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Archive for the tag “catholic”

Refusal To Enter Requested Surname on Birth Certificate Did Not Violate Free Exercise Rights

This is from religionclause.blogspot.com which you can find here:

“In Nix El v. Williams, (D DC, March 30, 2016), the D.C. federal district court rejected a claim by the father of a newborn daughter that his religious rights were infringed when D.C. Department of Health officials refused to list his daughter’s surname on her birth certificate as “Nix El” rather than as “Nix”, the parents’ surname. D.C. statutes require the surname to match that of a family member. Plaintiff, who is a member of the Moorish Science Temple, contended that he wished to add “El” to his daughter’s name because it is a title of nobility. In the suit, plaintiff had asked for declaratory and injunctive relief, compensatory damages of $136 million plus punitive damages of $1 million per day for each day his daughter did not have a birth certificate.”

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Montana Court Issues Preliminary Injunction To Allow Parochial School Participation In Tax Credits

This is from religionclause.blogspot.com which you can find here:

“According to The Missoulian, in Montana on Thursday, a state trial court judge issued a preliminary injunction barring the Montana Department of Revenue from enforcing its rule that excludes religiously affiliated schools from participating in the state’s new School Contributions Tax Credit law. (See prior posting.) The Department of Revenue takes the position that participation in the school aid program by religiously affiliated schools violates state constitutional bans on that prohibit direct and indirect payments or appropriations to religious or sectarian schools. ”

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Catholic School Principal’s Title VII Suit Dismissed Under “Ministerial Exception”

This is from religionclause.blogspot.com which you can find here:

In Fratello v. Roman Catholic Archdiocese of New York, (SD NY, March 29, 2016), a New York federal district court held that the “ministerial exception” to Title VII of the 1964 Civil Rights Act precludes the former lay principal of a Catholic elementary school from suing for employment discrimination.  Plaintiff alleged that her employment was terminated as a result of gender discrimination and retaliation. In relying on the ministerial exception doctrine as set out in the U.S. Supreme Court’s 2012 Hosanna-Tabor decision, the district court said in part:

There is no dispute that Plaintiff is not a member of the clergy and that she would not be considered a minister for purposes of Church governance. But the issue here is one of U.S., not canon, law, and “minister” for purposes of the ministerial exception has a far broader meaning than it does for internal Church purposes.

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Sikhs Sue Over Army Accommodation of Religious Practices

This is from religionclause.blogspot.com which you can find here:

“A lawsuit was filed yesterday by three observant Sikhs who have enlisted in the Army, but who are encountering difficulties in obtaining accommodation to allow them to continue to wear beards, uncut hair, and turbans.  The 54 page complaint (full text) in Singh v. McConville, (D DC, filed 3/29/2016), alleges in part:

[T]he Army has a long pattern and practice of discriminating against Sikhs…. The Army’s regulations promise that soldiers whose religious exercise poses no significant obstacle to the military’s mission will be generously accommodated…. [H]owever, the regulations themselves are defective and foster religious discrimination on a number of levels…. [T]hey force soldiers who need religious accommodations to violate their religious beliefs before they can apply for an accommodation, even if their religious exercises would clearly have no impact on the military’s compelling interests.

The regulations are also … require soldiers to reapply for a religious accommodation every time they have a “transfer of duty stations, or other significant change in circumstances”….. The ambiguity in the regulations also creates an environment where the Army feels free to delay resolving requests for accommodation for long periods of time, leaving future soldiers in limbo and potentially forcing them to forgo other education and career opportunities while they wait for the Army’s decision.

Becket Fund issued a press release announcing the filing of the lawsuit.”

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Supreme Court In Unusual Order Floats Alternative Compromise In Contraceptive Mandate Cases

This is from religionclause.blogspot.com which you can find here:

The U.S. Supreme Court today issued an unusual Order (full text) in Zubik v. Burwell and the six other cases consolidated with it, less than a week after the Court heard oral arguments in the case.  In what is apparently an attempt to avoid a 4-4 split in the case, the Court has essentially drafted its own version of a compromise on provision of contraceptive coverage in health insurance policies for employees of religious non-profits, and is asking the parties whether they will buy into it. The Order reads in part:

The parties are directed to file supplemental briefs that address whether and how contraceptive coverage may be obtained by petitioners’ employees through petitioners’ insurance companies, but in a way that does not require any involvement of petitioners beyond their own decision to provide health insurance without contraceptive coverage to their employees.  Petitioners with insured plans are currently required to submit a form either to their insurer or to the Federal Government (naming petitioners’ insurance company), stating that petitioners object on religious grounds to providing contraceptive coverage. The parties are directed to address whether contraceptive coverage could be provided to petitioners’ employees, through petitioners’ insurance companies, without any such notice from petitioners.

For example, the parties should consider a situation in which petitioners would contract to provide health insurance for their employees, and in the course of obtaining such insurance, inform their insurance company that they do not want their health plan to include contraceptive coverage of the type to which they object on religious grounds. Petitioners would have no legal obligation to provide such contraceptive coverage, would not pay for such coverage, and would not be required to submit any separate notice to their insurer, to the Federal Government, or to their employees. At the same time, petitioners’ insurance company—aware that petitioners are not providing certain contraceptive coverage on religious grounds—would separately notify petitioners’ employees that the insurance company will provide cost-free contraceptive coverage, and that such coverage is not paid for by petitioners and is not provided through petitioners’ health plan.

The parties may address other proposals along similar lines, avoiding repetition of discussion in prior briefing…..

Initial reactions from the non-profits suggest that they may be willing to accept this version of the compromise. A press release from the Becket Fund, counsel for Little Sisters of The Poor, petitioners in one of the cases, describes the Court’s Order as an “excellent development.”

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Suit Challenges Pennsylvania City’s Abortion Clinic Buffer Zone

This is from religionclause.blogspot.com which you can find here:

“Last week, three women who regularly act as pro-life “sidewalk counselors” outside two abortion clinics filed suit in a Pennsylvania federal district court challenging the constitutionality of Harrisburg’s “Interference With Access To Health Care Facilities” Ordinance.  The ordinance bars congregating, patrolling, picketing or demonstrating within 20 feet of any health care facility entrance, exit or driveway.  The complaint (full text) in Reilly v. City of Harrisburg, (MD PA, filed 3/24/2016) contends that the ordinance violates freedom of expression, free exercise of religion, freedom of assembly, equal protection and due process rights. Liberty Counsel announced the filing of the lawsuit. ”

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The Planned Dependent Community

This article is part of my posts on the economic system of distributism.  This is from practicaldistributism.blogspot.com which you can find here:

“”Walmart didn’t kill the once-vibrant cluster of shops next to a railroad and a creek in the faded old coal town of Kimball, W. Va. — the disappearance of the mines had pretty well taken care of that already. But now that Walmart’s leaving, too, as one of 154 U.S. stores the company closed in January, the town might be snuffed out for good.”

This quote is from a Washington Post article on the circumstances some small towns were facing when Walmart recently decided to close 269 stores and lay off more than 16,000 employees. This prompted one reader of ours to ask how we can reach these types of communities. How can we present the idea of distributism to the people living in these situations as solution to their economic problems?”

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Owners vs. Workers: An Eternal Law of Nature?

This article is part of my posts on the economic system of distributism.  This is from practicaldistributism.blogspot.com which you can find here:

“A few years ago (November 2, 2013) The Economist magazine, that reliable organ of neo-liberalism that makes few bones about its idolization of material growth as the summum bonum of human existence and its consequent dismissal of anything, such as family life or cultural traditions, that might get in the way of such material growth, ran some articles about labor’s diminishing share of national income.

Over the past 30 years, the workers’ take from the [economic] pie has shrunk across the globe. In America, their wages used to make up almost 70% of GDP; now the figure is 64%, according to the OECD. Some of the biggest declines have been egalitarian societies such as Norway (where labour’s share has fallen from 64% in 1980 to 55% now) and Sweden (down from 74% in 1980 to 65% now). A drop has also occurred in many emerging markets, particularly in Asia.

Even these figures of 70% to 65% for the U.S. are misleading, for as the magazine notes in another article in the same issue, “among wage-earners the rich have done vastly better than the rest; the share of income earned by the top 1% of workers has increased since the 1990s even as the overall labour share has fallen.” So that, “the share of national income going to the bottom 99% of workers has fallen from 60% before the 1980s to 50%.” That is to say, the workers whose job title is CEO are gobbling up not just more money but a greater percentage of it.

All this is bad, opines The Economist, it’s politically dangerous “and it is producing a lot of predictably polarised debate.” Perhaps The Economist is concerned that such instability might derail the engine of wealth redistribution for the rich that doubtless is working well for so many of its readers. So what’s the cause and what can be done? The Economist calmly discusses certain explanations that have been offered – the “weakness of unions” for example – and rejects them, and suggests that “the likeliest culprit is technology” although “[s]ome economists also emphasize the role of globalization….” As for the remedy, well, let’s be sure that we “strengthen workers without ham-stringing firms. Growth, rather than employment protection is the priority.” Of course, “education and training” – that’s needed too. And don’t forget, a “cut in corporate tax rates” and “pension reform” [read: privatizing pensions and turning them over to the good people on Wall St.] and “more privatisation” generally. To its credit, The Economist does note that “income from capital…is often more heavily taxed” than labor income, and suggests that this difference be narrowed.

So here you have it, the world according to The Economist. What can a distributist say in response? In the first place, the fact that since about 1980 it’s been precisely the kind of neo-liberal policies which this magazine generally champions that have suspiciously coincided with the decline in labor’s share of income – this is never so much as suggested as a possible cause. Lower the corporate tax rate, lower taxes on the rich – these are still the neo-liberal catchwords and constitute nearly the entire economic program of many American politicians, despite the fact that doing so has produced exactly this kind of income inequality and been in part responsible for numerous broader social problems. Apparently it’s all because the rates haven’t been lowered enough. Eliminate corporate taxes, make the rich pay the same percentage of their income in taxation as the middle class – the flat tax – and, according to them, voilà, all our problems will be solved.

While no distributist I have ever heard of favors perfect equality of income or wealth, it is a fact that too great disparities of either not only lead to social problems, but are probable signs of injustice. The best way of eliminating such disparities is not via government transfer payments, necessary as those sometimes are, but through better access to well-paying jobs and the possibility of ownership of productive property.

Actually, for a distributist these two points, good jobs and property ownership, are not two separate issues, but the same thing – or at least should be. The defining note of capitalism is that some people will own the means of production and will hire others to work for them. (See Pius XI’s encyclical Quadragesimo Anno, no. 100.) Even if such a division can in theory be just, a distributist wants to ask, Why must this be so? Why must there be this divide between owners and workers? Why cannot workers and owners be the same persons, either individually or collectively?

Under the capitalist model labor is always an expense for the owner. Even if an owner has the best of intentions to pay just wages (and one can wonder how often this is the case), there is always subtle pressure to reduce labor costs. Especially in an economic downturn, this is often considered the obvious thing to do. But consider an alternative model. A firm that is owned cooperatively by its workers will naturally face the same difficulties in a recession that other firms face. But instead of looking upon its workers as a expense to be lessened, the workers are themselves the owners, the ones who will decide the fate of the company, which is also the fate of themselves, their families, their children’s futures, and their communities. Whatever hard choices such a firm must make will be made with an entirely different set of priorities from a firm in which workers are simply an expense to be eliminated as much as possible.

There is no eternal law written in the nature of things that mandates the structural opposition of owners and workers. There is absolutely no reason why policies cannot be devised to promote widely dispersed ownership of productive property. It is doubtless true that not everyone is capable of managing even a small business well, but surely everyone is capable of being part of a cooperatively-owned enterprise. Today’s laws often favor concentrations of ownership in corporate hands. But there is no reason why these laws cannot be changed to promote producer-owned cooperatives and other types of small businesses. The activity of the Mondragon cooperatives in Spain proves that there is no reason why large-scale and highly technical industrial operations cannot be worker owned. Can an economy in which cooperatives and small businesses predominate be achieved overnight? Certainly not, but over time there is no reason why such an economy cannot be created. The obstacles to distributism are neither theoretical nor practical – they rather consist in the stubborn conservatism of those afraid to risk any change or, even worse, in the vested opposition of those who stand to lose their opportunities to exploit both their employees and their customers for their own gain. These are the chief reasons why more progress has never been made toward an economically just society.

There is no better way of ending than by quoting Leo XIII in Rerum Novarum, “The law, therefore, should favor ownership, and its policy should be to induce as many people as possible to become owners” (no. 46).”

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Court Enjoins Army From Requiring Special Testing of Sikh Officer

This is from religionclause.blogspot.com which you can find here:

“In Singh v. Carter, (D DC, March 3, 2016), the D.C. federal district court, invoking RFRA, granted a preliminary injunction protecting religious rights of an Army officer.  The Army had ordered a decorated Sikh Army captain to undergo costly specialized testing with his helmet and protective mask to assure that his religiously required head covering, beard and uncut hair will not interfere with the functions of the helmet and mask. The court said:

At first blush, the challenged order appears to reflect a reasonably thorough and even benevolent decision by the Army to fulfill its duty of protecting the health and safety of this particular Sikh officer.

Yet, that is far from the complete picture. Thousands of other soldiers are permitted to wear long hair and beards for medical or other reasons, without being subjected to such specialized and costly expert testing of their helmets and gas masks. Moreover, other Sikh soldiers have been permitted to maintain their articles of faith without such specialized testing.

See prior related posting.”

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Church Fails In RLUIPA Challenge To Village’s Zoning Ordinance

This is from religionclause.blogspot.com which you can find here:

“In Truth Foundation Ministries, NFP v. Village of Romeoville, (ND IL, Feb. 26, 2016), an Illinois federal district court denied a preliminary injunction to a small congregation serving mainly African immigrants that found itself in violation of the village’s zoning code after it had spent over $50,000 expanding a building it was leasing for use as a church.  The court concluded that the church had failed to show a substantial likelihood of success in its claim that the town’s zoning requirements violate RLUIPA’s complete exclusion, unreasonable exclusion and equal terms provisions.”

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