Sunday, August 21, 2016

Deacon Mike's homily for 21st Sunday in Ordinary Time

This is the text of Deacon Mike’s homily Sunday. Unfortunately the sound system at St. Augustin was down and many did not hear, but asked that it be posted. 

21st Sunday in Ordinary Time – August 21, 2016
St. Augustin Catholic Parish, Des Moines, Iowa
Deacon Mike Manno

Readings: Isaiah 66:18-21; Hebrews 12:5-7, 11-13; Luke 13:22-30 

Good Morning – 

            The readings this morning – “enter through the narrow gate,” “depart from me you evildoers,” and “waling and grinding of teeth” certainly sets a homilist up for a good “hellfire and brimstone” message; and I was very tempted to go with that. You know there is something about a little “hellfire and brimstone” that would just make my day, but, I’m going to demur – at least for the moment.
            Instead, something caught my eye in the National Catholic Register the other week that piqued my interest. It was a story about the Republican nominee for vice president, Indiana Governor Mike Pence. Like his counterpart on the Democratic ticket, and the incumbent vice president, Gov. Pence was born and raised a Catholic. Unlike the other two, who have – shall we say – reinterpreted some Catholic moral teaching – Gov. Pence hasn’t. But also unlike the other two, he has left the Church.
            He was raised in a strong Irish-Catholic family, was an altar boy and even considered becoming a priest. But when he got to college -- he says in an interview, he turned his life over to Christ and sought a more personal relationship with him. Thus he was led to an Evangelical Protestant church.
            Now that, in and of itself, is just a mildly interesting story about a current political figure. At least until you consider some of the statistics that pertain to this story.
            A recent Pew Research survey found that 13% of adults raised Catholic now consider themselves evangelicals. In fact, Pew has found that among those leaving the Church, most have affiliated with another church and predominant among them are evangelical churches. The reason most given is that they are seeking a “more personal” relationship with God. Seventy-one percent of them said their spiritual needs were not being met in the Catholic Church.
            Now these are findings that just boggle the mind, especially considering that, like Gov. Pence, these are sincere people that have a strong faith and value system.
            So the question I ask is “why?” What has happened?” After all, this is the Church founded on the Apostle Peter – we’ve been in the business of bringing people to God for 2,000 years – evangelical churches are relatively new upstarts, what do they know that we might have misplaced or forgotten?
            Sherry Weddell, is the director of the Catherine of Siena Institute, which is dedicated to equipping parishes for the evangelization and formation of lay Catholics. She is also the author of the book “Forming Intentional Disciples.” She relates a story of a Catholic man who was in full-time ministry forming clergy who told her that until he read her book he didn’t realize it was possible to have a personal relationship with God.
            You know, since the time of Vatican II the Church has tried to become less clerical and more lay-involved. While we’re not a do-it-yourself church, the idea is that the laity will find for themselves ways utilizing the framework of the Church, its teachings, dogmas, sacraments, and the like to make a personal journey of faith and therefore to draw closer to God. While some do that very well, many others feel comfortable with just the basics – not willing to stray too far from Sunday Mass attendance and the reception of the Eucharist. Still others, like Gov. Pence, may feel frustrated, wanting more on their faith journey.
            So how do we translate all this? How do we – and I hate to phrase it this way – become more evangelical? In fact, that’s not a bad way to phrase it: How do we become Catholic evangelicals?
            Well, I know a lot of evangelicals, especially in my work with drug and alcohol dependents and prisoners, and now with Catholic media. I also know a number of evangelical ministers. So let me give you three things that I see them do that I think some of us miss in the hustle of our busy lives, especially those who would like to have a closer relationship with God and a more satisfying spiritual life.
            The first is that they read scripture on a regular basis. I know many Catholics who only read and hear scripture from the Sunday readings. Folks, that’s not enough. Evangelical friends of mine tell me that they won’t start their day without reading from the bible for at least 15 minutes. Many will read it again at night or on their lunch breaks, and some do it as part of a family gathering.
            Now I understand that we Catholics have developed a reputation of non-bible readers. A lot of that comes from our history: there were no printing presses for the first 1,500 years of our existence; and, until recently the literacy rates were such that most people couldn’t read a bible even if they could get one.
            That is not true today. There are many inexpensive editions of the bible that you can easily obtain – some are paperback versions that you can highlight and write in without ruining that big old family bible that you keep for show but is too awkward to read. Anytime I’ve been with an evangelical I’ve always noticed how worn their bible is and how much highlighting and hand written notes were in it.
            So number one, if you are seeking more spiritual growth or a closer relationship with God, get yourself a bible and read it! You will be surprised how much more sense everything here will make when you read what God has said to us through his inspired authors.
            Second is a good prayer life. We’re taking a survey on prayer this week – so please make sure you take part. People that I know who have a deep relationship with God are people who have a well developed prayer life. They are in almost constant prayer – and it’s not just prayer when they need something; it is grateful prayer for what they do have even if by our standards it may be very little. They know where their bounty comes from, are generally satisfied, and grateful.
            Now we have a chapel – open 24 hours – where you can come face-to-face with Jesus and open yourself to him. It’s a wonderful place to come and read scripture. But whether you do it here or in the privacy of your own room, it is something that we all need to do. And there are all sorts of things this parish does to help you, including our upcoming Christ Renews His Parish weekend retreats that are guaranteed to deepen your faith; and if you come, we’ll even give you a new bible.
            The third thing I see is that evangelicals are not afraid to evangelize. They are not shy about talking about their faith. Now I know some can be a bit obnoxious about it, and I’m certainly not suggesting that you start going door-to-door asking neighbors if they really know Christ. But when the subject comes up in conversation – and in today’s culture it surely will – don’t shy away: stick up for our beliefs, kindly and in a pastoral way, but firmly.
            People should know you are a Christian and why. There is nothing to be ashamed of or fearful about. Be faithful in you conversations, after all, you might open someone else’s eyes, mind, and heart to who this Jesus really is.
            And when we do these things we’ll understand better the message we get from scripture. We’ll understand the message from our second reading today about accepting God’s discipline – that it’s not to punish but to train in virtue – and we’ll better understand God’s concept of entering through the narrow gate and how to more easily spot the “false teachers” Jesus warns us of over and over – especially in today’s culture where it is assumed that the easy path – not the narrow gate – is the way to happiness – and that very real people, like those Jesus speaks of in today’s Gospel, do go to Hell.
            So I think we can learn something from our evangelical friends that will help us on our journey: Know and read the bible; develop a deep and spiritual prayer life; and don’t deny your faith by your silence.
            Unfortunately today’s society does not put much stock in Jesus and his message – you only need to read a daily newspaper or watch the evening news. Personal gratification – not unity with Christ – is being preached by the high priests of secularism. God is being separated from his people and put into a box that we dare not open.
            The Gospel message is being parsed and we are taught to accept those things that lead to the wide, not the narrow, gate. And in doing so we are being asked to become our own savior, replacing the man who hung on a cross for three hours for us.
            But that won’t work for those filled with the evangelical spirit. They understand through their deep relationship and knowledge of God what the truth really is.
            Those who follow society through the wide gate will hear the words of today’s Gospel, “I do not know you … depart from me … there will be wailing and grinding of teeth.”
            But those filled with the Spirit of God, those who truly seek to know him better and follow his truth, and whose faith is strong enough to resist societal pressures, will hear different words: “Well done, my good and faithful friend.”

Thursday, August 18, 2016

Raleigh’s City Counsel aborts pregnancy center plans

RALEIGH, NC – Attorneys representing Hand of Hope Pregnancy Resource Center filed a federal lawsuit this week challenging the Raleigh City Council’s decision prohibiting the pregnancy help center from providing women free pregnancy education and support. The Hand of Hope location is next to an abortion clinic, Preferred Women’s Health on Jones Franklin Road. Hand of Hope is a not-for-profit, pro-life ministry which shares God’s love and free resources with women facing the challenges of an unplanned pregnancy.   

“Pregnant women in Raleigh should be allowed to choose Hand of Hopes’ free help and support and should not be limited to an abortion clinic. Those who go to Preferred Women’s Health will not be fully informed about their choices.” said Hand of Hope’s Executive Director Tonya Baker Nelson.

Earlier this year, Hand of Hope went through the zoning process and obtained favorable votes from the Citizen Advisory Council and Planning Commission. From a land use perspective, the Planning Commission and City Zoning Staff unanimously found that Hand of Hope’s use was consistent with the Comprehensive Plan and compatible with the surrounding area. In fact, Hand of Hope was pleased that the City’s official plan adopted in 2013 was to rezone the property that would have allowed for the ministry’s needs. Nevertheless, the City Council ignored its own staff, the Planning Commission and Citizen Advisory Council and voted to deny Hand of Hope’s zoning request on July 5, 2016. Though the City’s plan is to eventually rezone the property, the City Council indicated that it would be “premature” to rezone it now.    

The City Council and City Attorney further defended the decision by citing their power and “wide discretion” to decide what is the best use for Hand of Hope’s property. The lawsuit however claims that the City’s power and discretion is limited by the United States Constitution and the Religious Land Use & Institutionalized Persons Act. This federal law was passed in 2000 after Congress uncovered widespread discrimination against religious organizations in land use regulations across the country. 

“The City Council is not above the law and tried to hide their political power play. Thankfully, the federal law was put in place to prevent politicians from masking their political preferences behind broad discretionary regulations,” said attorney Noel Sterett of Mauck & Baker in Chicago, representing Hand of Hope. “I hope we can all agree that our freedoms, property rights, and a woman’s right to be fully informed should not be subject to the political whims and discretion of a few city council members,” added Sterett. 

Read the lawsuit filed by Mauck & Baker in Federal Court here.

Wednesday, August 17, 2016

Journalists seek to lift injunction on release of University of Washington fetal tissue research records

Thomas More Society filings say federal court has
no jurisdiction to halt public records release

This week, Thomas More Society attorneys filed papers in the United States District Court for the Western District of Washington seeking to lift a temporary injunction against release of public records related to the University of Washington’s Birth Defects Research Laboratory and its use of aborted fetal body parts. The university and lab were the recipients of an open records request as part of an investigation into their acquisition of fetal tissue
and organs. A group of abortion clinic personnel and public employees, supported by the University of Washington itself, responded by seeking restraining orders and court injunctions to stop the release of public records. The initial request for records was made by undercover journalist and head of the Center for Medical Progress, David Daleiden, who over the past year has exposed Planned Parenthood’s role in the trafficking of baby body parts. 

“The people have a right to know how their government is run,” explained Peter Breen, Thomas More Society Special Counsel. “The plaintiffs here work at a taxpayer-funded state university, and their work is subject to the same sunshine and open records laws as any other government employee. We have filed papers with the court demanding the lifting of the temporary injunction against release of the public’s records and dismissal of this frivolous lawsuit.” 

The attorneys for Daleiden noted the following points in documents submitted to the court: 

  • Public employees and those doing business with the government have no federal or state constitutional right to privacy in connection with their work for a state agency which is subject to broad open records law.
  • The State of Washington’s commitment to openness in government does not allow redaction of names of public employees and those doing business with the government.
  • The plaintiffs’ claims related to the public records act must be heard by the Washington state courts and not federal courts.
Daleiden and his lawyers filed two responses to the plaintiffs’ motions for temporary injunctions, a motion to dismiss the lawsuit, and a declaration by Daleiden detailing the involvement of the University of Washington in aborted fetal parts research. The Thomas More Society filings assert that Washington’s Public Records Act does not allow for the restraining orders and injunctive relief requested by plaintiffs, along with detailing the lawsuit’s lack of subject matter jurisdiction and failure to state a claim on which relief may be granted.  

“The abortion clinic and fetal tissue personnel who brought this lawsuit should not be allowed to prevent the people of the State of Washington from monitoring their government’s involvement in the national controversy over aborted fetal body parts,” added Breen. “These plaintiffs seek to stop release of records owned by the public, but the Washington Public Records Act requires transparency and openness, not obfuscation and delay. We are confident that the public’s right to know will be vindicated in court.” 

Read last night’s filings:


About the Thomas More Society

The Thomas More Society is a national not-for-profit law firm dedicated to restoring respect in law for life, family, and religious liberty. Headquartered in Chicago, the Thomas More Society fosters support for these causes by providing high quality pro bono legal services from local trial courts all the way up to the United States Supreme Court. For more information, visit www.thomasmoresociety.org.

Monday, August 15, 2016

The plight of Christians in the Mid-East -- Next on FOT

This week we are turning our attention to the plight of Christians in Nigeria, Africa, and other points in the Mid-East with Ann Buwalda, executive director of Jubilee Campaign USA, a non-profit organization which promotes the human rights and religious liberty of ethnic and religious minorities such as those in Pakistan, Iran, Iraq, Syria, Egypt, Nigeria, China, North Korea and others.

Ann is an experienced immigration attorney with U.S. business visas, religious worker visas, family-based petitions, and asylum and refugee cases.  She has served as adjunct professor teaching Immigration Law at Regent University in 1996 and teaching International Religious Freedom Law in 2011.  From 2002-2009 she annually taught Refugee and Human Rights Law as an adjunct professor at Handong International Law School in Korea. She has also given numerous immigration law presentations for professional associations, and her immigration law related published articles include: Immigration Law and the Church: How to Welcome the Stranger, Legally, Church Law & Tax Report, Nov/Dec 2010, (feature article published by Christianity Today International) and "Strangers Among Us: How Immigration Law Affects the Church," Enlightenment, Spring 2010 (published in "Church & Law: Navigating the Legal Maze" special issue).
Jubilee Campaign works to promote and protect vulnerable women and children from bodily harm and sexual exploitation, paying particular attention to the scourge of human trafficking or modern slavery. Jubilee Campaign holds consultative status at the United Nations from the Economic and Social Council.
Join Deacon Mike Manno and Gina as they discuss these religious freedom issues with Ann on Faith On Trial Tuesday at 9 a.m. (Central) on Iowa Catholic Radio, 1150 AM; 88.5 & 94.5 FM and streaming on IowaCatholicRadio.com, where podcasts of earlier programs can be found. The program will be rebroadcast at 9 p.m.
FOTis brought to you by our loyal sponsors: Attorney Rick McConville, Coppola, McConville, Coppola, Carroll, Hockenberg & Scalise PC 2100 Westown Parkway, West Des Moines, 515-453-1055; and Confluence Brewing Company – off the Bike Trail just south of Grey’s Lake, 1235 Thomas Beck Road where there is live entertainment in the tap room every Thursday.

Thursday, August 11, 2016

First Liberty says court ruling against marine is “shameful,” announces they will appeal to Supreme Court


Court of Appeals for the Armed Forces denies constitutional rights to Marine
court-martialed over a Bible verse

 WASHINGTON, DC – Today, the Court of Appeals for the Armed Forces (CAAF) issued an opinion in the case of United States v. Sterling, denying a United States Marine her constitutional right to religious freedom.  

“This is absolutely outrageous,” Kelly Shackelford, President and CEO of First Liberty Institute, says. "A few judges decided they could strip a Marine of her constitutional rights just because they didn’t think her beliefs were important enough to be protected. If they can court-martial a Marine over a Bible verse, what’s to stop them from punishing service members for reading the Bible, taking about their faith, or praying?” 

"General Patton famously prayed on the eve of battle,” Mike Berry, Director of Military Affairs for First Liberty Institute, says. “According to the majority opinion, if General Patton couldn't prove how important praying was to him, he could be court-martialed for his prayer."  

“This is shameful, it’s wrong, and it sets a terrible precedent, jeopardizing the constitutional rights of every single man and woman in military service,” Shackelford says. “We will appeal directly to the U.S. Supreme Court. This cannot be allowed to stand." 

First Liberty Institute, along with former solicitor general of the United States, Paul Clement, of Bancroft PLLC, represented LCpl Monifa Sterling at an April hearing before the CAAF. LCpl Sterling was court-martialed for refusing to take a Bible verse down from her workspace.  

Read more and view legal documents at SterlingFacts.com.  

About First Liberty Institute

First Liberty Institute is the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans. 

Monday, August 8, 2016

California attempts to cut aid to students at religious schools

Daniel Blomberg
A bill (SB 1146) now pending in the California legislature will cut aid for students attending certain private religious colleges. The bill follows last year’s failed attempt to cut grants for all private colleges. While the religious schools have high 4-year graduation rates, the attack the bill, if passed, will force many minority and low-income students into the California State University system which graduates only about 9 percent of minority students.  

“SB 1146 represents politics at its worst,” says Montserrat Alvarado of the Becket Fund for Religious Liberty. “Whatever the political spin, the reality is that SB 1146 directly harms California’s most vulnerable students—many of whom are the first in their families to go to college—and will cost California taxpayers hundreds of millions.”
SB 1146 will most severely harm California’s African-American and Latino students. Such students disproportionately come from communities that are both deeply religious and financially disadvantaged. They enjoy very high rates of success at religious colleges like Fresno Pacific University, which graduates 60 percent of African-Americans and 70 percent of Latinos within 4 years. But by comparison, the California State University system—where most poor minorities would be funneled if SB 1146 passes—manages to graduate only about 9 percent of African Americans and Latinos in 4 years. 
On hand to discuss this matter Tuesday will be Attorney Daniel Blomberg of the Becket Fund for Religious Liberty. Before joining Becket, he clerked for Chief Judge Alice M. Batchelder of the U.S. Court of Appeals for the Sixth Circuit and, before that, served as litigation counsel with Alliance Defending Freedom. He has been featured on CNN's The Leader with Jake Tapper, Fox News's On the Record with Great Van Susteren, Fox Business's Cavuto Coast to Coast, Huffington Post Live, EWTN Nightly News, and CBS Evening News.
Join Deacon Mike Manno and Gina Noll Tuesday at 9 (Central) on Iowa Catholic Radio, 1150 AM; 88.5 & 94.5 FM and streaming on IowaCatholicRadio.com.   The program will re-broadcast at 9 p.m. and old programs can be found here.
FOT is on the air thanks to our loyal sponsors and underwriters: Attorney Rick McConville, Coppola, McConville, Coppola, Carroll, Hockenberg & Scalise PC 2100 Westown Parkway, West Des Moines, 515-453-1055; Confluence Brewing Company – off the Bike Trail just south of Grey’s Lake, 1235 Thomas Beck Road where there is live entertainment in the tap room every Thursday, and Rob denHartog, Wealth Management Advisor at Northwestern Mutual Life, NW corner of 128th Street and Hickman Rd, 515-210-4472.

Former U.S. attorney general: Proposed American Bar Association rule is “clear and extraordinary threat” to First Amendment

Attorney General Edwin Meese III and First Liberty President Kelly Shackelford send letter to the American Bar Association calling for the rejection of a proposed rule that could threaten attorneys’ free speech and religious liberty
 
San Francisco – Former United States Attorney General Edwin Meese III and Kelly Shackelford, President and CEO of First Liberty Institute, sent a letter to the American Bar Association (ABA) House of Delegates denouncing the ABA’s proposed Model Rule 8.4 as a “clear and extraordinary threat to free speech and religious liberty.”  


An ABA committee has recommended that the ABA adopt a new ethics rule at the annual ABA meeting on August 4-9 in San Francisco. Meese and Shackelford say this rule would create a virtual “speech code” for attorneys, which could be used to punish “political viewpoints” and “religious beliefs” of lawyers and clients. 

Under the new rule, attorneys could be disciplined by state bar authorities for expressing views, representing clients, or belonging to an organization that holds views that diverge from modern social orthodoxy on controversial issues such as marriage, immigration, and more.  


In the letter, Meese and Shackelford quote Professor Eugene Volokh of UCLA School of Law who contends that “a discussion with people” at dinner about “Christianity, black-on-black crime, illegal immigration, differences between the sexes,” or other topics may also result in the attorney being subject to bar discipline. They contend that the ABA rule could “ban Orthodox Jews, Christians, Muslims, and those of other faiths” from practicing law or obtaining legal counsel on controversial issues.  

“This proposal goes far beyond state law, violating the very spirit of the First Amendment,” Meese, who served as the 75th attorney general of the United States, says. “If implemented nationally, it could lead to the automatic disbarment of attorneys and judges over their private speech and beliefs.”  

“The fundamental purpose of our legal system is to ensure freedom,” said Kelly Shackelford, President of First Liberty Institute. “The law should protect the right of people to disagree with each other regarding important issues, not be used as a weapon to punish those who dissent from government mandated orthodoxy.”  

The ABA House of Delegates is expected to hold a vote on the rule on August 8 or 9. 

About First Liberty Institute 

First Liberty Institute is the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans. 

Monday, August 1, 2016

Stemming the tide of campus hate against Jews and Christians

Over the past decade, U.S. college campuses have experienced a rising tide of anti-Semitism, including violent attacks, threatening behavior, and discriminatory harassment. Likewise, Christians on college campuses have increasingly become the targets of overt, hostile behavior by some colleges and student organizations.

Compounding the victimization, a number of prominent colleges and universities have failed to adequately enforce campus and legal policies designed to protect students against religious and ethnic harassment. Additionally, the current U.S. Department of Education under President Obama has failed to vigorously enforce civil rights anti-harassment and discrimination prohibitions against colleges and universities that receive federal funding, allowing a toxic atmosphere of mistrust, hate and violence against Jewish and Christian students to fester on many campuses.
Because of this the Southeastern Legal Foundation has stepped in with its Student Freedom & Safety Project to stem the tide of harassment against Jewish and Christian students and their organizations.
This week on FOT, Todd Young, Executive Director for Southeastern Legal Foundation,
Todd Young
will join us to discuss the project and concerns about the religious freedom rights of students. Southeastern Legal is an Atlanta-based constitutional public interest law firm and national policy center.  Todd has served with the Foundation since 1994, directing policy, outreach and media relations programs.  Listed since 1998 in The Heritage Foundation's Guide to Public Policy Experts, he is published regularly in national newspapers and magazines and appears on television news and radio programs. He received a B.A. in English from Davidson College, Davidson, NC, and a J.D. from Georgia State University College of Law. 
For another great discussion of issues of interest to people of faith, join Deacon Mike Manno and Gina Noll this Tuesday at 9 a.m. (Central) on Iowa Catholic Radio, 1150 AM; 88.5 & 94.5 FM and streaming on IowaCatholicRadio.com. The program will re-air at 9 p.m. and don’t forget, all of our old programs can be heard by checking out our archives on the Iowa Catholic Radio Faith On Trial page.  
And remember our loyal sponsors and underwriters: Attorney Rick McConville, Coppola, McConville, Coppola, Carroll, Hockenberg & Scalise PC 2100 Westown Parkway, West Des Moines, 515-453-1055; Confluence Brewing Company – off the Bike Trail just south of Grey’s Lake, 1235 Thomas Beck Road where there is live entertainment in the tap room every Thursday, and Rob denHartog, Wealth Management Advisor at Northwestern Mutual Life, NW corner of 128th Street and Hickman Rd, 515-210-4472. 

Friday, July 29, 2016

Illinois Governor Bruce Rauner signs SB1564 into law: A blow to conscience rights in Illinois

Friday, Illinois Governor Bruce Rauner signed into law SB 1564, which will force medical personnel and pro-life pregnancy resource centers to refer their patients for abortion and to discuss the “benefits” of abortion with them, in spite of the fact that for all pro-life pregnancy centers and for many doctors and other medical professionals doing so is in direct conflict with their consciences.


Ann Scheidler, Vice President, Pro-Life Action League, issued the following statement on behalf of the League:

“We have learned that, sadly, Illinois Gov. Bruce Rauner signed into law SB 1564, which will force medical personnel and pro-life pregnancy resource centers to refer their patients for abortion and to discuss the “benefits” of abortion with them, in spite of the fact that for all pro-life pregnancy centers and for many doctors and other medical professionals doing so is in direct conflict with their consciences.

“Gov. Rauner had promised during his campaign for office that he would steer clear of social issues. We knew he was not with us on abortion, but trusted that he would not undermine efforts to protect conscience rights and to enact measures that ensured the safety of women.  Not one Republican voted for this anti-conscience bill. Rauner has chosen to side with the pro-abortion Democrats in Springfield, rather than his own party.

“The pro-life movement in Illinois mounted a massive phone, email and letter writing campaign urging Rauner to veto SB 1564. Planned Parenthood and its pro-abortion cronies in the feminist camp ran their own campaign to get him to sign the bill into law.

“This is sad and tragic news. It will result in lawsuits filed against the State of Illinois, which is in a dismal financial state and can ill afford to take on legal battles that are unnecessary. The medical professionals in the state of Illinois deserve to practice their healing art within the freedom of conscience. The pro-life pregnancy centers should be protected from giving exactly the advice that goes against everything they stand for. They will not do it.”

About the Pro-Life Action League

The Pro-Life Action League was founded by Joe Scheidler in 1980 with the aim of saving babies from abortion through direct action. Not content to await a political or judicial solution to abortion, the League seeks to stop the killing of unborn children right now through all available peaceful means, including public protest, sidewalk counseling, education, youth outreach, and national leadership. Visit
www.prolifeaction.org to learn more.

Wednesday, July 27, 2016

Court to decide: Can discriminatory law end education program?

Old anti-Catholic law being used to keep funding from low-income, special needs children

WASHINGTON, D.C. –  Nevada activist groups continue their quest to block low-income and special needs children from receiving a quality education by using an anti-Catholic law from the 19th century to shut down a Nevada program. In a brief filed yesterday, Becket urged the Nevada Supreme Court to protect the children and the religious schools they attend from discrimination.
In 2015 the state of Nevada created the Educational Savings Account (ESA) program, which allows parents to use a portion of their public school funds to pay for books, tutoring and tuition, in an effort to improve education for Nevada children -- especially low-income and special-needs children. However, activist groups including the ACLU want to end the program simply because children may come into contact with religion. To do this, the groups are using the state’s Blaine Amendment, a 19th century law rooted in anti-Catholic bigotry. Earlier this year a lower court dismissed the case but the ACLU appealed to the Supreme Court.
“Nevada can do better than relying on outdated, xenophobic laws,” said Lori Windham, senior counsel of the Becket Fund for Religious Liberty. “A law that was created to discriminate against Catholics long ago shouldn’t become an excuse to bar children from the education they need or discriminate against all religious schools today.”
Blaine Amendments were passed during a wave of anti-Catholic bigotry during the 19th century and were designed to keep Catholic organizations—including orphanages, schools and charities—from having access to public funds. Public schools at the time used Protestant prayers, lessons and Bible readings. Today, those laws are being used by the ACLU and other groups against any school that is “too religious.” Because parents might use their ESA funds at religious schools, the groups want the entire program shut down. Both uses of the Blaine Amendment run afoul of the Constitution’s ban of religious discrimination.
"Nevada's program is designed to help children, especially low-income and special-needs children," said Windham. "You shouldn't use a law that once shut down an orphanage program that help children today." 
The Becket Fund for Religious Liberty is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians.

Monday, July 25, 2016

Déjà vu all over again!

A couple of weeks ago we brought you the story of how the Iowa Civil Rights Commission was trying to censor the pulpit speech of priests and ministers, and force their churches to conform to the commissions “gender equity” restroom and shower facilities policy; now we have another administrative agency trying to force speech on unwilling physicians.

Steven H. Aden
Alliance Defending Freedom attorneys filed suit in federal court last week against the Vermont Board of Medical Practice and the Office of Professional Regulation on behalf of health care professionals who wish to abide by their oath to “do no harm.” The state agencies are construing Vermont’s assisted suicide law as requiring them, regardless of their conscience or oath, to counsel patients on the option of doctor-prescribed death.
“The government shouldn’t be telling health care professionals that they must violate their medical ethics in order to practice medicine,” said ADF Senior Counsel Steven H. Aden, who will be our guest on FOT this week. “These doctors and other health care workers deeply believe that suffering patients need understanding and sound medical treatment, not encouragement to kill themselves. The state has no authority to order them to act contrary to that sincere and time-honored conviction.”

Since joining ADF in 2008, Mr. Aden has focused his litigation efforts on the sanctity of human life, free speech on public university campuses, and the constitutionality of faith-based initiatives. He earned his J.D. in 1989 from Georgetown University Law Center, graduating cum laude. He is admitted to the bars of the District of Columbia, Virginia, and Hawaii (inactive). He is a member of the bars of the U.S. Supreme Court and numerous federal circuit and district courts. Aden has also authored numerous law review articles on constitutional law and civil rights, and is a frequent media commentator.
So Tuesday, join Deacon Mike Manno and Gina Noll as they discuss this issue with Mr. Aden, as well as a review of other topics of interest to people of faith. FOT airs on Iowa Catholic Radio, 1150 AM; 88.5 & 94.5 FM at 9 a.m. (Central) and re-broadcasts at 9 p.m. The program also streams on IowaCatholicRadio.com where podcasts of earlier shows can be found.
FOT is on the air courtesy of our loyal sponsors: Attorney Rick McConville, Coppola, McConville, Coppola, Carroll, Hockenberg & Scalise PC 2100 Westown Parkway, West Des Moines, 515-453-1055; Confluence Brewing Company – off the Bike Trail just south of Grey’s Lake, 1235 Thomas Beck Road where there is live entertainment in the tap room every Thursday, and Rob denHartog, Wealth Management Advisor at Northwestern Mutual Life, NW corner of 128th Street and Hickman Rd, 515-210-4472.

Sunday, July 24, 2016

Victory for Religious Liberty in Missouri against Obamacare’s “Abortion Pill Mandate”

Thursday, a federal district judge in the Eastern District of Missouri granted a summary
Sen. Paul Wieland
judgment in favor of Missouri State Senator Paul Wieland and his wife Theresa against the Obamacare abortifacient/contraceptive mandate, ruling that the federal government could not constitutionally compel them to pay for group health insurance for their family, including young daughters, that includes required coverage for medical services that they deem religiously objectionable. Thomas More Society, which underwrote the lawsuit from its inception, joined its special counsel, Timothy and Matthew Belz of the St. Louis law firm, Otten, Leggat & Belz, LC, in calling this ruling “a significant victory for religious freedom” with significant national implications. 



Judge Jean C. Hamilton granted Paul Wieland and his family permanent protection from Obamacare's mandate that individuals, as well as businesses and other non-church entities, must purchase health insurance for contraception, including pharmaceutical “abortion pills” and sterilization.  The court upheld the family’s right to assert religious objections as a basis for exemption from the mandate as it imposes a substantial burden on the Weilands’ exercise of their religious faith, contrary to the federal Religious Freedom Restoration Act (“RFRA”) – the same federal statute successfully invoked by the for-profit corporation, Hobby Lobby, and later invoked with partial success (so far) by non-profit religious groups such as the Little Sisters of the Poor.

The court rejected the U.S. Justice Department’s arguments that the Wielands suffered no substantial adverse burden from having to comply with the mandate, noting that such compliance would not only entail their coerced purchase of coverage they consider morally objectionable, but that it also would subject them to substantial monetary fines if they chose not to comply. In her 13 ½ page opinion, Judge Hamilton wrote:

“The ultimate impact is that Plaintiffs must either maintain a health insurance plan that includes contraceptive coverage, in violation of their sincerely-held religious beliefs, or they can forgo healthcare altogether, which will result in the imposition of significant penalties (not to mention the potentially crippling costs of uninsured health care).”

Also rejecting the Obama Administration’s insistence that the nation’s insurance markets wouldn’t be able to function if insurers had to tailor each health plan to individual needs and preferences, Judge Hamilton said that the government does not provide the insurance and that it was for private insurers to decide whether or not to offer contraceptive-free plans. 

St. Louis attorney Tim Belz, Thomas More Society Special Counsel, said, “The sad irony here is that this family had to take the Obama administration to court to preserve their constitutionally guaranteed right to religious freedom when, as Judge Hamilton agreed, all the government needs to do is allow people to check a box to opt out of contraceptive coverage.

Tom Brejcha, the Society’s President and Chief Counsel, explained the potentially sweeping impact of this decision.  “In 2014’s Hobby Lobby decision, the United States Supreme Court ruled that privately owned businesses whose owners assert conscientious objections based on sincerely held religious beliefs may not be coerced to comply with the Obamacare Mandate.  For the first time that we’re aware of, this decision now vests that same right of religious liberty in individuals and families across America.”  The Justice Department lost a prior appeal in this same case, and whether it will appeal this final ruling for the Wieland family is unknown.

Read the July 21, 2016, United States District Court, Eastern District of Missouri – Eastern Division Memorandum and Order in Paul Wieland and Teresa Wieland vs. United States Department of Health and Human Services here.
Find background on the case here.

Friday, July 22, 2016

Planned Parenthood loses motion to dismiss claims of libel related to assertions of violence

(July 22, 2016 – Geneva, IL) Today, an order was entered in Kane County Circuit Court, Geneva, Illinois, denying a motion to dismiss by Planned Parenthood of Illinois and its former head, Steve Trombley, in a defamation lawsuit brought by the Thomas More Society, alleging that Planned Parenthood lied when it tried to tie the Pro-Life Action League to violence in four separate public communications. These included full-page ads in area newspapers, Daily Herald and Aurora Beacon News, a letter to City of Aurora aldermen and a related press release. The libel case was filed in 2007, in the wake of controversy over the Planned Parenthood location in Aurora, Illinois, and in response to accusations made in the publications by Planned Parenthood and Trombley that the Pro-Life Action League had a “well documented history of advocating violence.”

One of the full-page advertisements included a photo of a bombed-out abortion clinic in Michigan. 

The first ad, which ran in the Beacon on September 6, 2007, was followed by a “cease and desist” letter from the Thomas More Society on behalf their clients.  This letter demanded a “prompt and public retraction of false, libelous, and malicious statements.”  Planned Parenthood responded with an ad that was more inflammatory and accusatory than the original.

“No one should have to suffer the kind of vicious and false accusations of violence that the Pro-Life Action League has suffered,” said Thomas More Society Special Counsel Peter Breen. “This ruling means that the Pro-Life Action League will finally have the opportunity to clear its name in court against Planned Parenthood’s lies. The League twice beat Planned Parenthood and the abortion industry before the U.S. Supreme Court in a related case, and we look forward to mounting a vigorous prosecution of these defamation claims.” 

The abortion provider’s defense cited a jury verdict in the trial court in NOW v. Scheidler [https://www.thomasmoresociety.org/case/now-v-scheidler/], a verdict reversed and vacated in two decisions by the United States Supreme Court.  That long running case, brought by abortion clinics and the National Organization for Women against the Pro-Life Action League and its founder Joseph Scheidler, father of current League executive director Eric Scheidler.  That suit sought to apply federal racketeering laws, intended to stop organized crime, to the League’s peaceful pro-life advocacy. 

This case had been delayed for years, due to appeals on issues unrelated to the merits of the defamation claims brought by the Pro-Life Action League. 

Read the order entered in Kane County Circuit Court, Geneva, Illinois, today denying a motion to dismiss by Planned Parenthood here 

Read the Thomas More Society’s current Complaint in the Circuit Court for the Sixteenth Judicial Circuit – Kane County, Illinois here 

A copy of the original Beacon News ad is available here. 

Find background on the Thomas More Society’s involvement in Scheidler v. Trombley here.

About the Thomas More Society

Thomas More Society is a national not-for-profit law firm dedicated to restoring respect in law for life, family, and religious liberty. Headquartered in Chicago, the Thomas More Society fosters support for these causes by providing high quality pro bono legal services from local trial courts all the way up to the United States Supreme Court. Visit www.thomasmoresociety.org

Monday, July 18, 2016

This week: Understanding the First Amendment Defense Act

The First Amendment Defense Act, now pending in Congress, provides that “the federal government "shall not take any discriminatory action against a person, wholly or partially on the basis that such person believes or acts in accordance with a religious belief or moral conviction that marriage is or should be recognized as the union of one man and one woman, or that sexual relations are properly reserved to such a marriage."

Roger Severino
While its provisions protect the rights of Christians and people of faith not to participate in same-sex weddings, it has engendered a lot of debate and opposition.
Tuesday, Roger Severino, director of the DeVos Center for Religion and Civil Society at The Heritage Foundation, will be our guest to discuss the provisions of the act and the hurdles it may face in getting passed and signed into law. Roger has recently penned an article for the Daily Signal defending the act which you can find here.
Before joining Heritage in 2015, Roger was a trial attorney in the Department of Justice’s Civil Rights Division. He worked in the Housing and Civil Enforcement Section on dozens of district and appellate court matters, including issues involving the Fair Housing Act and the Religious Land Use and Institutionalized Persons Act. He previously was chief operations officer and legal counsel for the Becket Fund for Religious Liberty, where he argued for the rights of religious believers and houses of worship to be free from discrimination and unjustified government burdens. 
He has also contributed commentary on church and state issues to The Wall Street Journal, The Washington Times, and New Republic Online, and has been interviewed on news topics by CNN, PBS, and C-SPAN, among others.
In addition to Roger, we’ll have our usual news reports and movie review, so join Deacon Mike Manno and Gina Noll at 9 a.m. Tuesday (Central time) on Iowa Catholic Radio, 1150 AM; 88.5 & 94.5 FM and streaming on IowaCatholicRadio.com. The program will be re-broadcast at 9 p.m. Pod casts of past programs may be found on the Faith On Trial page of IowaCatholicRadio.com.
Faith On Trial is sponsored by our underwriters Attorney Rick McConville, Coppola, McConville, Coppola, Carroll, Hockenberg & Scalise PC 2100 Westown Parkway, West Des Moines, 515-453-1055; Confluence Brewing Company – off the Bike Trail just south of Grey’s Lake, 1235 Thomas Beck Road where there is live entertainment in the tap room every Thursday, and Rob denHartog, Wealth Management Advisor at Northwestern Mutual Life, NW corner of 128th Street and Hickman Rd, 515-210-4472.

Monday, July 11, 2016

Can the Iowa Civil Rights Commission do that to a church?

Christiana Holcomb
This week on FOT is the case of the Iowa Civil Rights Commission that has interpreted a state law to ban churches from expressing their views on human sexuality if they would “directly or indirectly” make “persons of any particular…gender identity” feel “unwelcome” in conjunction with church services, events, and other religious activities. The speech ban, of course, could be used to gag churches from making any public comments—including from the pulpit—that could be viewed as unwelcome to persons who do not identify with their biological sex. The commission says the law applies to churches during any activity that the commission deems to not have a “bona fide religious purpose.”

Christiana Holcomb, legal counsel for the  Alliance Defending Freedom, has filed a Federal lawsuit seeking to prohibit the commission from enforcing its rule on behalf of the Fort Des Moines Church of Christ. Christiana will be our guest Tuesday. In that suit she argues that all events held at a church on its property have a bona fide religious purpose, and that the commission has no authority to violate the First Amendment’s guarantees of freedom of religion and speech.
Pastor Cary Gordon
In Sioux City another church, Cornerstone World Outreach, send a demand letter to the Civil Rights Commission objecting to its interpretation of the law and received a reply that in some respects “walks back” the commission’s claim. We will also have an interview with Cornerstone’s senior pastor and old friend of the program, Rev. Cary Gordon, who taped an interview with us for broadcast on the program.
So join Deacon Mike Manno and Gina Noll for an interesting discussion of the legal and moral issues involved in the commission’s rules and in the Federal case filed in Des Moines.
Faith on trial is supported by our underwriters: Attorney Rick McConville, Coppola, McConville, Coppola, Carroll, Hockenberg & Scalise PC 2100 Westown Parkway, West Des Moines, 515-453-1055; Confluence Brewing Company – off the Bike Trail just south of Grey’s Lake, 1235 Thomas Beck Road where there is live entertainment in the tap room every Thursday, and Rob denHartog, Wealth Management Advisor at Northwestern Mutual Life, NW corner of 128th Street and Hickman Rd, 515-210-4472. 
Faith On Trial is broadcast every Tuesday at 9 a.m. and rebroadcast at 9 p.m. on Iowa Catholic Radio 1150 AM; 88.5 & 94.5 FM and streaming on IowaCatholicRadio.com where you can find podcasts of older programs.