Uh, that would be "genuinely curious."
Sorry
----- Original Message -----
Sent: Saturday, March 11, 2006 5:33
PM
Subject: Re: Catholic Charities
Issue
I didn't mean to question the sincere religious
motivation of Catholic Charities (or the Bishops whose decree it is
following). I was simply curious what it is, exactly, that Massachusetts
prevents CC from doing, and whether and how that
particular legal restriction imposes a substantial burden
on the religious exercise of the Church or of those involved in CC.
Presumably, as Alan suggests, the Church remains free to faciliate adoptions
among Church adherents, right?
I'm asking this not to make a point, but because
I'm genuining curious about what state law prohibits and how that restriction
impinges on religious liberty.
----- Original Message -----
Sent: Saturday, March 11, 2006 2:57
PM
Subject: RE: Catholic Charities
Issue
It may be a business to the state, although even the state recognizes
that it's not for profit. I assume it's a corporal work of mercy to the
church. Recharacterizing religious activities as businesses, because it
costs money to sustain them or because other groups engage in similar
activities for secular reasons, is not in my view a legitimate means of
escaping religious liberty
guarantees. Douglas Laycock University of
Texas Law School 727 E. Dean Keeton St. Austin, TX
78705 512-232-1341 512-471-6988
(fax)
________________________________
From: [EMAIL PROTECTED]
on behalf of Marty Lederman Sent: Sat 3/11/2006 1:22 PM To: Law &
Religion issues for Law Academics Subject: Re: Catholic Charities
Issue
Doug, under Massachusetts law would CC's inability to engage
in "adoption services" (which I assume means being in the business of
arranging adoptions) result in a substantial burden on its religious
exercise? ----- Original Message ----- From:
"Douglas Laycock" <[EMAIL PROTECTED]
<mailto:[EMAIL PROTECTED]>
> To: "Law & Religion issues for Law Academics" <religionlaw@lists.ucla.edu
<mailto:religionlaw@lists.ucla.edu> > Sent: Saturday, March 11, 2006 2:09 PM Subject: RE:
Catholic Charities Issue
Application of this law to Catholic
Charities should have raised a quite plausible claim under the Massachusetts
Free Exercise Clause. See the Society of Jesus case about 1990, and a
mid-90s case on marital status discrimination by landlords, the name of which
I am forgetting. So why did Catholic Charities surrender
rather than litigate? Maybe they figured they would just make bad law
with that claim in the court that found a constitutional right to gay
marriage. If that's the reason, that sort of restraint in the choice of
what claims to file should be practiced a lot more widely. If that just
didn't think about the state law, that's much less
admirable. Douglas Laycock University of
Texas Law School 727 E. Dean Keeton St. Austin, TX
78705 512-232-1341 512-471-6988
(fax)
________________________________
From: [EMAIL PROTECTED]
<mailto:[EMAIL PROTECTED]> on behalf of Will Esser Sent: Sat 3/11/2006
12:35 PM To: Law & Religion issues for Law Academics Subject: Re:
Catholic Charities Issue
Paul, Your comparison doesn't
fit and doesn't reveal any inconsistency on the part of the Church.
Catholic Charities withdrew from the adoption arena, because the state mandate
would require it to actively participate in the actual act with which it
disagreed (i.e. placing children for adoption with gay couples). In your
example, there is no conflict for the Church in ministering to the souls of
those in the prison system. Such action is not in any sense active
participation in capital punishment. I'm entirely with
Rick in saluting Catholic Charities for its decision. People may
disagree with the rationale for the decision, but the decision is ultimately
an act of a religious organization placing its religious values
first. Will
Paul Finkelman <[EMAIL PROTECTED]
<mailto:[EMAIL PROTECTED]>
> wrote:
I wonder if the Catholic Church should withdraw all support
for the prison system because the Church opposes Capital punishment? It
would be a shame for those on death row not to get last rites, or those in
prison not to be able to talk to a priest, but at least the Church would be
consistent.
Paul Finkelman
Rick Duncan wrote:
The
Boston Globe has two good articles today on the decision by the Archdiocese to
end its adoption services rather than submit to the government's
antidiscrimination rules requiring the Church to place children with
homosexual couples despite its sincerely held religious belief that ''allowing
children to be adopted by persons living in such unions would actually mean
doing violence to these children, in the sense that their condition of
dependency would be ! used to place them in an environment that is not
conducive to their full human development."
Here <http://www.boston.com/news/local/articles/2006/03/11/catholic_charities_stuns_state_ends_adoptions/ <http://www.boston.com/news/local/articles/2006/03/11/catholic_charities_stuns_state_ends_adoptions/> > and here <http://www.boston.com/news/local/articles/2006/03/11/churchs_rift_with_beacon_hill_grows/ <http://www.boston.com/news/local/articles/2006/03/11/churchs_rift_with_beacon_hill_grows/> > .
Rick Duncan Welpton
Professor of Law University of Nebraska College of Law Lincoln, NE
68583-0902
"When the Round Table is broken every man must follow
either Galahad or Mordred: middle things are gone." C.S.Lewis, Grand
Miracle
"I will not be pushed, filed, stamped, indexed, briefed,
debriefed, or numbered." --The
Prisoner ________________________________
Yahoo! Mail Use
Photomail <http://pa.yahoo.com/*http://us.rd.yahoo.com/evt=38867/*http://photomail.mail.yahoo.com <http://pa.yahoo.com/*http://us.rd.yahoo.com/evt=38867/*http://photomail.mail.yahoo.com> > to share photos without annoying attachme!
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Adams & Bernstein Charlotte, North
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******************** We can easily forgive a child who is
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