Catholic san Francisco Northern California’s Weekly Catholic Newspaper
State Supreme Court Justices hear arguments in freedom of religion suit by Catholic entities By Patrick Joyce
(CNS PHOTO FROM REUTERS)
An attorney representing Catholic Charities told the California Supreme Court Tuesday that it is faced with deciding “a profoundly important issue” whether religious freedom is still a constitutional right or simply a “platitude.” The attorney, James Sweeney, told the court that the Catholic Church’s rights have been violated by a law requiring Catholic Charities, hospitals and universities to provide contraception coverage if their employee health plans include prescription drug coverage. The law forces Catholic organizations to act “in direct contradiction” of the Church’s teaching that contraception is “morally unacceptable,” Mr. Sweeney said at a court hearing in San Jose. In writing the law, he said that legislators created an exemption for religious organizations but they rejected “the Catholic worldview of ministry” and substituted their own definition of what is an “acceptable religious ministry.” In effect, he said, the Legislature created a definition of “the religion it likes.” The Women’s Contraceptive Equity Act or WCEA defines a religious organization as a nonprofit that is committed to inculcating its beliefs, and hires and serves primarily people of its own faith. Organizations such as Catholic Charities do not fit the definition because they hire and serve many nonCatholics. As a result they must follow the law’s contraception coverage requirements.
Followers of a radical Shiite cleric pray in front of a U.S. Army tank during the Islamic festival of Eid al-Fitr in the Baghdad, Iraq, suburb of Al Sadr Nov. 25. The Vatican's representative in Iraq has said a military withdrawal now would be the worst option. See Vatican Letter on Page 22. The Legislature may not consider “feeding the hungry” or searching out the dying on the streets of Calcutta as religious acts, Mr. Sweeney said, but the Catholic Church does. “We are a universal Church that reaches out to others,” he said. The legislature’s limited definition of religious organizations violates the religious freedom protections of both U.S. and California Constitutions, Mr. Sweeney said. “Churches are about message,” he said, and the law unconstitutionally compels Catholic Charities to violate the Church’s message by “promoting a practice its religion condemns” — the providing of contraceptive coverage in its health insurance plans. The
agency could avoid the requirement by dropping all prescription coverage from its health plans but that would violate its commitment to provide a just workplace, he said. Timothy Muscat, representing the California Attorney General, told the court that the law is constitutional and that it does not create “a substantial burden” to the rights of the Catholic Church. The law has two goals, Mr. Muscat said, that of promoting public health and ending “40 years of gender discrimination by the health insurance industry.” Until the law mandated contraceptive coverage, many health insurance plans did not provide it, he said. STATE SUPREME COURT, page 19
The season of Advent From a pastoral letter by St. Charles Borromeo, bishop Beloved, now is the acceptable time spoken of by the Spirit, the day of salvation, peace and reconciliation: the great season of Advent. This is the time eagerly awaited by the patriarchs and prophets, the time that holy Simeon rejoiced at last to see. This is the season that the Church has always celebrated with special solemnity. We too should always observe it with faith and love, offering praise and thanksgiving to the Father for the mercy and love he has shown us in this
mystery. In his infinite love for us, though we were sinners, he sent his only Son to free us from the tyranny of Satan, to summon us to heaven, to welcome us into its innermost recesses, to show us truth itself, to train us in right conduct, to plant within us the seeds of virtue, to enrich us with the treasures of his grace, and to make us children of God and heirs of eternal life. Each year, as the Church recalls this mystery, she urges us to renew the memory of the great love God
has shown us. This holy season teaches us that Christ’s coming was not only for the benefit of his contemporaries; his power has still to be communicated to us all. We shall share his power, if, through holy faith and the sacraments, we willingly accept the grace Christ earned for us, and live by that grace and in obedience to Christ. The Church asks us to understand that Christ, who SEASON OF ADVENT, page 19
INSIDE THIS WEEK’S EDITION Archbishop’s column . . . . . 3 Inspiring faith story . . . . . . 6 Investing for good . . . . . . 10 SPL Spring Schedule . . . . 13 High schools history . . 16-17
Second sunday of advent: December 7 December 5, 2003
Advent giving ideas
“Big Fish” review
Statement on marriage . . . 18
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No. 39