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Supreme Court sends transgender student case back to lower court

March 6, 2017 CNA Daily News 0

Washington D.C., Mar 6, 2017 / 10:43 am (CNA/EWTN News).- The Supreme Court will not hear the case of a transgender student’s demand to access public school single-sex bathrooms, instead sending it back to the lower courts for reconsideration.

Announced Monday, the decision to send the case back to a lower court was based on the Trump administration’s recent announcement that it was withdrawing the Obama-era guidance which had stated that students should have access to the facilities of their self-perceived gender identification.

“The first duty of school districts is to protect the bodily privacy rights of all of the students who attend their schools and to respect the rights of parents who understandably don’t want their children exposed in intimate changing areas like locker rooms and showers,” Kerri Kupec, legal counsel for the group Alliance Defending Freedom, stated in response to the Court’s decision.

The U.S. Fourth Circuit Court of Appeals had ruled last April that Gavin Grimm, a transgender student in Virginia’s Gloucester County School District, must be allowed access to public school single-sex male facilities. Grimm was born a girl but currently identifies as a boy, receiving hormone therapy and a name change.

The school district board had decided to allow Gavin access to a unisex bathroom facility at school, after proposing that students in the district had to use locker room and restroom facilities according to their birth gender.  

Grimm’s lawyers rejected this policy, saying it would “make him feel even more stigmatized” and that “being required to use separate restrooms sets him apart from his peers, and serves as a daily reminder that the school views him as ‘different.’”

The case was about how transgender persons can “participate in public life” through access to public facilities, Chase Strangio, staff attorney at the American Civil Liberties Union’s LGBT & HIV Project, stated in a Feb. 23 conference call with reporters.

Grimm asked for an injunction on the policy, but that was denied by a district court. The Fourth Circuit overruled that decision and sent it back to the lower court, which eventually ruled in Grimm’s favor. The case was appealed to the Supreme Court, which agreed in October to hear the case.

The Obama administration last year stated that public schools should allow transgender students access to single-sex facilities – like locker rooms and restrooms – of their current gender identity.

However, after a federal court ruled against this guidance, the administration of President Donald Trump refused to challenge that decision, and eventually withdrew the guidance. Based on this action, the Supreme Court sent Grimm’s case back to the Fourth Circuit for reconsideration.

“The Fourth Circuit Court, which will now rehear the case, should allow local schools to find solutions that benefit everyone’s safety and privacy,” said Ryan Anderson, senior research fellow at the Heritage Foundation.

Kupec praised the Trump administration for rejecting “the faulty directive.”

Furthermore, she added, federal Title IX law doesn’t mandate such access to single-sex facilities for transgender students, as the Fourth Circuit had previously decided. Rather, it “protects boys’ and girls’ privacy in locker rooms, showers, and restrooms.”

“School officials should be free to protect their students’ privacy, safety, and dignity without federal government interference,” she said.

 

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Trump pushes education choices in visit to Florida Catholic school

March 3, 2017 CNA Daily News 0

Orlando, Fla., Mar 3, 2017 / 04:26 pm (CNA/EWTN News).- President Donald Trump visited a Florida Catholic school on Friday, praising the Catholic education system and touting his support for school choice programs.

“You understand how much your students benefit from full education, one that enriches both the mind and the soul. That’s a good combination,” the president told Bishop John Noonan of Orlando at St. Andrew Catholic School March 3.

He toured the pre-K-8th grade school, located in Orlando’s Pine Hills neighborhood, and spoke with students, who presented him with two cards. He visited a fourth grade class, the Associated Press reports.

President Trump responded to a girl who told him she wanted to own her own business, saying she’s “gonna make a lot of money. But don’t run for politics.”

His tour was followed by public comments attended by Secretary of Education Betsy DeVos, U.S. Sen. Marco Rubio (R-Florida), Florida Gov. Rick Scott, various Catholic school officials and Bishop Noonan.

There, President Trump reflected on the contributions of Catholic education.

“St. Andrew’s Catholic school represents one of the many parochial schools dedicated to the education of some of our nation’s most disadvantaged children, but they’re becoming just the opposite very rapidly through education and with the help of the school choice programs,” he said.

He praised the school principal, Latrina Peters-Gipson, for her work, saying, “The love of what you do is really fantastic.”

The visit marked the president’s first official trip to a school since he took office. According to the Washington Post, about 300 of the school’s 350 students are beneficiaries of a Florida tax credit program that funds scholarships for families with limited resources.

Henry Fortier, superintendent of schools in the Diocese of Orlando, said the visit was an “exciting opportunity to share the good news and the work that we do.” He said school choice has also been an important part of his career in previous administrative roles in the archdioceses of New York and Baltimore.

“I know that there’s a lot of controversy about school choice for parents and lots of people have different opinions, but I see it as a partnership,” Fortier said. “It’s not a situation of us versus them, it’s a situation of us providing opportunities to our parents so that they have the right to choose an education that is appropriate for their children.”

“It shouldn’t be for just the wealthy that can afford it,” he said, lamenting that many working class families do not have the opportunity to choose the education for their children.

Fortier said the diocese’s schools work closely with their public school counterparts.

He said 25 percent of students in the Diocese of Orlando are in the state of Florida’s Step Up tax credit scholarship program. Of those 25 percent, 727 graduated in 2016, a graduation rate of 100 percent with a 99 percent placement in college or the military.

The superintendent touted the schools’ higher-than-average school scores on college entrance exams and student tests.

President Trump, repeating a campaign phrase, said education is “the civil rights issue of our time.”

“It’s why I’ve asked Congress to support a school choice bill. We’ve come a long way, I think. We’re ahead of schedule in so many ways when it comes to education.”

He predicted schools like St. Andrew would have “a fantastic relationship” with the Secretary of Education that would create “a lot of good things for your school and for the entire system.”

Bishop Noonan prayed for the president, his family, and everyone present.

“We pray for this day in dialogue that we may share the good news, and the future of our students,” he said.

President Trump thanked the bishop for his “uplifting prayer” and praised the bishop’s support for schools like St. Andrews.

The president’s visit drew criticism from some public school advocates like Randi Weingarten, president of the American Federation of Teachers, who characterized the president’s visit as a continuation of an “ideological crusade.”

Weingarten said that many voucher programs do not improve students’ academic outcomes and are not transparent in their spending and teaching policies.

Maureen Ferguson, senior policy advisor at The Catholic Association, said the president’s visit was appropriate given Catholic schools’ “record of success.” She said Catholic high school students are twice as likely as public school students to graduate college and their high school education is half the cost as public schools.

According to Ferguson, Catholic high schools in inner cities have a 99 percent graduation rate.

 

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What’s the point of fasting, anyway?

March 3, 2017 CNA Daily News 0

Washington D.C., Mar 3, 2017 / 03:02 am (CNA/EWTN News).- God commanded it, Jesus practiced it, Church Fathers have preached the importance of it – fasting is a powerful and fundamental part of the Christian life.

But for many Catholics today, it’s more of an afterthought: something we grudgingly do on Good Friday, perhaps on Ash Wednesday if we remember it. Would we fast more, especially during Lent, if we understood how helpful it is for our lives?

The answer to this, say both saints of the past and experts today, is a resounding “yes.”

“Let us take for our standard and for our example those that have run the race, and have won,” said Deacon Sabatino Carnazzo, founding executive director of the Institute of Catholic Culture and a deacon at Holy Transfiguration Melkite Greek Catholic Church in Mclean, Va., of the saints.

“And…those that have run the race and won have been men and women of prayer and fasting.”

So what, in essence, is fasting?

It’s “the deprivation of the good, in order to make a decision for a greater good,” explained Deacon Carnazzo. It is most commonly associated with abstention from food, although it can also take the form of giving up other goods like comforts and entertainment.

The current fasting obligation for Latin Catholics in the United States is this: all over the age of 14 must abstain from meat on Ash Wednesday, Good Friday, and all Fridays in Lent. On Ash Wednesday and Good Friday, adults age 18 to 59 must fast – eating no more than one full meal and two smaller meals that together do not add up in quantity to the full meal.

Catholics, “if possible,” can continue the Good Friday fast through Holy Saturday until the Easter Vigil, the U.S. Catholic Bishops Conference adds.

Other Fridays throughout the year (aside from Friday within the Octave of Easter) “are penitential days and times throughout the entire Church,” according to Canon Law 1250. Catholics once abstained from meat on all Fridays, but the U.S. bishops received permission from the Holy See for Catholics to substitute another sacrifice or perform an act of charity instead.

Eastern Rite Catholics, meanwhile, follow the fasting laws of their own particular church.  

In their 1966 “Pastoral Statement on Penance and Abstinence,” the National Conference of Catholic Bishops exhorted the faithful, on other days of Lent where fasting is not required, to “participation in daily Mass and a self-imposed observance of fasting.”

Aside from the stipulations, though, what’s the point of fasting?

“The whole purpose of fasting is to put the created order and our spiritual life in a proper balance,” Deacon Carnazzo said.

As “bodily creatures in a post-fallen state,” it’s easy to let our “lower passions” for physical goods supersede our higher intellect, he explained. We take good things for granted and reach for them whenever we feel like it, “without thinking, without reference to the One Who gives us the food, and without reference to the question of whether it’s good for us or not,” he added.

Thus, fasting helps “make more room for God in our life,” Monsignor Charles Pope, pastor of Holy Comforter/St. Cyprian Catholic Church in Washington, D.C. said.

“And the Lord said at the well, with the (Samaritan) woman, He said that ‘everyone that drinks from this well is going to be thirsty again. Why don’t you let me go to work in your life and I’ll give you a fountain welling up to Eternal Life.’”

While fasting can take many forms, is abstaining from food especially important?  

“The reason why 2000 years of Christianity has said food (for fasting), because food’s like air. It’s like water, it’s the most fundamental,” Deacon Carnazzo said. “And that’s where the Church says ‘stop right here, this fundamental level, and gain control there.’ It’s like the first step in the spiritual life.”

What the Bible says about it

Yet why is fasting so important in the life of the Church? And what are the roots of the practice in Scripture?

The very first fast was ordered by God to Adam in the Garden of Eden, Deacon Carnazzo noted, when God instructed Adam and Eve not to eat of the tree of knowledge of good and evil (Genesis 2:16-17).

This divine prohibition was not because the tree was bad, the deacon clarified. It was “made good” like all creation, but its fruit was meant to be eaten “in the right time and the right way.” In the same way, we abstain from created goods so we may enjoy them “in the right time and the right way.”

The fast is the weapon of protection against demons – St. Basil the Great.

Fasting is also good because it is submission to God, he said. By fasting from the fruit of the tree, Adam and Eve would have become partakers in the Divine Nature through their obedience to God. Instead, they tried to take this knowledge of good and evil for themselves and ate the fruit, disobeying God and bringing Original Sin, death, and illness upon mankind.

At the beginning of His ministry, Jesus abstained from food and water for 40 days and nights in the desert and thus “reversed what happened in the Garden of Eden,” Deacon Carnazzo explained. Like Adam and Eve, Christ was tempted by the devil but instead remained obedient to God the Father, reversing the disobedience of Adam and Eve and restoring our humanity.

Following the example of Jesus, Catholics are called to fast, said Fr. Lew. And the Church Fathers preached the importance of fasting.

Why fasting is so powerful

“The fast is the weapon of protection against demons,” taught St. Basil the Great. “Our Guardian Angels more really stay with those who have cleansed our souls through fasting.”

Why is fasting so powerful? “By setting aside this (created) realm where the devil works, we put ourselves into communion with another realm where the devil does not work, he cannot touch us,” Deacon Carnazzo explained.

It better disposes us for prayer, noted Monsignor Pope. Because we feel greater hunger or thirst when we fast from food and water, “it reminds us of our frailty and helps us be more humble,” he said. “Without humility, prayer and then our experience of God really can’t be unlocked.”

Thus, the practice is “clearly linked by St. Thomas Aquinas, writing within the Tradition, to chastity, to purity, and to clarity of mind,” noted Fr. Lew.

“You can kind of postulate from that that our modern-day struggles with the virtue of chastity, and perhaps a lack of clarity in theological knowledge, might be linked to an abandonment of fasting as well.”

A brief history of fasting

The current fasting obligations were set in the 1983 Code of Canon Law, but in previous centuries, the common fasts among Catholics were stricter and more regularly observed.  

Catholics abstained from meat on all Fridays of the year, Easter Friday excluded. During Lent, they had to fast – one meatless meal and two smaller meatless meals – on all days excluding Sunday, the day of the Resurrection. They abstained from meat on Fridays and Saturdays in Lent – the days of Christ’s death and lying in the tomb – but were allowed meat during the main meal on the other Lenten weekdays.

The obligations extended to other days of the liturgical year. Catholics fasted and abstained on the vigils of Christmas and Pentecost Sunday, and on Ember Days – the Wednesday, Friday, and Saturday after the Feast of St. Lucy on Dec. 13, after Ash Wednesday, after Pentecost Sunday, and after the Feast of the Exaltation of the Holy Cross in September – corresponding with the four seasons.

In centuries past, the Lenten abstention was more austere. Catholics gave up not only meat but also animal products like milk and butter, as well as oil and even fish at times.

Why are today’s obligations in the Latin Rite so minimal? The Church is setting clear boundaries outside of which one cannot be considered to be practicing the Christian life, Deacon Carnazzo explained. That is why intentionally violating the Lenten obligations is a mortal sin.

But should Catholics perform more than the minimum penance that is demanded? Yes, said Fr. Lawrence Lew, O.P., who is currently studying for a Pontifical License in Sacred Theology at the Dominican House of Studies in Washington, D.C.

The minimum may be “what is due to God out of justice,” he explained, but we are “called not only to be just to God,” but also “to love God and to love our neighbor.” Charity, he added, “would call us to do more than just the minimum that is applied to us by the Code of Canon Law today, I think.”

In Jeremiah 31: 31-33, God promises to write His law upon our hearts, Deacon Carnazzo noted. We must go beyond following a set of rules and love God with our hearts, and this involves doing more than what we are obliged to do, he added.

Be wary of your motivation

However, Fr. Lew noted, fasting “must be stirred up by charity.” A Catholic should not fast out of dieting or pride, but out of love of God.  

“It’s always dangerous in the spiritual life to compare yourself to other people,” he said, citing the Gospel of John where Jesus instructed St. Peter not to be concerned about the mission of St. John the Apostle but rather to “follow Me.” (John 21: 20-23).

In like manner, we should be focused on God during Lent and not on the sacrifices of others, he said.  

Lent (is referred to) as a joyful season…It’s the joy of loving Him more.

“We will often fail, I think. And that’s not a bad thing. Because if we do fail, this is the opportunity to realize our utter dependence on God and His grace, to seek His mercy and forgiveness, and to seek His strength so that we can grow in virtue and do better,” he added.

And by realizing our weakness and dependence on God, we can “discover anew the depths of God’s mercy for us” and can be more merciful to others, he added.

Giving up good things may seem onerous and burdensome, but can – and should – a Catholic fast with joy?

“It’s referred to in the preface of Lent as a joyful season,” Fr. Lew said. “And it’s the joy of deepening our relationship with Christ, and therefore coming closer to Him. It’s the joy of loving Him more, and the more we love God the closer we draw to Him.”

“Lent is all about the Cross, and eventually the resurrection,” said Deacon Carnazzo. If we “make an authentic, real sacrifice for Christ” during Lent, “we can come to that day of the crucifixion and say ‘Yes Lord, I willingly with you accept the cross. And when we do that, then we will behold the third day of resurrection.’”

This article was originally published on CNA Feb. 20, 2016.

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Congress can do more for religious liberty abroad, scorecard finds

March 1, 2017 CNA Daily News 0

Washington D.C., Mar 1, 2017 / 03:02 pm (CNA/EWTN News).- The United States Congress can do more to prioritize international religious freedom, and ensuring that bills come up for a vote is key to that, an advocacy organization has found in its new scorecard for Senators and Representatives.

At a time when the three-fourths of the world’s population lives in countries where freedom of religion is significantly restricted, members of U.S. Congress must be held accountable on how much importance they give to protecting and promoting this freedom abroad, The 21st Century Wilberforce Initiative maintained.

“Congress can do more to prioritize international religious freedom,” the Wilberforce Initiative concluded from its scorecard for the 114th session of Congress.

The card was announced last year as a way to hold members of Congress accountable for their activity – or lack thereof – in promoting religious freedom abroad.

“Most of the major international religious freedom initiatives over the past few decades came from Congress,” stated Rep. Chris Smith (R-N.J.), who earned the top score among members of the U.S. House.

The top scorer in the Senate was Marco Rubio (R-Fla.).

The Wilberforce Initiative announced that “collectively, more people are persecuted for their faith now than at any other time in the world’s history. This includes more than 100 million people killed under repressive secularist and communist regimes in the 20th century.”

“Federal legislators can help our nation lead in the protection and promotion of religious freedom by publicizing various issues and cases, by passing bills in support of religious freedom, and, in some instances, by exerting pressure in support of religious freedom. It is critical that legislators use their influence to support those who are persecuted for their faith.”

So the Wilberforce Initiative’s scorecard tracks legislators’ votes on bills and their sponsorships or co-sponsorships of legislation, as well as their membership in religious freedom caucuses like the International Religious Freedom Caucus, the House Religious Minorities in the Middle East Caucus, and the Tom Lantos Human Rights Commission.

Most bills are not ultimately voted on, the Wilberforce Initiative maintained, so they make sure to keep track of members’ sponsorship of bills in an effort to bring up a vote on an important religious freedom issue. And many items, especially in the Senate, have not yet been voted on and provide “ample opportunity” for members to prove their commitment to religious freedom in 2017.

What were some of the most pressing matters of religious freedom in 2016?

Two of the biggest score items, according to the Wilberforce Initiative, were H. Con. Res. 75, a congressional resolution stating that the Islamic State was committing genocide, war crimes, and crimes against humanity against religious and ethnic minorities in Iraq and Syria, which passed the House in March; and the Frank R. Wolf International Religious Freedom Act, which passed both houses in December.

Some of the other items included the Combatting European Anti-Semitism Act of 2016 and Senate resolutions calling for sanctions on Vietnam’s human rights abusers, and condemning “the Government of Iran’s state-sponsored persecution of its Baha’i minority.”

House resolutions included a call for the U.S. to support a Nineveh Plain province for its inhabitants who were persecuted by the Islamic State and a “call for the global repeal of blasphemy laws.”

Most of the highly-recognized leaders on the issue are members of the House, as “the Senate has been less engaged in promoting religious freedom than the House,” the Wilberforce Initiative noted.

The Wilberforce Initiative also noted that low scores “do not necessarily indicate disagreement with international religious freedom, but reflect that it was not a high priority for that legislator. Conversely, high scores demonstrate that a given legislator actively supported international religious freedom legislation and has made support of international religious freedom a priority.”

It also stated that a scorecard “is an imperfect tool” and that “there are are additional factors that cannot be reflected,” such as quiet diplomacy and casework.

Of legislators who earned an “A”, 56 percent were Republicans and 44 percent were Democrats. Those with “B” and “C” ratings were also majority Republican. But among legislators who scored a “D”, 62 percent were Republicans and 38 percent were Democrats. No legislators earned an “F”.

Marco Rubio was the only Senator to receive an “A+”, while 13 Representatives received the score: Robert Dold (R-Ill.), Anna Eshoo (D-Calif.), Jeff Fortenberry (R-Neb.), Trent Franks (R-Ariz.), Zoe Lofgren (D-Calif.), James McGovern (D-Mass.), Joseph Pitts (R-Penn.), Dana Rohrabacher (R-Calif.), Ileana Ros-Lehtinen (R-Fla.), Brad Sherman (D-Calif.), Chris Smith (R-N.J.), David Trott (R-Mich.), and Juan Vargas (D-Calif.).

Aside from Rubio, 2016’s presidential contenders did not fare so well on the list. Sens Bernie Sanders (D-Vt.) and Rand Paul (R-Ky.) got “C” marks, and Sens. Ted Cruz (R-Tex.) and Lindsey Graham (R-S.C.) received “D” ratings.

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