,” he continued.
The State Department currently designates 10 “countries of particular concern” for religious freedom: Burma, China, Eritrea, Iran, North Korea, Saudi Arabia, Sudan, Tajikistan, Turkmenistan, and Uzbekistan. Since becoming Secretary of State in April, Pompeo has led major U.S. foreign policy shifts towards several of these countries, most notably North Korea and Iran.
A state department official has said that Pompeo plans to address the persecution of religious groups in Iran during a speech on Sunday at the Ronald Reagan Presidential Library in southern California.
This year marks the twentieth anniversary of the enactment of the International Religious Freedom Act in 1998 -- the passage of which created the position of ambassador-at-large for religious freedom and other government offices dedicated to the issue.
Ambassador-at-large for International Religious Freedom Sam Brownback will launch the week’s activities with a delegation of survivors of contemporary religious persecution in China, Iran, Iraq, North Korea, Sudan, and elsewhere at the U.S. Holocaust Memorial Museum.
Many other religious freedom events will be held in Washington throughout the week of the ministerial. The Religious Freedom Institute will host U.S. Ambassador to the Holy See Callista Gingrich who will speak on a Vatican perspective on religious freedom on July 24, and the Pew Research center will present their data on global religious restrictions and nationalism in Europe.
“It should be a great gathering where we will make the point that religious freedom is a human right and that every individual ought to have their right to practice their particular religion, or if they have no faith, to not be punished for that either,” said Pompeo.
Posted on 07/20/2018 23:01 PM (CNA Daily News - US)
Chicago, Ill., Jul 20, 2018 / 03:01 pm (CNA/EWTN News).- Fr. C. Frank Phillips, former pastor of St. John Cantius Parish in Chicago, has been asked by his religious superior to move to St. Louis, the priest informed his supporters Wednesday.
Phillips, 68, has been accused of misconduct involving adult men. He was removed as pastor of St. John Cantius March 16, and prohibited from public ministry in the Archdiocese of Chicago by Cardinal Blase Cupich.
In 1998, Phillips founded the Canons Regular of St. John Cantius, with the approval of Cardinal Francis George of Chicago and of the Resurrectionists.
“From the founding of the Canons Regular of St. John Cantius, I have instructed the men how to live the vows of poverty, chastity, and obedience. One of those vows, obedience, may especially challenge Religious because it is difficult to submit your will to a superior,” Fr. Phillips wrote July 18 to Protect Our Priests, a group formed to support and assist him.
“As you know, the Canons are requested not to have contact with me, which is difficult for them and for me as their Founder. Also, I have been asked by my superior to relocate to St. Louis. I am requested to do this not under formal obedience but willingly in the virtue of obedience. Is this difficult? Yes, it is,” he wrote.
The saints “were always obedient to their superiors, and their examples help to sustain me now,” Fr. Phillips wrote. “We need only look to St. Padre Pio to see the extent of his lived obedience. If I could not or would not listen to my superior, how could I then expect the Canons, as their Founder, to be obedient to their superior?”
He said he is uncertain of what the future holds for him, and that “time will tell” what it holds for the Canons.
“I feel confident that they will be blessed with vocations for their dedication to the restoration of the sacred in obedience,” he added.
“I thank everyone who has supported the Protect Our Priests initiative with prayers, sacrifices, Masses, and contributions. May St. John Cantius, our heavenly patron, extend his blessing to all of you.”
The Archdiocese of Chicago forwarded unspecified allegations against Fr. Phillips to the Resurrectionists in March.
The allegations were investigated by an independent review board organized by the Resurrectionists, and by provincial leaders. The results of that investigation were forwarded to the Archdiocese of Chicago by Fr. Gene Szarek, superior of the USA province of the Resurrectionists, along with his own proposal for a resolution.
Szarek sent on May 21 a “votum”- an official opinion- to the Archdiocese of Chicago, in response to the findings of the review board.
Citing “a certain amount of ambiguity between the allegations of the accusers and the testimony of witnesses, including Fr. Phillips himself,” Szarek said he would instruct Fr. Phillips to undergo a psychological evaluation, “and possible sensitivity training in the very near future.”
Fr. Szarek said further that Fr. Phillips should not return to St. John Cantius Parish as its pastor, considering both his age “and out of respect for the Cardinal's own preference.”
The superior also wrote that it “seems fair and just to restore the canonical faculties of Fr. Phillips” because “no civil or ecclesiastical crime had been established.”
He noted that Fr. Phillips' accusers “thought that his removal from the parish was all that they desired.”
Fr. Szarek also wrote that since Fr. Phillips is founder of the Canons Regular of St. John Cantius, “the ideal would be his restoration as their superior general.”
The Canons Regular are incardinated in the Chicago archdiocese, and their assignments are made by the Archbishop of Chicago, Fr. Szarek noted, so “there is no fear that Fr. Phillips could possibly interfere in some way” with the archbishop's decisions.
“The historical reality of his being the Founder and his ongoing provision of spiritual leadership would be salutary for all,” Fr. Szarek stated, adding that Fr. Phillips “would obviously not reside” at St. John Cantius Parish.
“If the above recommendation is unfeasible, then at least he and the Canons should not be prevented from communication.” A prohibition on communication between Phillips and the Canons Regular had not previously been reported.
Despite Fr. Szarek's proposal, Cardinal Cupich declined to allow Fr. Phillips to minister publicly. Ordinarily, a priest prohibited from public ministry is able to celebrate Mass only in private, and is not able to hear confessions or celebrate other sacraments, unless a person is in immediate danger of death.
“We accept the Archdiocese's decision that Fr. Phillips' faculties for public ministry will remain withdrawn and that he not return as pastor of St John Cantius and as Superior of the Canons Regular of St. John Cantius,” Fr. Szarek wrote in a June 24 letter to the parishioners of St. John Cantius parish.
Paula Waters, a spokeswoman for the Archdiocese of Chicago, told the Chicago Tribune June 25 that though Fr. Phillips had not been found to have violated civil or canon law, there was other information that justified barring him from exercising public ministry.
“There are standards for behavior,” Waters told the Tribune.
Stating that the review board recommended that Fr. Phillips not return to St. John Cantius as pastor “and on other factors, the cardinal decided that his faculties to minister would remain withdrawn,” she said.
When asked about the removal of Fr. Phillips' faculties, a Chicago archdiocese spokeswoman told CNA June 26 only that “it was recommended that Fr. Phillips not return to ministry at St. John Cantius” in the Resurrectionists' investigation report.
In his letter informing the St. John Cantius community of Cardinal Cupich's decision, Fr. Szarek wrote: “While we know this news will disappoint some of Fr. Phillips' supporters, we hope everyone will come to understand that this process was conducted with prayerful deliberation and sincere compassion.”
In a June 29 statement Fr. Szarek said that reports “the Independent Review Board exonerated Fr. Phillips are without foundation.”
Fr. Szarek added that he has offered his support to those accusing Fr. Phillips of misconduct and has "assure[d] them of appropriate pastoral care." He said this "is surely a difficult time for those who have suffered in any way, and I entrust their care to your prayers."
Posted on 07/20/2018 19:27 PM (CNA Daily News - US)
Washington D.C., Jul 20, 2018 / 11:27 am (CNA/EWTN News).- As Judge Brett Kavanaugh prepares for Senate confirmation hearings, the Supreme Court nominee’s record is being examined for indications of how he might handle a move to overturn Roe v. Wade.
Kavanaugh is widely considered to be a constitutional originalist and known to be a practicing Catholic, and how he might approach a hypothetical move to overturn the landmark abortion case is expected to dominate the confirmation process.
President Trump made numerous public commitments to appoint pro-life judges and justices as part of his presidential campaign but, as previous presidents have found, it can be hard to predict how a nominee might rule once on the court. Justices Sandra Day-O’Connor and Anthony Kennedy, whose resignation opened the seat for which Kavanaugh has been nominated, were appointed by Ronald Reagan but voted to uphold abortion rights while on the court.
During Senate confirmation hearings candidates traditionally underscore their commitment to existing precedent and their judicial impartiality, and steer clear of responding to hypothetical cases. As a result, Senators often focus questions on previous decisions reached by a nominee in lower courts. Ahead of Kavanaugh’s hearings, attention is now turning to his 12 years on the U.S. Court of Appeals for the District of Columbia.
Because of the unique circumstances and demographics of the District, challenges to local abortion laws are almost unheard of, so there are few direct examples look at. The most high-profile case Kavanaugh has heard on abortion came last year.
The case involved a 17-year-old unaccompanied minor detained while trying to enter the country. While in a government shelter, she sought access to an abortion. Government workers denied her request. In his hearing of the case on appeal, Judge Kavanaugh sided with the government, who argued that there was no “undue burden” placed on the girl by making her wait until she was either released to a sponsor, or returned to her home country.
The Court of Appeals eventually decided in favor of the abortion, but Kavanaugh issued a strong dissent, saying the decision was based on “a constitutional principle as novel as it is wrong.” He said that the decision created a new right for unlawful immigrant children to abortion on demand from the government.
The American Civil Liberties Union, who acted on behalf of the minor (given the name Jane Doe in the case) called Kavanaugh’s reasoning a “cause for concern when it was issued last year, [but] it’s taken on far more importance now.”
Writing on the ACLU’s website July 18, Brigitte Amiri, who was in court on behalf of Jane Doe, said “Given that Judge Kavanaugh allowed the government to further obstruct Jane Doe’s access to abortion, we should all be gravely concerned about what his appointment means for the future of Roe.”
Kavanaugh has previously called Roe v. Wade “binding precedent” which he as a judge had to “faithfully follow.” But, as Amy Howe noted July 18 on scotusblog.com, precedent that was binding on him as an appeals court judge would be available for him to overturn on the Supreme Court.
Several cases involving state laws limiting access to abortion are expected to reach the Supreme Court in the coming term; a new consideration of the “right to abortion” is likely. An Indiana law banning abortion after a medical diagnosis for the unborn child was recently struck down by the 7th Circuit Court of Appeals, and many are expecting the state to appeal to the Supreme Court.
Numerous pro-life organizations have praised Kavanaugh’s nomination. The National Right to Life Committee called him “exceptionally well qualified” and predicted he would be the target of a “smear campaign.”
The Senate is expected to begin confirmation hearings in September.
Posted on 07/20/2018 01:20 AM (CNA Daily News - US)
Phoenix, Ariz., Jul 19, 2018 / 05:20 pm (CNA).- A new Arizona law awards contested custody of frozen embryos to the parent seeking to “develop them to birth.” A Catholic bioethicist told CNA it was a “positive development” in an otherwise unusual ethical situation.
The law, which came into effect July 1, is first of its kind in the United States. It was partly inspired by a custody dispute over frozen embryos. Ruby Torres, a 37 year old woman from Arizona, and her ex-husband John Joseph Terrell created the embryos prior to Torres’ treatment for breast cancer, when she was told she was unlikely to conceive after radiation and chemotherapy. They married shortly thereafter, divorcing three years after she had finished cancer treatments.
Seven embryos were created and remain frozen in storage. Torres told the judge during divorce proceedings that she wanted the embryos,calling them her last chance of having a biological child. Terrell protested, saying he did not want to become a father or be responsible for supporting a child.
Last year, the judge ruled that the embryos should be donated, but not to Torres. She appealed this decision. The law does not apply retroactively to this case or other similar cases.
In other custody disputes, judges have ordered frozen embryos to be either destroyed, remain frozen until an agreement can be made, or donated for use in research purposes. Rarely have they been awarded to a person seeking to actually gestate a child.
Should an embryo be successfully carried tol birth, the Arizona law does not make the unwilling party liable for child support.
Critics of the law say that it “forces” people to become parents against their will. Dr. Ted Furton, director of publications at the National Catholic Bioethics Center, said that this argument is the result of a mentality that considers embryos to be property, not human life.
“As soon as you produce embryos, the man and wife are parents,” Furton told CNA in an interview. “Parenthood doesn't happen later, it happens at that moment.”
“So, they're already parents. What they don't realize when they say 'I don't want to be a parent'--it's too late.”
Furton said that he thought the law’s recognition of an embryo as a human life and not as a form of property was a “very positive development” and a “good sign,” and that he is hopeful these kinds of laws would help people “to better understand that these are indeed human lives, and like every human life, deserve protection.”
Posted on 07/19/2018 23:15 PM (CNA Daily News - US)
Washington D.C., Jul 19, 2018 / 03:15 pm (CNA).- A Virginia man filed a police report Monday, alleging that from the age of 11 he was sexually abused and assaulted serially by now-Cardinal Theodore McCarrick, who was a priest of the Archdiocese of New York when the abuse was alleged to have begun.
The New York Times reported July 19 the man’s allegation, that McCarrick began sexually abusing him in 1969, when the priest was 39 and the man, “James,” whose full name has not been reported, was 11 years old. McCarrick was reportedly a friend to the alleged victim’s family.
The man says that he continued to be sexually abused by McCarrick for almost two decades, the Times reported.
The man claims that the abuse contributed to alcohol and drug habits that plagued him for years. He also says that he attempted to disclose the abuse to his father several years after it began, but was disbelieved, according to the Times.
In 1969, when the abuse is alleged to have begun, McCarrick ended a four-year term as president of the Catholic University of Puerto Rico, and became assistant secretary for education in the Archdiocese of New York. In 1977, he become auxiliary bishop of New York, and later became the Bishop of Metuchen, Archbishop of Newark, and, eventually, Archbishop of Washington.
Criminal statutes of limitation may prevent McCarrick from being charged with crimes relating to the abuse alleged Monday. A canonical statute of limitations, known technically as prescription, might also preclude the possibility that McCarrick face canonical charges for the alleged abuse, although the Vatican’s Congregation for the Doctrine of the Faith is authorized to waive that statute in certain circumstances.
Joseph Zwilling, spokesman for the Archdiocese of New York, told CNA Thursday that the archdiocese learned of these allegations only when the New York Times article was published.
The archdiocese has not heard from law enforcement agencies about this matter, or from the alleged victim or his attorney, Zwilling said, adding that he hopes the victim or his attorney will contact the archdiocese, directly, or through the archdiocese’s Independent Reconciliation and Compensation Program, an independently managed entity designed to assist victims of clerical sexual abuse in the Archdiocese of New York.
A source close to McCarrick told CNA that he had not received any official notification of the allegation and is therefore unable to respond. The source said the cardinal is committed to following the processes put in place by Church authorities regarding the allegations.
On June 20, the Archdiocese of New York, announced that it had concluded an investigation into a different allegation that McCarrick had sexually abused a teenager, finding the claim to be “credible and substantiated.”
The Vatican was informed of that accusation, and as a result, Vatican Secretary of State Cardinal Pietro Parolin, by order of Pope Francis, prohibited McCarrick, 88, from public ministry.
Since that announcement, media reports have detailed additional allegations, charging that McCarrick sexually abused, assaulted, or coerced seminarians and young priests during his time as a bishop. The Diocese of Metuchen and Archdiocese of Newark disclosed that they had recevied reports that McCarrick engaged in sexual misconduct with adults, and reached legal and financial settlements in two cases.
The cardinal is prohibited from contact with minors in the Archdiocese of Washington, pursuant to the archdiocesan safe environment polices, a spokesman for the archdiocese told CNA, though that prohibition was not been publicly announced when McCarrick's prohibition from public ministry June 20.
Until recently, McCarrick was resident at a DC-area Catholic nursing-care facility administered by religious sisters, sources tell CNA that he is no longer living there.
The Vatican has not announced if McCarrick will face canonical charges related to the initial allegation of sexual abuse. Sources tell CNA that the matter is being addressed at the Vatican under the direct supervision of Pope Francis.
This story was updated July 20 and is developing.