Faith on Trial is where we examine the influence of law and society on people of faith. Here we will look at those cases and events that impinge on the rights of people to fully practice their faith. Faith on Trial is heard every Saturday at 2 p.m. and Sunday at 9 p.m. on the Iowa Catholic Radio Network and anytime on our podcast at : https://iowacatholicradio.com/faith-on-trial/.
Tuesday, September 19, 2023
Pius XII: The Latest Attempted Smear
![]() |
| Pope Pius XII |
By Ronald J. Rychlak
The New
York Times headline read, “Pope Pius XII Likely Knew of Holocaust,
Newly Discovered Letter Suggests.” CNN reported, “Wartime Pope Pius XII
probably knew about Holocaust early on, letters show.” Fox News said, “Wartime
letter show Pope Pius XII may have known about Holocaust earlier than
previously thought.” On and on they went.
Giovanni Coco, an official with the Vatican archives, recently discovered a letter dated December 14, 1942. It had been written by an anti-Nazi German Jesuit priest, Father Lothar König, and it was addressed to Pius XII’s personal secretary, Father Robert Leiber.
The letter, which is part of a set of archival papers set to be published in the near future, reported that an estimated 6,000 Jews and Poles were being killed every day at the Belzec concentration camp in what was then German-occupied Poland (today it’s part of western Ukraine). König also referred to the operation of “blast furnaces” and made reference to the Auschwitz and Dachau camps.
That news outlets find this revelation significant is probably not surprising. The reporters have not studied the matters in detail. Author David Kertzer, however, has built a career critiquing the papacy. Nevertheless, he has been promoting the importance of this letter. He should know better.
As most scholars who work in this field know, the Vatican received reports of atrocities as early as 1941. This letter, dated December 14, 1942, came just three days before the Allied joint statement which said:
"From all the occupied countries Jews are being transported in conditions of appalling horror and brutality to Eastern Europe. In Poland, which has been made the principal Nazi slaughterhouse, the ghettos established by the German invader are being systematically emptied of all Jews except a few highly skilled workers required for war industries. None of those taken away are ever heard of again."
Pius had been invited to join this statement, but he opted to make his own statement on Christmas day.
Pius must have been shown the Allied statement well before it was released. Moreover, it is fair to assume that the pope received it after at least a short delay from when it was dated. In other words, the letter likely came after he had seen a draft of the statement. Thus, it did not give him any new information about the atrocities.
On Christmas Day, less than two weeks after the date on the letter, Pius issued his own statement in which he spoke of “hundreds of thousands who, without any fault on their part, sometimes only because of their nationality or race, have been consigned to death or gradual extinction.” The New York Times editorialized, “This Christmas more than ever he is a lonely voice crying out of the silence of a continent….”
Of course, Pius did not limit himself to words. In 1941, he provided the Allies with advance information about German troop movements, and as Mark Riebling explained in his book Church of Spies: The Pope’s Secret War Against Hitler, Pius was connected to at least three plots to topple Hitler, starting just after he assumed the seat of Peter in late 1939 and continuing until at least the summer of 1944 with the bomb plot involving German military Col. Claus von Stauffenberg, portrayed by Tom Cruise in the motion picture Valkyrie.
One part of the December 1942 letter is left out of many news accounts. In it, Father König urged the Holy See to not make public what he was revealing in the letter because he feared for his own life and the lives of the others who had provided the intelligence. This is but one of several such messages that Pius had to take that into account when he chose action and diplomacy over banging away at the bully pulpit.
That so many outlets have failed to report that part of the letter suggests that others either miss the importance of the message or they are intentionally downplaying a very serious threat. That’s either poor history or dishonest journalism. We’re entitled to better.
Ronald J. Rychlak is a Distinguished University Professor of Law at the University of Mississippi and serves on advisory board of the Catholic League for Religious and Civil Rights.
Monday, September 18, 2023
New Mexico Supreme Court disallows ‘friend of the court’ briefs in favor of pro-life ordinances
(Life Action) On December 13, 2023, the New
Mexico Supreme Court will hear oral
arguments regarding whether or not local pro-life
ordinances in the state are legal following the enactment of the Reproductive
and Gender-Affirming Healthcare law.
According to
NM Political Report, the Reproductive
and Gender-Affirming Healthcare law, which was signed
into law on March 16, 2023, says that state or local governments, advisory
boards, commissions, agencies, or entities that receive public funding “shall
not deny, restrict or interfere with a person’s ability to access or provide
reproductive health care…”
It also
states, “A public body or an entity or individual acting on behalf of or within
the scope of the authority of a public body shall not deprive, through
prosecution, punishment or other means, a person’s ability to act or refrain
from acting during the person’s pregnancy based on the potential, actual or
perceived effect on the pregnancy.”
There are no
regulations on abortion in the state of New Mexico, which has seen an increase in
abortion facilities and a Planned Parenthood abortion business expansion since
the overturning of Roe v. Wade. New Mexico is also home to Southwestern Women’s
Options, the abortion facility responsible for the death of 24-year-old Keisha Atkins during
a 24-week abortion.
There
are four cities and two counties in
New Mexico that have established themselves as Sanctuary Cities for the Unborn,
with ordinances that prevent abortion facilities from setting up shop. New
Mexico Attorney General Raúl Torrez filed an emergency petition with the state
Supreme Court in March, shortly after the new law was signed, to block the
ordinances in Lea and Roosevelt counties and the cities of Hobbs and Clovis.
The state
Supreme Court has requested that all parties involved file briefs explaining
what effect the Reproductive and Gender-Affirming Healthcare law has on those
local ordinances.
In a clearly biased move, the court allowed some pro-abortion groups the chance to file amici briefs in favor of blocking the pro-life ordinances, it has denied pro-life groups the opportunity to file amici curiae on behalf of the sanctuary cities.
PJI to Oregon Court of Appeals: Christian Teachings Aren’t Dangerous to Foster Kids
SALEM, OR – In denying Shawn and Teresa Kellim a foster care license because their sincerely religious beliefs prevent them from affirming homosexuality and transgenderism, Oregon’s Department of Human Services (“DHS”) essentially declared Christian teachings dangerous to foster kids.
Unwilling to take DHS’ ruling lying down, the Christian married couple from
Glide, Oregon sought assistance from the Pacific Justice Institute (“PJI”),
which appealed DHS’ ruling on their behalf. PJI recently filed its opening
brief in the Kellims’ case before the Oregon Court of Appeals.
“DHS’ action blatantly suggests that Kellim’s free exercise of religion does
not apply to foster care youth, and it is unquestionably an attack on
Christianity,” said PJI Oregon staff attorney, Ray D. Hacke. “The Supreme Court
has made it abundantly clear multiple times in the past several years that the
First Amendment prohibits government agencies from proceeding in a manner
intolerant toward the Christian faith.”
PJI president Brad Dacus, said the Kellims’ case has implications not just for
foster parents, but for parents actively raising their biological or adopted
children in accordance with their faith. “If states like Oregon can effectively
declare that certain religious beliefs concerning gender and sexuality are
dangerous to kids, then every parent in this country who declines to provide
LGBT+ affirming care to their children stands to have their children ripped
from their homes and face long, expensive, possibly futile court battle to get
them back unless they abandon their faiths’ teachings,” Dacus said. “That
doesn’t just show hostility to religion, it denies kids the care of loving
adults who can give them the love, guidance, and stability they desperately
need. Religious individuals like the Kellims have long stepped up to provide
such care to kids whose biological parents couldn’t care for them. PJI is
fighting this battle to ensure that loving couples like the Kellims can
continue to do so in a manner consistent with their faith.”
We are proud to say that, for over 25 years and always without charge, PJI’s
unique goal is to ensure that no one is left on the side of the road as it
relates to their representation and defense of critical religious freedoms,
parental rights and sanctity of life issues. We appreciate your partnership,
and willingness to continue to give support and a strong voice to those who
struggle against the forces of oppression.
[Editor’s
note: PJI president Brad Dacus will be on this week’s Faith On Trial.]
Saturday, September 16, 2023
Teacher’s Union Head Smears Christians
On September
12, Randi Weingarten, president of the American Federation of Teachers (AFT),
ripped Americans who are in favor of school choice and parental rights,
comparing them to segregationists. Even worse, she lashed out at Christians who
support these initiatives. She made her remarks to Seth D. Harris, a senior
fellow at the Burnes Center for Social Change at Northeastern University.
Weingarten
said she got the idea that there is little difference between the
segregationists of old and today’s promoters of school choice and parental
rights from the Southern Poverty Law Center, the seriously disgraced far
left-wing organization. She concluded that these Americans want to “divide
parents versus teachers.”
Now it is
well known that Catholics have long been the mainstay of the school choice
movement; they are also among the most vociferous supporters of parental
rights. Let’s be clear: this does not mean that anyone who opposes both of
these causes is necessarily a bigot. But in Weingarten’s case, she took the
next step: she engaged in Christian bashing.
After
speaking at length, with utter contempt and derision, about those who are
pro-school choice and pro-parental rights, Weingarten let her guard down and
went right for the jugular. “They want to have, basically, a Christian
ideology, their particular Christian ideology to dominate the country as
opposed to those that was born on the freedom of the exercise of religion.”
The subject
under discussion had nothing to do with religion, so it tells us volumes about
Weingarten that she would indict Christians, without cause.
What
she said just prior to her bigoted remark puts her animus against Christians in
perspective. She had just commented that some parents want school choice
because they want universal vouchers, and “others want it because they hate
knowledge.”
So who is it
that “hates knowledge?” Those Americans who are bent on shoving their
“Christian ideology” down our throats. The context says it all.
In other
words, taxpaying parents who believe that they should have the right to send
their child to the school of their choice—which includes most African
Americans—and insist that their rights as parents be respected by the state,
are somehow seeking to impose a Christian ideology on the nation. To top it
off, these same religious zealots “hate knowledge.”
Weingarten
should resign. The hatred that she has for millions of school choice and
parental rights advocates—especially those who are Christian—disqualifies her
from serving in any public role.
California federal court issues order blocking school from forcing teachers to lie to parents
A California federal court has granted teachers Elizabeth Mirabelli and Lori Ann West reprieve from a dangerous school district policy forcing them to lie to parents about their children’s gender identity.
Thomas More
Society attorneys successfully convinced the court to issue the preliminary
injunction prohibiting the enforcement of Escondido Union School District’s
offensive policy while the case is under court consideration. The court order,
issued September 14, also denies motions to dismiss the case filed by both the
Escondido Union School District and the California Department of Education.
Mirabelli
and West are suing administrators at the Escondido Union School District,
California Department of Education, and Rincon Middle School. The lawsuit details
violations of the Free Speech and Free Exercise Clauses of the First Amendment
over a policy that has allowed activists to “coopt school districts to push
gender theory.” The current Escondido Union School District policies compel
staff to deceive parents about whether their own children have requested to
socially transition to a new gender at school — in direct conflict with the
long-standing policy that teachers are to be honest with parents.
“This is an
untenable situation to put teachers in,” explained Paul M. Jonna, Thomas More
Society special counsel and partner, LiMandri and Jonna LLP. “Traditionally,
educators have been viewed as highly significant players in a child’s
development, partnering with parents — not supplanting them — in the incredibly
important responsibility of raising children. The State of California and the
Escondido Union School District have created an unconscionable scenario where
it pits these two key influencers in a child’s life against one another by
putting up an intentional curtain of dishonesty between them.”
In the
request for a preliminary injunction, Mirabelli and West claimed that their
First Amendment rights to free speech and the free exercise of religion were
being violated. The court agreed, and stated, “Mirabelli and West face an
unlawful choice along the lines of: ‘lose your faith and keep your job, or keep
your faith and lose your job.’”
The order
was quick to point out the problems with the policy, labeling it “a trifecta of
harm,” and detailing the abuses that it heaps on children, parents, and
teachers. The court stated that the Parental Exclusion Policy:
“ … harms
the child who needs parental guidance and possibly mental health intervention
to determine if the incongruence is organic or whether it is the result of
bullying, peer pressure, or a fleeting impulse. It harms the parents by
depriving them of the long recognized Fourteenth Amendment right to care,
guide, and make health care decisions for their children. And finally, it harms
plaintiffs [teachers] who are compelled to violate the parent’s rights by
forcing plaintiffs to conceal information they feel is critical for the welfare
of their students — violating plaintiffs’ religious beliefs.”
Read the
Order: (1) Granting Motion for Preliminary Injunction; (2) Denying Motions to
Dismiss, issued on September 14, 2023, by Judge Roger T. Benitez of the United
States District Court for the Southern District of California, in Thomas More
Society’s lawsuit on behalf of educators Elizabeth Mirabelli and Lori Ann
West, Mirabelli, et al. v. Olson, et al. here [https://tinyurl.com/5e96m5e2].
DeSantis ad confronts attacks on people of faith
A new ad released by Ron DeSantis took aim at the Biden administration for “weaponizing” the federal government against people of faith. “Family and faith are the building blocks of society, but government is waging an assault on both of them,” DeSantis said when he introduced the ad. READ
Seeing beyond euphemisms in Ohio
CatholicVote’s Logan Church warns that the Democrat-backed amendment Issue 1 in Ohio intentionally “makes no distinction between minors and adults.” She explains: “It extends far beyond abortion and even into transgender ideology … with a goal of obliterating ‘most limits to abortion or sex-change surgery’ for adults and children alike. And with parents cut out of the picture, children are left exposed to those who prey on the vulnerable.” READ
Reuters: Biden reelection in jeopardy
“U.S. President Joe Biden's chances of re-election are being jeopardized by voters' concerns over his age, the economy and crime,” Reuters reports. According to a new Reuters/Ipsos poll, Biden and former President Donald Trump are currently tied in a hypothetical 2024 match. But in the seven states where the 2020 presidential election was closest, “Trump led with 41% to Biden's 35%, and 24% undecided.” READ
Friday, September 15, 2023
Tuesday, September 12, 2023
Fire Chief Terminated for Attending Leadership Conference Hosted By Church Appeals Ninth Circuit Decision
Fire Chief Ron Hittle’s attorneys submit request for en banc hearing to correct flawed legal standard involving religious discrimination.
San Francisco, CA—First Liberty Institute, Baker Botts LLP, and the Church State Council filed a petition for an en banc rehearing by the U.S. Court for Appeals for the Ninth Circuit to review a three-judge panel decision that allowed the Stockton (CA) Fire Department to dismiss a fire chief, Ron Hittle, for attending a leadership conference held at a church.
You can read the petition here.
“Firing Chief Hittle for attending a world-class leadership conference attended by thousands simply because it was associated with religion is clear evidence of illegal religious discrimination,” said Stephanie Taub, Senior Counsel at First Liberty. “We urge the Ninth Circuit to grant rehearing en banc to fix the panel’s dangerous ruling.”
The City of Stockton, California terminated Fire Chief Ron Hittle after 24 years of service, because he attended a religious leadership conference while on the clock. Although the City asked Chief Hittle to attend a leadership training course, it opened an investigation after he attended Willow Creek Community Church’s Global Leadership Summit, a world-class conference with speakers from a variety of religious and non-religious backgrounds, including Jack Welch, former CEO of General Electric, and Super Bowl winning coach Tony Dungy. Prior speakers include Sheryl Sandberg of Facebook and former President Bill Clinton. The City listed as the Chief Hittle’s attendance at a “religious event” while on duty as the primary reason for his termination.
The court
made two major errors when it ruled against Chief Hittle. It ignored Supreme
Court precedent in Kennedy v. Bremerton School District when
it allowed the “perception of others” to justify its religious discrimination
against Chief Hittle. The court also held religious claims to a more difficult
legal standard than other kinds of discrimination. Chief Hittle’s legal team is
seeking review of this decision, to safeguard the religious freedoms of all
Americans in the workplace.
VP Harris supports NO abortion limits
Vice President Kamala Harris this week dismissed complaints that the Biden administration supports legal abortion up until birth as “ridiculous” but refused to name a single regulation of abortion she would support. CBS’s Margaret Brennan repeatedly asked Harris “What week of pregnancy should abortion access be cut off?” Harris refused to answer. READ
Abortion lawyer accused of perjuring herself
Reps. Chip Roy, R-TX, and Mike Johnson, R-LA, this week confronted abortion lawyer Talcott Camp of the National Abortion Federation for providing false information in sworn testimony before Congress. “Testimony before Congress ought to be true and knowingly providing materially false information to Congress ought to be punished by the Department of Justice,” the congressmen told Camp. READ
EXPLAINER: California’s anti-parent bills
In what critics are denouncing as a full-on assault on parental rights, California has passed a battery of bills that all take aim at families who disagree with gender ideology. CatholicVote’s Anthony Iafrate goes through each of the bills and explains why one journalist calls them collectively “the transgender inquisition.” READ


