Saint Stanislaus Kostka Church in St. Louis

2013-02-25 Thread Perry Dane


Hi all,
Some years
ago, Saint Stanislaus Kostka Church, a Roman Catholic parish church in
St. Louis, got into a dispute with the Catholic bishop in St.
Louis. the Bishop tried to assert his authority over Saint
Stanislaus, and when the folks running the church refused, the declared
them to be in schism. The fight ended up in the courts. Saint
Stanislaus, however, had an advantage that virtually no other
Catholic parish has -- (secular) title to its own property, a vestige of
a once-common 19th century form of organization for Catholic
churches. Last March, a trial judge in St. Louis ruled, remarkably,
against the Bishop and in favor of the local parish. The two sides
have now settled: Saint Stanislaus keeps its building and assets, but
agrees not to represent itself as affiliated with the Roman Catholic
Church. See

http://ncronline.org/news/faith-parish/st-louis-archdiocese-gives-fight-control-breakaway-parish

Does
anyone on this list happen to have a copy of the original March 2012
opinion (apparently in the neighborhood of 50 pages long) by Judge
Hettenbach? I assume he relied on a neutral principles of
law analysis, but I'd love to see the actual opinion. It
doesn't seem to be available on either Lexis or Westlaw, and as best as I
can tell the Missouri judicial web sites only post appellate
opinions.
Feel free
to reply privately. And apologies if this has been discussed
previously on the list.
Thanks.




Perry




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Christian groups on secular campuses

2013-02-25 Thread Brad Pardee
I was reading an article about another Christian group, this  time at
Michigan, being forced off campus because their constitution requires the
leadership to be Christian.  I was thinking about it and I was wondering if
this would be a workaround that would withstand the anti-discrimination
charge.  Suppose a group has a mission statement that states the groups
mission to be to advance the gosepel or something of that nature.  The
constitution could simply require leaders to state that they affirm and
support the mission of the group.  They wouldn't be barring non-Christians
from leadership.  They would simply need to know that the non-Christian
would affirm a Christian evangelical mission.  (This would also work for
other groups.  For instance, Campus Republicans could have a mission
statement to support and elect Republican candidates.  They wouldn't be
banning Democrats from running for leadership position.  The Democrat would
simply need to make the case that they support the mission of electing
Republican candidates.)

 

In order to prevent this, the campus administrators would then be required
to say that campus organizations are not allowed to have an evangelical
mission, which would be more difficult to defend than an across-the-board
anti-discrimination requirement.

 

Would that be an approach that groups like Intervarsity, etc., could take
that would likely pass muster?

 

The article about Intervarsity at Michigan is at
http://radio.foxnews.com/toddstarnes/top-stories/university-of-michigan-kick
s-christian-club-off-campus.html

 

Brad Pardee

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RE: Christian groups on secular campuses

2013-02-25 Thread Eric Rassbach

My understanding is that the University later recognized the group as a student 
organization: 
http://www.michigandaily.com/news/intervarsity-reinstated-university-club



From: religionlaw-boun...@lists.ucla.edu [religionlaw-boun...@lists.ucla.edu] 
On Behalf Of Brad Pardee [bp51...@windstream.net]
Sent: Monday, February 25, 2013 6:40 PM
To: ReligionLaw
Subject: Christian groups on secular campuses

I was reading an article about another Christian group, this  time at Michigan, 
being forced off campus because their constitution requires the leadership to 
be Christian.  I was thinking about it and I was wondering if this would be a 
workaround that would withstand the anti-discrimination charge.  Suppose a 
group has a mission statement that states the groups mission to be to advance 
the gosepel or something of that nature.  The constitution could simply require 
leaders to state that they affirm and support the mission of the group.  They 
wouldn’t be barring non-Christians from leadership.  They would simply need to 
know that the non-Christian would affirm a Christian evangelical mission.  
(This would also work for other groups.  For instance, Campus Republicans could 
have a mission statement to support and elect Republican candidates.  They 
wouldn’t be banning Democrats from running for leadership position.  The 
Democrat would simply need to make the case that they support the mission of 
electing Republican candidates.)

In order to prevent this, the campus administrators would then be required to 
say that campus organizations are not allowed to have an evangelical mission, 
which would be more difficult to defend than an across-the-board 
anti-discrimination requirement.

Would that be an approach that groups like Intervarsity, etc., could take that 
would likely pass muster?

The article about Intervarsity at Michigan is at 
http://radio.foxnews.com/toddstarnes/top-stories/university-of-michigan-kicks-christian-club-off-campus.html

Brad Pardee
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Anyone can subscribe to the list and read messages that are posted; people can 
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