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Scotland’s Hate Crime Bill garners large consultation

September 4, 2020 CNA Daily News 0

CNA Staff, Sep 4, 2020 / 03:32 pm (CNA).- Nearly 2,000 submissions have been made to the Scottish Parliament in the course of a 12-week public consultation on a hate crime bill proposed by the government.

The Hate Crime and Public Order (Scotland) Bill was introduced in April.

“The number of submissions we have received is unprecedented and reflects that this bill is contentious. Hundreds of individuals and organisations have written to us setting out their views on the offences that this bill would both create and abolish,” said Adam Tomkins, a Member of the Scottish Parliament from the Scottish Conservatives, according to the BBC.

Tomkins added: “Given the importance of this legislation – and the strength of feeling it is generating – it is vital that sufficient time is allowed for scrutiny.”

The Scottish bishops have expressed concern that the bill “creates an offense of possessing inflammatory material which, if taken with the low threshold contained therein, could render material such as the Bible, the Catechism of the Catholic Church and other texts such as Bishops’ Conference of Scotland submissions to government consultations, as being inflammatory under the new provision.”

The proposed legislation creates a new crime of stirring up hatred against any of the protected groups covered by the bill, which include race, religion, sexual orientation, and transgender identity.

The “stirring up hatred” could be either “with the intention” of doing so, or “where it is a likely consequence that hatred will be stirred up against such a group”.

The Scottish government proposed the bill in response to an independent review of hate crime laws led by Alastair Campbell, Lord Bracadale, a retired judge. The government argues the bill modernizes, consolidates, and extends existing hate crime legislation. It also abolishes the offence of blasphemy.

A variety of groups have suggested the bill could stifle free speech.

The Scottish Police Federation said it “appears to paralyse freedom of speech in Scotland” and “could lead to police officers determining free speech and thereby devastate the legitimacy of the police service” and that it had regulations “too vague to be implemented”.

The federation’s general secretary, Calum Steele, said: “We do not for one second suggest that prejudice, racism or discrimination are desirable qualities in our society but the need to address those matters when they reach a criminal level is met by laws already in place and the cost to free speech of going further with this bill is too high a price to pay for very little gain.”

The Law Society of Scotland said that with its imprecision, the bill “presents a significant threat to freedom of expression, with the potential for what may be abusive or insulting to become criminalised”.

According to The Herald, a Glaswegian daily, the National Secular Society also opposes the hate crime bill.

Humza Yousaf, the Scottish Justice Secretary, has commented that the bill “does not seek to stifle criticism or rigorous debate in any way but aims to achieve the correct balance between protecting those who suffer from the scourge of hate crime whilst respecting people’s freedom of expression.”

“As Parliament considers the details of the Bill, we will work to find common ground and compromise where necessary. This is an issue around which Scotland’s Parliament can and must come together in order to protect the rights of everyone to live their lives free from harm or fear,” he added.

Yousaf said it “will not prevent you expressing controversial or offensive views,” while adding: “Just don’t do it in a threatening or abusive way that is likely or intended to stir up hatred.”

The Justice Committee of the Scottish Parliament is due to consider the bill and its consultation by Dec. 18, though it may be delayed to allow for suitable scrutiny.

In their submission on the bill, the Scottish bishops noted that pronouncements of Catholic teaching on sex and gender “might be perceived by others as an abuse of their own, personal worldview and likely to stir up hatred.”

The bishops also noted that recently public figures have been accused of “transphobia” for arguing that men cannot become women and vice versa. They include the Harry Potter author J.K. Rowling, who lives in Scotland.

“Many have also been accused of hate for using pronouns corresponding with an individual’s biological or birth sex. The freedom to express these arguments and beliefs must be protected,” they wrote.

The bishops also said that “The growth of what some describe as the ‘cancel culture’ … is deeply concerning.”

“No single section of society has dominion over acceptable and unacceptable speech or expression. Whilst the legislature and judiciary must create and interpret laws to maintain public order it must do so carefully, weighing in fundamental freedoms and allowing for reasonably held views, the expression of which is not intended to cause harm.”


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News Briefs

New Hampshire sued over Catholic schools tuition policy

September 4, 2020 CNA Daily News 2

Washington, D.C. Newsroom, Sep 4, 2020 / 08:40 am (CNA).- A New Hampshire family has filed suit against the state after a town tuition program refused to pay for their grandson’s Catholic school education. The suit claims that the terms of the program violate religious discrimination laws and go against a recent Supreme Court ruling.

The lawsuit, Dennis Griffin and Catherine Griffin v. New Hampshire Department of Education, was filed in the Merrimack County, New Hampshire, Superior Court on September 3. 

Dennis and Cathy Griffin are raising their grandson, Clayton in the town of Croydon, New Hampshire. Clayton, an ingoing seventh-grade student, attends a Catholic school in the nearby town of Sunapee. He would be eligible to have his private school tuition paid for by the town of Croydon, except for a New Hampshire law which prohibits town tuitioning programs from paying for “sectarian” schools, which the family argue is illegal under the Supreme Court’s recent decision Espinoza v. Montana Department of Revenue, which struck down a similar exclusion on religious schools.

Croydon, a small town of fewer than 1,000 people, does not have its own public middle school or high school. Instead, the town pays the tuition for resident students to attend public or private schools in nearby towns.

There are approximately 50 towns in New Hampshire that do not have public schools for all grades, and many of these towns have a contract with a specific nearby public or private school. Croydon does not have this kind of contract and allows its school-age students to pick where to go to school. In Croydon, students in fifth grade and above are given a set dollar amount for tuition at either a public or private non-sectarian school. 

In order to be eligible for a tuitioning program in New Hampshire, a private school must be “non-sectarian,” comply with various regulations regarding health and fire safety, be incorporated in New Hampshire, and administer an annual academic assessment. 

Mount Royal Academy, where Clayton is a student, is a lay-run and lay-founded Catholic school, where students are educated in the classical model. The school was incorporated in New Hampshire, complies with all health and safety regulations, and administers standardized assessments. However, as Mount Royal Academy is a Catholic school, the Griffins have to pay tuition. 

The school was formally recognized as a Catholic school by the Diocese of Manchester in 2006, which the school’s website describes as “giving our school community the greatest gift we could ever receive, the Eucharistic presence of Jesus Christ on campus.” It was the first lay-founded school in the diocese to receive this recognition. 

The Griffins say that the state prohibition is a violation of their First Amendment rights, and are asking for the New Hampshire courts to allow religious schools to be eligible for town tuitioning programs. 

In June, the Supreme Court ruled in Espinoza v. Montana Department of Revenue that Montana’s income tax credit program unconstitutionally discriminated against religious schools and those who attend or wish to attend them. The Griffins are arguing that the New Hampshire Superior Court should consider the precedent created in Espinoza and change state law. 

Kirby West, an attorney for the Institute for Justice, the law firm representing the Griffins, told CNA that while the case is similar to Espinoza, the situation is different as the prohibition on sectarian school tuition payments is state law. 

“In Espinoza, the Montana Supreme Court struck the scholarship program down under their state Blaine Amendment because the program included religious schools,” West told CNA.  

“Here, although New Hampshire also has a Blaine Amendment, the anti-religious language is also written directly into the tuitioning statute. So the tuitioning program excludes religious schools on its face,” she said. 

In Espinoza, the Supreme Court ruled that as school choice programs are not mandated, religious schools cannot be left out of the program on the basis of religion–something that is happening in New Hampshire. 

“The principle at issue, however, is exactly the same,” West said. “Once it decides to create an educational choice program, a state cannot exclude religious schools solely because they are religious.” 

“The Griffins qualify for New Hampshire’s tuitioning program in all respects except for the fact that they chose a religious school for their grandson. As the Supreme Court made clear in Espinoza, this discrimination violates the First Amendment,” she said.


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News Briefs

Cardinal Parolin in Lebanon: The Church, Pope Francis are with you after Beirut explosion

September 4, 2020 CNA Daily News 3

Vatican City, Sep 4, 2020 / 05:00 am (CNA).- Cardinal Pietro Parolin told Lebanese Catholics at a Mass in Beirut Thursday that Pope Francis is close to them, and praying for them, during their time of suffering.

“It is with great joy that I find myself among you today, in the blessed land of Lebanon, to express to you the closeness and solidarity of the Holy Father and, through him, of the whole Church,” the Vatican’s Secretary of State said Sept. 3.

Parolin visited Beirut Sept. 3-4 as the representative of Pope Francis, a month after the city experienced a devastating blast which killed nearly 200 people, injured thousands, and left thousands without a home.

The pope has called for Sept. 4 to be a universal day of prayer and fasting for the country.

Cardinal Parolin celebrated Mass for around 1,500 Maronite Catholics at the Shrine of Our Lady of Lebanon, a major pilgrimage site in the hills of Harissa, north of Beirut, on the evening of Sept. 3.

“Lebanon has suffered too much and the past year has been the scene of several tragedies affecting the Lebanese people: the acute economic, social and political crisis which continues to rock the country, the coronavirus pandemic which has worsened the situation and most recently, a month ago, the tragic explosion of the port of Beirut which ripped open the capital of Lebanon and caused terrible misery,” Parolin said in his homily.

“But the Lebanese are not alone. We accompany them all spiritually, morally and materially.”

Parolin also met with Lebanon’s President Michel Aoun, a Catholic, in the morning of Sept. 4.

Cardinal Parolin brought the president greetings from Pope Francis and said that the pope was praying for Lebanon, according to Archbishop Paul Sayah, who is responsible for external relations for the Maronite Catholic Patriarchate of Antioch. 

Parolin told President Aoun that Pope Francis “wants you to know that you are not alone in these difficult times that you are experiencing,” Sayah told CNA.

The Secretary of State will conclude his visit with a meeting with Maronite bishops, including Cardinal Bechara Boutros Rai, the Maronite Catholic patriarch of Antioch, during lunch Sept. 4.

Speaking via phone from Lebanon the morning of Sept. 4, Sayah said that the patriarchs have a deep appreciation and gratitude to the Holy Father for his closeness “in such difficult times.” 

“I’m sure today [Patriarch Rai] will express those sentiments to Cardinal Parolin face-to-face,” he noted.

Commenting on the Aug. 4 Beirut explosion, Sayah said “it’s a huge disaster. The suffering of the people… and the destruction, and the winter is coming and people will certainly not have the time to rebuild their homes.”

Archbishop Sayah added, however, that “one of the beautiful things about this experience is the influx of people volunteering to help.”

“Young people especially have really flocked in the thousands into Beirut to help, and also the international community which has been present offering assistance in various ways. It’s a good sign of hope,” he said.

Cardinal Parolin also met with religious leaders at the Maronite Cathedral of St. George in Beirut. 

“We are still shocked by what happened a month ago,” he said. “We pray that God may render us strong to care for every person who was affected and to accomplish the task of rebuilding Beirut.”

“As I arrived here, the temptation was to say that I would have liked to meet you in different circumstances. I said, ‘no,’ however! The God of love and mercy is also the God of history and we believe that God wants us to accomplish our mission of caring for our brothers and sisters in this present time, with all its difficulties and challenges.”

In his homily, delivered in French with Arabic translation, Cardinal Parolin said the Lebanese people can identify with Peter in the fifth chapter of St. Luke’s Gospel.

After fishing all night and catching nothing, Jesus asks Peter “to hope against all hope,” the Secretary of State noted. “After objecting, Peter obeyed and said to the Lord: ‘but at your word I will let go of the nets… And having done so, he and his companions caught a great multitude of fish.’”

“It is the Word of the Lord which changed the situation of Peter and it is the Word of the Lord which calls today the Lebanese to hope against all hope and to move forward with dignity and pride,” Parolin encouraged.

He also said that “the Word of the Lord is addressed to the Lebanese through their faith, through Our Lady of Lebanon and through Saint Charbel and all the saints of Lebanon.”

Lebanon will be reconstructed not only on a material level, but also on the level of public affairs, according to the secretary of state. “We have every hope that Lebanese society will be based more on rights, duties, transparency, collective responsibility and the service of the common good.”

“The Lebanese will walk this path together,”  he said. “They will rebuild their country, with the help of friends and with a spirit of understanding, dialogue and coexistence that has always distinguished them.”


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News Briefs

Europe’s Catholic bishops back archbishop blocked from returning to Belarus

September 4, 2020 CNA Daily News 2

CNA Staff, Sep 4, 2020 / 03:00 am (CNA).- Catholic bishops across Europe have expressed support for an archbishop who was refused entry to his homeland of Belarus. 

In a Sept. 3 statement, the presidency of the Council of Bishops’ Conferences of Europe (CCEE) said it hoped that Archbishop Tadeusz Kondrusiewicz would be allowed to return home immediately.

“While ensuring their own prayers for the beloved pastor and for the whole Belarusian community, they hope for an immediate return home for the Archbishop of Minsk and a resumption of his episcopal ministry,” the statement on behalf of bishops from 45 European countries said.

The archbishop of Minsk-Mohilev was turned back by border guards when he attempted to return to Belarus Aug. 31 following a trip to Poland. He told CNA Sept. 1 that he was “very much surprised” and had demanded an official explanation. 

The incident occurred amid ongoing demonstrations in Belarus following a disputed presidential election Aug. 9. The incumbent, Alexander Lukashenko, claimed victory with 80% of the vote. His challenger, Sviatlana Tsikhanouskaya, was detained after she complained to the electoral committee, then fled to Lithuania. 

The decision to stop Kondrusiewicz, a Belarusian citizen, from returning home has provoked international concern. Mike Pompeo, the U.S. Secretary of State, urged the Belarusian authorities Sept. 1 to readmit Kondrusiewicz to the country.

Belarusian authorities should allow the re-entry of Archbishop Kondrusiewicz, so he can tend to his flock during the ongoing protests. He and all Belarusian people must be allowed to exercise their fundamental freedoms, including freedom to worship. https://t.co/S5Gyiq7SdB

— Secretary Pompeo (@SecPompeo) September 1, 2020

 

The archbishop had spoken out in defense of protesters following the election. 

He demanded an investigation last week into reports that riot police blocked the doors of a Catholic church in Minsk while clearing away protesters from a nearby square.

He prayed outside of a prison Aug. 19 where detained protesters were reported to have been tortured.

Kondrusiewicz met with Interior Minister Yuri Karaev Aug. 21 to express his concerns about the government’s heavy-handed response to the protests.

He told CNA that he feared the country was heading towards civil war.

“The situation is very, very difficult, very critical,” he said.

Catholics in Belarus will hold a day of prayer Sept. 7 for the archbishop’s swift return to the country.

The CCEE statement was issued by its secretariat in St. Gallen, Switzerland. The organization, which was officially established in 1971, has 39 members, comprising 33 bishops’ conferences, the Archbishops of Luxembourg, the Principality of Monaco, the Maronite archbishop of Cyprus, the bishop of Chişinău, Moldova, the eparchial bishop of Mukachevo, and the apostolic administrator of Estonia.

The group’s statement said: “The CCEE Presidency expresses the closeness of the entire European Episcopate to Msgr. Kondrusiewicz and to the Church in Belarus in this delicate matter and makes their own the appeal of Pope Francis ‘to dialogue, the rejection of violence and respect for justice and law.’ And, together with the Pope, entrust ‘all Belarusians to the protection of Our Lady, Queen of Peace.’”

The CCEE concluded by saying that Europe’s bishops “encourage everyone to commit themselves to peacefully resolve the conflict and to pursue, with confidence, the path of dialogue for the good of man and of society as a whole.”


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