California voters must reject ‘no limit’ Proposition 1 abortion amendment, critics say

President Ronald Reagan and his Supreme Court justice nominee Sandra Day O’Connor on July 15, 1981. / Public Domain

CNA Newsroom, Dec 1, 2023 / 17:40 pm (CNA).

Former U.S. Supreme Court justice Sandra Day O’Connor, a swing vote who became a key part of the court’s longtime abortion-supporting majority, died Friday. She was 93 and had been suffering from dementia for several years. 

Born Sandra Day in El Paso, Texas, in 1930, she grew up on a ranch in eastern Arizona. She was baptized an Episcopalian and later attended Episcopal churches as an adult. 

She went to Stanford and Stanford Law School at a time when few women did either. As an undergraduate, she dated future Supreme Court colleague William Rehnquist and turned down an offer of marriage from him. Instead, she married another fellow law school student, John O’Connor. 

As a female lawyer during the 1950s, she initially had trouble getting work but eventually joined a prosecutor’s office. She took five years off from practicing law after the birth of the second of her three children to tend to them. 

In 1965 she joined the office of the Arizona attorney general, a Republican, after campaigning the year before for the Republican nominee for president, Barry Goldwater, a fellow Arizonan. In 1969 the governor appointed her to fill a vacancy in the Arizona Senate, where she rose to become majority leader. She left in 1974 for a state judgeship, eventually rising to the Arizona Court of Appeals, which is the second-highest court in the state. 

O’Connor and abortion 

President Ronald Reagan nominated O’Connor to the U.S. Supreme Court in July 1981, fulfilling a campaign promise to name the first woman to the nation’s highest court. 

Reagan was unaware at the time of her selection that O’Connor as a Republican state senator in the 1970s supported abortion, according to conservative columnist Robert Novak’s 2007 autobiography “The Prince of Darkness.” When social conservatives erupted over the announcement, Reagan asked his attorney general to check on complaints about her. 

The task went to a young aide, who called O’Connor and reported in a memo that she said she could not recall how she had voted on a 1970 bill seeking to legalize abortion in the state — even though she was a co-sponsor of it. (Before the Internet, it wasn’t easy to check such information.) 

She also told the aide — Kenneth Starr, who later served as independent counsel investigating President Bill Clinton during the 1990s — that she “had never had any disputes or controversies” with the leader of the pro-life movement in Arizona, according to a memo Starr wrote. But the pro-life leader told Novak a couple of days later that she had frequently clashed with O’Connor, calling her “one of the most powerful pro-abortionists in the Senate.” 

Even so, O’Connor’s nomination went forward and sailed through the U.S. Senate. 

Once she joined the court, O’Connor’s position on abortion wasn’t immediately clear. In 1986, she voted with the minority in a 5-4 ruling that struck down a Pennsylvania law that required abortion providers to inform a woman seeking an abortion about fetal development and about “detrimental physical and psychological effects” and “particular medical risks” of an abortion. 

O’Connor in her dissent called the court’s abortion decisions to that time “a major distortion in the Court’s constitutional jurisprudence” and said the majority’s decision in the case before it, Thornburgh v. American College of Obstetricians and Gynecologists, “makes it painfully clear that no legal rule or doctrine is safe from ad hoc nullification by this Court when an occasion for its application arises in a case involving state regulation of abortion.” 

But her most memorable abortion vote came in the 1992 case Planned Parenthood v. Casey, in which she joined the 5-4 majority in upholding what the court called the “essential holding” of Roe v. Wade that abortion is a “fundamental right” before a fetus is capable of living outside the womb. 

In Casey, O’Connor co-wrote the plurality opinion that continued a federal right to abortion for another 30 years. 

‘Loosen up, Sandy’

O’Connor was a key player in other landmark decisions as well. 

In 1986, she joined the majority in the 5-4 decision Bowers v. Hardwick, which upheld as constitutional a state statute in Georgia that criminalized sodomy. (The court overturned that ruling in 2003 in Lawrence v. Texas; O’Connor joined the 6-3 majority, though she made a distinction between the two cases because Texas’ law banned sodomy only between two members of the same sex, while Georgia’s statute banned sodomy generally.) 

In 2003, O’Connor wrote the majority opinion in the 5-4 decision Grutter v. Bollinger, which upheld affirmative action based on race in public university admissions. (The U.S. Supreme Court overturned the Grutter decision in June 2023 in Students for Fair Admissions v. Harvard.) 

In 2005, she sided with the 5-4 majority in McCreary County v. American Civil Liberties Union that found that displays of the Ten Commandments at two state courthouses in Kentucky violated the Constitution. 

She is perhaps better remembered, though, for what happened during a social occasion several years after she joined the court. 

In 1985, O’Connor went to a black-tie event in Washington where she was seated near John Riggins, a Washington Redskins star running back, who had drunk “a few beers” and two double scotches before knocking over and spilling four bottles of wine on the table. 

O’Connor had previously said she had to leave early and was in the process of doing so when Riggins, trying to get her to stay, piped up: “Loosen up, Sandy baby.” 

He then passed out. 

O’Connor got a kick out of it and got big laughs when she made a reference to it at the beginning of a speech a few days later. 

Retirement 

O’Connor retired from the court in January 2006 at age 75 to spend time with her husband, who had been diagnosed with Alzheimer’s disease around the early 1990s. (He died in 2009.) 

O’Connor was replaced by Samuel Alito, who has since become one of the most conservative justices and who wrote the majority decision in Jackson Women’s Health Center v. Dobbs, which last year overturned Roe v. Wade and Planned Parenthood v. Casey. 

[…]

Indianapolis, Ind., Mar 9, 2020 / 02:24 pm (CNA).- Indiana’s Marion Superior Court has postponed a hearing scheduled for Tuesday in a religious liberty case over whether a Catholic school may dismiss a teacher for publicly violating Church teaching.

Becket, which is representing the the Archdiocese of Indianapolis in the case, has announced that a March 10 hearing in Payne-Elliott v. Archdiocese of Indianapolis “has been postponed for medical reasons.”

It added that the hearing will be reset at a later date.

Joshua Payne-Elliott, a former teacher at Cathedral High School in Indianapolis, filed a lawsuit claiming that the archdiocese illegally interfered in his professional relationship with Cathedral High School, leading the school to terminate his contract in June 2019.

Joshua and Layton Payne-Elliott had contracted a same-sex civil marriage in 2017.

Joshua was dismissed from Cathedral High because contracting a same-sex marriage violates archdiocesan policies and Catholic teaching.

“Archbishop Thompson made it clear that Cathedral’s continued employment of a teacher in a public, same-sex marriage would result in our forfeiting our Catholic identity due to our employment of an individual living in contradiction to Catholic teaching on marriage,” Cathedral High School leaders said in a June 2019 letter.

“Therefore, in order to remain a Catholic Holy Cross School, Cathedral must follow the direct guidance given to us by Archbishop Thompson and separate from the teacher,” said the letter, signed by Matt Cohoat, chairman of Cathedral High School’s board of directors, and Rob Bridges, the school’s president.

Layton is employed as a teacher at Brebeuf Jesuit Preparatory School. The school’s Catholic identity was revoked by the Archbishop of Indianapolis in 2019 after a disagreement about Layton’s employment. The revocation is temporarily suspended while the Congregation for Catholic Education considers an appeal.

In 2017, Archbishop Charles Thompson of Indianapolis had requested that Cathedral High School and Brebeuf Jesuit Preparatory School not renew the Payne-Elliotts’ contracts.

Joshua Payne-Elliott filed a lawsuit against the archdiocese in protest of his dismissal in August 2019, one day after having reached a settlement with Cathedral High School.

Jay Mercer, an attorney for the archdiocese, has said that “The Supreme Court has repeatedly recognized that churches have a constitutional right to determine rules for religious schools, and that religious schools have a constitutional right to hire leaders who support the schools’ religious mission.”

“Families rely on the Archdiocese to uphold the fullness of Catholic social teaching throughout its schools, and the Constitution fully protects the Church’s efforts to do so,” he added.

The Department of Justice has said that the school’s decision was protected by the First Amendment.

“This case presents an important question: whether a religious entity’s interpretation and implementation of its own religious teachings can expose it to third-party intentional-tort liability. The First Amendment answers that question in the negative,” a Justice Department statement of interest said.

It added that “religious employers are entitled to employ only persons whose beliefs and conduct are consistent with the employers’ religious precepts, and, more broadly, that the United States Constitution bars the government from interfering with the autonomy of a religious organization.”

In June 2019, the archdiocese said of teachers that “it is their duty and privilege to ensure that students receive instruction in Catholic doctrine and practice. To effectively bear witness to Christ, whether they teach religion or not, all ministers in their professional and private lives must convey and be supportive of Catholic Church teaching.”

Archdiocesan policy states that every Catholic school, archdiocesan and private, must clearly state in its contracts and job descriptions that all teachers are ministers of the Gospel and must convey and be supportive of all teachings of the Catholic Church.

In a June 2019 statement, the archdiocese explained that teachers at Catholic schools are considered ministers, as part of the schools’ mission to forming students in the Catholic faith.

“To effectively bear witness to Christ, whether they teach religion or not, all ministers in their professional and private lives must convey and be supportive of Catholic Church teaching,” the archdiocese said.

Archbishop Thompson has stressed that Joshua Payne-Elliott was removed not because he is homosexual, but because he had contracted a same-sex marriage, in opposition to Church teaching on marriage.

All people should be treated with love and respect, and sexual orientation in itself is not sinful, the archbishop said.

However, he added, the Church is clear in teaching that the proper role of sexual activity is within a marriage between one man and one woman.

The problem in cases such as Brebeuf and Cathedral, he said, “is about public witness of Church teaching on the dignity of marriage as one man and one woman. That is our Church teaching.”

“In this particular case we’re dealing with, those are ministers in our Church. Teachers, guidance counselors, other leaders, leaders of the schools and other leaders in the archdiocese are bound to live out these principles.”

[…]

Pope Francis prays during his Wednesday general audience in St. Peter’s Square at the Vatican on April 24, 2024. / Credit: Vatican Media

ACI Prensa Staff, Apr 25, 2024 / 16:10 pm (CNA).
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