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Christian florist loses religious liberty case, will appeal to US Supreme Court

February 16, 2017 CNA Daily News 0

Seattle, Wash., Feb 16, 2017 / 03:35 pm (CNA/EWTN News).- A Washington state florist must pay fines and legal costs for conscientiously objecting to serving a same-sex wedding, as the state’s supreme court upheld a lower court’s decision on Thursday.

“It’s wrong for the state to force any citizen to support a particular view about marriage or anything else against their will. Freedom of speech and religion aren’t subject to the whim of a majority; they are constitutional guarantees,” Kristin Waggoner, senior counsel with the group Alliance Defending Freedom who argued the case before the Washington Supreme Court, stated Feb. 16.

“This case is about crushing dissent. In a free America, people with differing beliefs must have room to coexist,” she added.

In 2013, Barronelle Stutzman, owner of Arlene’s Flowers in Richland, Wash., declined to serve the same-sex wedding of a long-time customer who had requested her service, citing her Christian religious beliefs that marriage is between one man and one woman.

After hearing of the incident, the office of the state attorney general wrote her that she was violating the state’s law by discriminating on basis of “sexual orientation,” and asked her to stop declining such weddings. Stutzman refused out of conscience.

The American Civil Liberties Union and the state of Washington eventually sued her and a lower court ruled against her, ordering her to pay a fine and legal costs.

She appealed her case to the Washington State Supreme Court, which upheld the lower court’s desicion on Thursday, saying that as a business owner Stutzman had to abide by the state’s anti-discrimination law despite her religious beliefs.

“The State of Washington bars discrimination in public accommodations on the basis of sexual orientation. Discrimination based on same-sex marriage constitutes discrimination on the basis of sexual orientation,” the court’s opinion stated.

“We therefore hold that the conduct for which Stutzman was cited and fined in this case – refusing her commercially marketed wedding floral services to Ingersoll and Freed because theirs would be a same-sex wedding – constitutes sexual orientation discrimination under the WLAD.”
 
The law “does not compel speech or association,” the court added, stating that it “is a neutral, generally applicable law that serves our state government’s compelling interest in eradicating discrimination in public accommodations.”

Stutzman has announced that she will appeal her case to the U.S. Supreme Court. “We stand to lose everything we worked for and own,” she stated back in October, noting that legal fees from the case could top $2 million by the end of the case.

Religious freedom advocates decried the ruling.

Russell Moore, president of the Ethics and Religious Liberty Commission of the Southern Baptist Convention, said it “shortchanges our nation’s most fundamental freedom in favor of ideological conformity.”

With Stutzman facing the loss of her business and personal assets, “it’s no wonder that so many people are rightly calling on President Trump to sign an executive order to protect our religious freedom,” Waggoner stated.

“Because that freedom is clearly at risk for Barronelle and so many other Americans, and because no executive order can fix all of the threats to that freedom, we will ask the U.S. Supreme Court to hear this case and reverse this grave injustice.”

[…]

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News Briefs

House votes to allow states to deny funding to Planned Parenthood

February 16, 2017 CNA Daily News 0

Washington D.C., Feb 16, 2017 / 03:01 pm (CNA/EWTN News).- The House voted Thursday to allow states to choose not to fund Planned Parenthood and other abortion providers with federal dollars, repealing an Obama administration rule from December.

“As a registered nurse, I know that vulnerable women seeking true comprehensive care deserve better than abortion-centric facilities like Planned Parenthood,” Rep. Diane Black (R-Tenn.), who introduced the resolution, stated before its Feb. 16 passage.

Back in December, the Department of Health and Human Services issued a rule that states cannot deny federal Title X family planning grants to abortion providers like Planned Parenthood simply because they perform abortions.

States, the administration said, could only deny funding to clinics that did not provide the services for which Title X funds are meant.

While federal dollars cannot directly fund abortions, pro-life leaders insist that taxpayer dollars going to the nation’s largest abortion provider Planned Parenthood free up resources for them to perform more abortions.

Marjorie Dannenfelser, president of the pro-life group Susan B. Anthony List, called the rule a “parting gift to the abortion industry.”

Black introduced H.J. Res. 43 to repeal the rule, under the Congressional Review Act. The resolution passed the House on Thursday 229 to 188.

The move comes as pro-life groups are reporting poor care and abuses at Planned Parenthood clinics nationwide, from affiliates using taxpayer funds for abortion-related services to many clinics not providing prenatal care to clinics setting monthly quotas for abortions or abortion referrals.

“Planned Parenthood which, according to their latest annual report, performed 323,999 abortions in a single year, does not need or deserve taxpayer dollars,” Dannenfelser insisted.

“We look forward to swift passage of this resolution in the Senate so that it can receive President Trump’s signature,” she said.

Dr. Grazie Pozo Christie of The Catholic Association commented: “We applaud the House for voting to rescind a last minute Obama Administration regulation that allows states to take their tax payers’ hard-earned dollars away from the severely limited Planned Parenthood abortion centers and redirect them to comprehensive health care clinics … Passing this resolution lets states fund the health clinics that are true lifelines for poor women.”

Black claimed that states were for decades allowed to pick which health providers they thought were best to receive Title X funds, and that the Obama administration’s rule set “unprecedented new parameters” on states’ use of the funds.

In her state of Tennessee, she said, the state did not cut Title X funds but directed them to county health departments and community health centers.

“We thank Rep. Diane Black (R-TN) and Sen. Joni Ernst (R-IA)  for leading this measure to restore states’ freedom in choosing Title X providers,” Christie stated. “The Obama Administration’s ruling defies states’ right to choose Title X providers, including the ability to exclude abortion providers like Planned Parenthood.”

States are not cutting health grants, Rep. Chris Smith (R-N.J.), co-chair of the Congressional Pro-Life Caucus, insisted, but are redirecting the funds “to other health clinics that provide women’s health care and don’t engage in abortion.”

In issuing its December rule, the Obama administration had claimed that the states’ actions against Planned Parenthood and other clinics had led to “limitations in the geographic distribution of services and decreased access to services.”

However, that was not the case, members maintained on Thursday.

“Prior to the Obama rule, 5 states had chosen to award their Title X funds to non-Planned Parenthood entities,” Smith said. “These five states – Tennessee, Kansas, Oklahoma, Arkansas and Ohio – account for nearly $16 million in annual Title X funding and serve over 279,000 individuals a year.”

“According to HHS’s own 2015 Title X Family Planning Annual report, our state provided care under Title X to more than 75,000 Tennesseans,” Black stated. “That means we served even more citizens than more populated states like Michigan and Virginia.”

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How should the US react to human rights abuses in Ethiopia?

February 16, 2017 CNA Daily News 0

Washington D.C., Feb 16, 2017 / 10:44 am (CNA/EWTN News).- One member of Congress is hoping for a “serious policy review” by the Trump administration of the United States’ relationship with Ethiopia, citing human rights abuses by the government there.

“To truly stop violence abroad, Ethiopia must stop violence at home,” Rep. Chris Smith, chair of the House subcommittee on Africa and global human rights, stated at a press conference outside the U.S. Capitol building on Wednesday.

“Since 2005, untold thousands of students have been jailed, have been shot during demonstrations or have simply disappeared in the last 11 years,” Smith stated Feb. 15. “Ethiopia’s next generation is being taught that the rights that democracy normally bestows on a country’s citizens don’t apply in their country.”

Smith and Rep. Mike Coffman (R-Colo.) introduced a House resolution (H. Res. 128) Wednesday “highlighting the crisis in Ethiopia due to government violations of the human rights of its citizens,” Smith stated.

“With this resolution, we are showing that the United States remains committed to universal respect for human rights, and that we will not tolerate continued abuse of those human rights by Ethiopian security forces,” Coffman said.

There has been a “steady erosion” of democracy in Ethiopia since 2005, the congressmen maintained.

Government dissidents have been jailed, citizens have been tortured and killed by the government’s security forces, and freedom of the press has been infringed upon. Ethnic groups have been the victims of violence perpetrated by the government.

Peaceful protests in the Oromia and Amhara regions of the country were met with hundreds of killings and tens of thousands of arrests by security forces in 2016, Human Rights Watch said in its recent report on the country. Citizens released from jail claimed they were tortured while in custody.

“Instead of addressing the numerous calls for reform in 2016, the Ethiopian government used excessive and unnecessary lethal force to suppress largely peaceful protests,” Felix Horne, senior Africa researcher at Human Rights Watch, stated in the report released in January.

One protest in the Oromia region resulted in the police using tear gas, rubber bullets, and rounds fired into the air to break it up, claiming that the crowd was getting out of hand. An ensuing stampede killed 50. The Inter-religious Council of Ethiopia, on which Catholic leaders sit, called for prayer and peace amid the protests and asked government leaders to listen to the people.

The recent protests in the Amhara region of the country have showed a sense of “identity” on the part of embattled citizens, and their “need to survive,” Tewodrose Tirfe of the Amhara Association of America, a refugee who came to the U.S. in 1982, noted.

“The U.S. and the West cannot sympathize with a government that kills people,” Seenaa Jimjimo, a human rights advocate who was born and grew up in Ethiopia, insisted in her statement at Wednesday’s press conference.

Amidst protests, a state of emergency was declared by the state in October and is “being used as a method to crack down even further on basic human freedoms,” Coffman said.

Thus, the resolution is the “first step by our representatives to let the Ethiopian government know that the U.S. policy is changing, that their continued human rights violations on innocent civilians will not be tolerated,” Tirfe stated.

“We invoke the Global Magnitsky Act,” Gregory Simpkins, staff director of the House subcommittee on Africa, said on Wednesday of the law which enables sanctions against specific “entities and persons who violate the human rights of people.”

Ethiopia has acted as a key ally in fighting international terrorism, Smith noted, but if it fails to protect human rights at home then extremism could fester within its own borders.

“What Congressman Smith and I are asking is for the Congress of the United States to join together and pass this resolution condemning the Ethopian government for its human rights abuses,” Coffman stated.

“And I think it’s important for all Americans to care about human rights to encourage their member of Congress to co-sponsor this resolution so that we can pass it in the Congress.”

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DIY execution? Arizona’s ‘bizarre’ new death penalty policy

February 15, 2017 CNA Daily News 0

Phoenix, Ariz., Feb 15, 2017 / 04:37 pm (CNA/EWTN News).- It’s an odd time for death in the United States.

 

While there is a new push for death via euthanasia or physician-assisted suicide, there is also a push against the death penalty in several states.

 

This movement against the death penalty has made it increasingly difficult for states to access the drugs required for lethal injections. In response to that difficulty, the state of Arizona’s Department of Corrections has unveiled a unique solution that would effectively allow lawyers to kill their own death row clients.

 

The new policy, among other things, contains a clause that allows for defense attorneys to obtain lethal drugs to execute their own clients. These drugs would be subject to approval by the department director.

 

However, these drugs are extremely difficult to come by legally. Current state execution protocol stipulates the use either of two barbiturates, pentobarbital or thiopental for lethal injection. Thiopental is no longer manufactured in the U.S., and is illegal to import, while manufacturers of pentobarbital refuse to provide the drug for executions.

 

The difficulty in acquiring these drugs has led to the experimental use of less-effective drugs, sometimes with gruesome results.

 

“This is a bizarre notion that calls for actions that are both illegal and impossible,” Dale Baich from the office of The Federal Public Defender in Arizona told Arizona Central.

 

“A prisoner or prisoner’s lawyer cannot legally obtain these drugs or legally transfer them to the Department. Under the federal Controlled Substances Act, we cannot imagine a way to obtain the drug. Those that obtain controlled substances illegally, go to prison.”

 

The unusual policy comes at a time when many states are reconsidering the death penalty, and at a time of significant decline in executions. Thirty death sentences were imposed in 2016, the lowest since the death penalty was reinstated in 1973. In 1996, death penalty sentences peaked at 315.

 

Leaders in the Catholic Church both in the United States and abroad have also been in front of the push to abolish the death penalty.

 

Pope Francis has spoken against the death penalty several times, including in his address to the United States Congress in 2015, when he called for the end of the death penalty “since every life is sacred, every human person is endowed with an inalienable dignity, and society can only benefit from the rehabilitation of those convicted of crimes,” he said.

 

He also called the death penalty “unacceptable, however grave the crime of the convicted person” in his message to the Sixth World Congress against the Death Penalty in 2016.

 

Many bishops have also been outspoken about their opposition to the death penalty. In Sept. 2016, as California considered a ballot measure that would end the death penalty, Archbishop Jose Gomez said, “It is time for us to end the death penalty – not only in California but throughout the United States and throughout the world.”

 

“In a culture of death, I believe mercy alone can be the only credible witness to the sanctity of life and the dignity of the human person.”

 

Bishop Francis DiLorenzo of Richmond and Bishop Michael F. Burbidge of Arlington, Virginia released a joint statement last month calling for the abolition of the death penalty in their state after an execution.

 

The Catechism of the Catholic Church teaches that the death penalty may be used “if this is the only possible way of effectively defending human lives against the unjust aggressor.” However, it adds, such cases today “are very rare, if not practically nonexistent.”

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Why we need a religious freedom move from Trump – and soon

February 15, 2017 CNA Daily News 0

Washington D.C., Feb 15, 2017 / 06:00 am (CNA/EWTN News).- President Donald Trump must sign an executive order with broad protections for religious freedom, or global consequences could soon follow, Catholic leaders insist.

To sign an executive order establishing broad religious freedom protections is “one of the most important things President Trump could do early in his administration,” said Dr. Jay Richards, a professor at the Busch School of Business at The Catholic University of America.

“This isn’t just a Christian issue,” he told CNA, but rather a “Constitutional issue.” Current threats to religious freedom could be “solidified” if no such executive order is signed soon.

President Trump recently announced that he would uphold a 2014 executive order from President Obama, barring federal contractors from engaging in practices deemed to be discriminatory against LGBT employees, with no religious exemptions attached for organizations that have religious objections to gay marriage or adoption.

Thus, religious groups might not be able to contract with the federal government if they publicly uphold traditional marriage, or if they refuse to hire someone who is openly in a same-sex relationship and does not abide by their code of conduct.

A coalition of religious leaders, including the then-president of Catholic Charities USA Fr. Larry Snyder, wrote President Obama in 2014, asking him for an exemption for religious organizations.

The order essentially elevated LGBT persons to a “protected class,” thus threatening employers who are religiously opposed to this lifestyle by withholding federal contracts or funding because of so-called “discrimination,” Richards explained.

Recently, a draft of another order which would establish broad conscience protections was leaked to the press, but that order has not been issued or signed. This draft was “just perfect,” Dr. Richards thought, because “it would undo a lot of the damage” wrought against religious freedom from the Obama administration.

That order wouldn’t just affect federal contractors, he explained, “but any entity that receives federal funding or is eligible for student loans.”

“So if something like this doesn’t happen, it would not be very long – in fact I would predict it would be probably within the year – that Christian and Catholic colleges would start being essentially coerced into accepting this kind of officially-mandated view on these transgender questions,” he said.

Obama-era regulations and rules would be enforced by government agencies. Schools and colleges could be “threatened with the revocation of student loan eligibility” if they religiously object to federal government mandates on marriage and sexuality.

Now, the U.S. Conference of Catholic Bishops is trying to gather signatures asking the president to sign a religious freedom executive order. They cite “unprecedented” threats to religious freedom to insist on the order’s importance.

“Religious freedom in America has suffered years of unprecedented erosion. President Trump can correct some of this within the executive branch,” a USCCB action alert stated.

Along with a religious exemption to the LGBT executive order for federal contractors, the petition asks for “relief” from the HHS contraception mandate for the Little Sisters of the Poor and for other employers that are suing the government over the mandate and its “accommodation.”

An order should also include protections for religious schools to publicly affirm their beliefs on marriage and keep their accreditation, the continuance of the tax-exempt status for religious organizations that support traditional marriage, and conscience protections for doctors and hospitals refusing to perform abortions, they said.

“Any Executive Order should make it clear that religious freedom entails more than the freedom to worship but also includes the ability to act on one’s beliefs. It should also protect individuals and families who run closely-held businesses in accordance with their faith to the greatest extent possible,” the bishops’ conference stated.

Regarding the freedom of Catholic charities to minister to undocumented immigrants without being threatened by federal authorities, Richards said “the language is not there explicitly” in the proposed order.

For grants to Catholic social services who serve refugees and immigrants, “it would shield Catholic entities doing that on religious grounds” and “would at least mean that Catholic ministries couldn’t be threatened with the revocation of their non-profit status or government grants, simply because they’re exercising their religious freedom.”

There are various threats to religious freedom today, Dr. Richards said, from mandates that public school students must have access to locker rooms and bathrooms of their self-identified gender identity to private business owners who face lawsuits and fines for declining to serve same-sex weddings out of conscience.

President Obama’s executive order “essentially federalized all these” threats to religious freedom, Richards said.

If nothing is done to protect religious freedom, any entity that receives federal funding could be cut off from it for failing to abide by certain government mandates. “I would expect these things to continue to happen,” he added.

 

[…]