SCOTUS unanimous decision upholding religious liberty, “ministerial exception”

My mind returns to the moment in Pres. Obama’s State of the Union Address when he chose to scold the Justices of the Supreme Court of the United States, while they sat and, from decorum and custom, could do nothing to respond.
SCOTUS Supreme Court of the United States

For those of you who are closely following the presidential campaigns, I would remind you of a major point of consideration apart from jobs and the economy:

JUDGES.

On the site of the NYT we find some good news for a change concerning the US Supreme Court and religious liberty:

Justices Grant Leeway to Churches in Job Bias Laws
By ADAM LIPTAK
Published: January 11, 2012

WASHINGTON — In a major religious liberty decision, the Supreme Court for the first time recognized a “ministerial exception” to employment discrimination laws, saying that churches and other religious groups must be free to choose their leaders without government interference.

“The interest of society in the enforcement of employment discrimination statutes is undoubtedly important,” Chief Justice John G. Roberts Jr. wrote for a unanimous court. [UNANIMOUS!] “But so too is the interest of religious groups in choosing who will preach their beliefs, teach their faith, and carry out their mission.”

The decision gave only limited guidance about how courts should decide who counts as a minister, saying the court was “reluctant to adopt a rigid formula.” Two concurring opinions offered contrasting proposals.  [This is important.  There are shifting tides and sand bars in the matter of how civil courts adjudicate in matters that also concern canon law.  Generally courts don’t want to get involved with internal matters, but times and judicial practices shift around over time.  Card. Burke has done us a real service in sponsoring workshops for canonists and civil lawyers on the interplay of both kinds of law.]

The case, Hosanna-Tabor Church v. Equal Employment Opportunity Commission, No. 10-553, was brought by Cheryl Perich, who had been a teacher at a school in Redford, Mich., that was part of the Lutheran-Church Missouri Synod, the second largest Lutheran denomination in the United States. Ms. Perich said she was fired for pursuing an employment-discrimination claim based on a disability, narcolepsy.

Ms. Perich had taught mostly secular subjects but also taught religion classes and attended chapel with her class.

“It is true that her religious duties consumed only 45 minutes of each workday,” Chief Justice Roberts wrote, “and that the rest of her day was devoted to teaching secular subjects.”

The issue before us, however, is not one that can be resolved with a stopwatch,” he wrote. [NB.]

Instead, the court looked to several factors. Ms. Perich was a “called” teacher who had completed religious training and whom the school considered a minister. She was fired, the school said, for violating religious doctrine by pursuing litigation rather than trying to resolve her dispute within the church.

Chief Justice Roberts devoted several pages of his opinion to a history of religious freedom in Britain and the United States, concluding that an animating principle behind the First Amendment’s religious liberty clauses was to prohibit government interference in the internal affairs of religious groups generally and in their selection of their leaders in particular.

“The Establishment Clause prevents the government from appointing ministers,” he wrote, “and the Free Exercise Clause prevents it from interfering with the freedom of religious groups to select their own.”

[ENTER STAGE LEFT…] The Obama administration had told the justices that their analysis of Ms. Perich’s case should be essentially the same whether she had been employed by a church, a labor union, a social club or any other groups with free-association rights under the First Amendment. That position received withering criticism when the case was argued in October, and it was soundly rejected in Wednesday’s decision. [The best news I have heard in a while.  The Obama administration is trying to undermine religious liberty.  They are pushing “freedom of worship” rather than “freedom of religion”.]

“That result is hard to square with the text of the First Amendment itself, which gives special solicitude to the rights of religious organizations,” Chief Justice Roberts wrote. “We cannot accept the remarkable view that the religion clauses have nothing to say about a religious organization’s freedom to select its own ministers.[Do I hear an “Amen!” brothers and sisters?]

Requiring Ms. Perich to be reinstated “would have plainly violated the church’s freedom,” Chief Justice Roberts wrote. And so would awarding her and her lawyers money, he went on, as that “would operate as a penalty on the church for terminating an unwanted minister.”

Unanimous decision.

I repeat.

Unanimous decision.

Remember this?

[wp_youtube]NeTuWbXi5dY[/wp_youtube]

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A bishop promotes the Sacrament of Penance

“But Father! But Father!”, I read in my email, “You are always telling us to go to confession but around here priests don’t hear confessions very often if at all!  What are we supposed to do?”

Thus, I read of the plight of many in regard to their eternal salvation, and I am filled with dread for the souls of the priests who have the care of souls but who don’t hear confessions.  They will pay a heavier price at their judgment than those in the charge who die unshriven.

Therefore, I was glad to read on the site of the UK’s best Catholic weekly, The Catholic Herald, that a bishop has stepped up and is doing something to revive the Sacrament of Penance:

Bishop asks for hour of Confession every week in Lent

By Madeleine Teahan

The Bishop of Lancaster has launched a Lenten initiative to encourage Catholics to return to Confession.

Bishop Michael Campbell has written to all Catholic schools and parishes to announce the introduction of a co-ordinated weekly Confession on the same day, at the same hour in every church across the diocese. [Do I hear an “Amen!”?]
From February 29 until the Wednesday of Holy Week, every Catholic church in the Diocese of Lancaster will be open from 7pm until 8pm in order for the faithful to go to Confession.

Bishop Campbell said: “During the Lenten season we will invite those who seek to strengthen their relationship with the Lord to join us in this celebration of the Sacrament of Reconciliation. Our priests are here to welcome you home, to pray with you, to be of service in the name of Jesus Christ, who offers all of us forgiveness for our sins and the gift of His mercy and love.

“Confession gives us the chance to start over, to hit the ‘reset’ button of our lives. It shows how forgiving and compassionate our God is and it helps us to grow in concern and love for others. Come to Confession this Lent and receive God’s mercy, for peace of mind and to deepen your friendship with Jesus, to receive spiritual healing and to increase your sense of joy and to experience Christ’s saving grace.”

Responding to the concern that many people feel too unworthy to return to Confession, the Bishop of Lancaster said: “God’s love for you is greater than all the sins you’ve committed or could ever commit. Now is the time to come and have God take away the burdens of guilt that can often weigh us down. If you’ve been waiting for a sign to return to the Church or to the Sacrament of Reconciliation, this is your chance to re-establish and strengthen a relationship with God that will last forever”.

A statement from the diocese explains that the “Light is On” programme is a preliminary to the forthcoming Year of Faith, announced by Pope Benedict XVI, which begins in October.

WDTPRS kudos to Bp. Campbell of Lancaster.

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New ceremony for the creation of cardinals

Francois BruneryMy old mentor Msgr. Schuler used to ask the unwary: “What’s the difference between a priest and a monsignor? … None. But often the monsignor doesn’t know it.”

To be made a cardinal of Holy Church brings with the office some perks, but it doesn’t make a man more than what he was.  That said, according to the will of the Legislator, men who are not bishops who are “created” cardinals are to receive episcopal consecration, unless they are dispensed.  Jesuits, for example, usually ask for the dispensation.

From CNA:

Pope approves reformed ceremony for creating cardinals

Vatican City, Jan 10, 2012 / 03:27 pm (CNA/EWTN News).- When Pope Benedict XVI creates 22 new cardinals next month, he will use a revised and simplified version of the ceremony to avoid any impression that becoming a cardinal is a sacrament.“The creation of new cardinals had to be inserted into a context of prayer, while at the same time avoiding anything that could give rise to the idea of a ‘cardinalatial Sacrament,’” the Office of Liturgical Celebrations of the Supreme Pontiff said Jan. 10.

“Historically speaking, in fact, consistories have never been considered as a liturgical rite but as a meeting of the Pope with cardinals as part of the governance of the Church.” [And if they had not screwed around with the ceremony, it wouldn’t be necessary today to make it seem not to be a sacrament.]

The chief modification to the ceremony that will take place in Rome on Feb. 18 is that three phases will now be combined into one: the imposition of the biretta, the consignment of the ring and the assignation of each cardinal’s new title.

The Office of Liturgical Celebrations explained that prior to reforms instituted by Pope Paul VI in 1969, the imposition of the red hat took place during a public consistory while the ring and title were conferred in a secret consistory that took place later.

However, now that the distinction between the public and secret consistory no longer exists, it was deemed “coherent” to being the three phases together into a single rite.

The proclamation of Sacred Scripture will also take a shorter form, with a single Gospel reading – Mark 10:32-45 – but no first reading.

Finally, the collect and concluding prayers will also be those originally approved by Pope Paul VI in 1969. [Just about everything cobbled together during that Pontificate was forced into the same structure, with reading, intercessions, etc.  It is no surprise that some people might get the idea that being created a cardinal was sacramental.]

[…]

Despite the changes to the installation ceremony that will take place on the Saturday, the Pope will still celebrate Mass with the new cardinals on Sunday, in keeping with tradition.

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QUAERITUR: Doctor’s orders legit reason to miss Sunday Mass?

Mass obligationFrom a reader:

Thank you for your ministry, your constant words of encouragement, and your prayers.

I have a question about Mass obligations. I recently (11 days ago) gave birth to a slightly premature but otherwise healthy baby boy. The doctor has told me that for his health I should avoid public places with many people for a minimum of two months. As I am nursing, it is not practical for me to attend Mass without said bambino.

The question I have is this: Can I attend daily Mass, which has far fewer people and germs, while not attending Sunday Mass because of the large number of people and germs present? Does this count as a legitimate reason to miss Mass?

If it is sure that many people are around and there is a serious concern, that is a legitimate reason not to attend Mass on Sunday or the evening before (cf. can 1248).

Also, the 1983 Code of Canon Law, in can. 1245 gives to pastors (in England “the parish priest”) the right to grant a dispensation from the obligation in individual cases or else he can commute the obligation into other pious works.

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Veils, ciboria, baldachins, and the Eucharist.

ciboriumA priest acquaintance, Fr. Bede Rowe, has on his interesting blog A Chaplain Abroad, an entry about a veil for a ciborium.

A ciborium is a sacred vessel which resembles a chalice but with a cover used for hosts to be consecrated and consecrated Hosts to be reserved in the tabernacle for distribution.

Since a ciborium is a sacred vessel, it ought to be consecrated, like the hands of the priest who carry them.

ciboriumCiborium is also an feature of a sanctuary of a church, the canopy on columns over an altar.  It is also called a baldachin.

The sign that the Eucharist is present is first and foremost the veil.  The baldachin is the veil over the altar.  There should be a veil over the tabernacle when the Eucharist is present.  When the Eucharist is carried away from the altar, expect for distribution to the faithful, a canopy or ombrellino is used.

Think of it this way.  In the Old Testament, when God descended on the mountain or the tent to speak with Moses, the place was engulfed by a cloud into which Moses had to enter.  This was a manifestation of God’s divine attribute of glory.  The veil on sacred vessels hearkens to this glorious cloud.

The ciborium, even in the tabernacle, ought to have a veil over it.  I have noted that in many parish tabernacles, ciboria don’t have veils.

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Dr. Peters on the diverging view of two dioceses in the matter of RealCatholicTV

The Canonical Defender Prof. Peters has posted some thoughts and response regarding the seemingly divergent approaches of the Archdiocese of Detroit and the Diocese of Diocese Wayne-South Bend in the matter of Michael Voris and RealCatholicTV. HERE.

Prof. Peters doesn’t have a combox.  Here is the first part of his longish post, which you can read there:

Some thoughts on the ‘jurisdiction’ question in the AOD – Voris/RCTV matter
January 9, 2012

Part One

Further to the “jurisdiction” questions being raised about two public statements made by the Archdiocese of Detroit concerning Michael Voris and Real Catholic TV, and with the same provisos in place regarding my earlier posts (here and here) on this matter, it seems to me that some people (a) are unaware that I addressed this question in my earlier blogs; or (b) know of my answer but don’t follow the point I made; or (c) know of and understand my answer, but disagree with it.

Group A, of course, I may simply refer to my original post.

For Group B, perhaps I can rephrase things this way: every time someone asks what “jurisdiction” the AOD has over Voris/RCTV to make the statements it made, they imply, without stating, that the AOD needs “jurisdiction” (however that is to be understood) in order to make the statements it has made. I reject that unstated assumption: the AOD does not need “jurisdiction” over Voris/RCTV in order to make the public statements it has made, most recently, that it “does not regard [Voris/RCTV] as being authorized to use the word ‘Catholic’ to identify or promote their public activities.” Indeed, as declarations of fact, the statements could have been made by anyone with adequate knowledge of the situation; had those persons direct responsibility for the welfare of the Church in their area, their statements would carry all the more weight. In any case, given that Voris resides there and that RCTV programming is produced there, coupled with the fact that AOD is frequently asked about Voris/RCTV, the right of the AOD to make the statements on them, is obvious, I think—this, without any need to find and prove “jurisdiction”.

Group C offers several variations on a theme, but I’ll address them jointly.

[…]

The rest is available over there.  Free free to discuss, after actually reading what he has to say.

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Another Vatican Goat Rodeo

Goat RodeoFrom Catholic World News:

Another Vatican PR blunder: cardinals’ bios from Wikipedia

In another embarrassing public-relations gaffe, when Pope Benedict XVI named 22 new cardinals, the Vatican released short biographies of the prelates that had been taken verbatim from Wikipedia without attribution.

Father Federico Lombardi, the director of the Vatican press office, acknowledged that the posting of the Wikipedia biographies on the Vatican’s Italian-language web page had been a mistake, which he attributed to haste. The “unofficial” biographies were subsequently replaced by the Vatican’s own “official” biographies, he said.

The Wikipedia biographies that were temporarily posted on the Vatican’s site included some odd comments, describing some of the newly named cardinals as “conservative” insofar as they upheld normal Church teachings, and identifying them as “Catholic” archbishops.

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QUAERITUR: What to do about bad homilies?

A reader writes asking about “bad homilies”:

Every once in a while, you get a real clunker, one that isn’t just theologically weak, but turns what should be a feast into over microwaved junk. What is the proper response?

You want to know what to do?

Get down on your knees and pray for the priest who gave it.

Fast.

Do penance for his intention.

Be happy you have a priest when many – many – don’t.

That is what you do.

And if there is some occasion to offer him positive encouragement, feedback, do so, with a cordial aspect and kindness.

And consider kissing the hand of the priest who consecrates the Eucharist, forgives your sins, and with anointing imparts even remission of temporal punishment due to sin when you are about to die.

After that, you want to know what to do?

Get down on your knees and pray for more priests. Pray for all priests and bishops and seminarians too. Pray for young men to answer a vocation to the priesthood.

Fast more.

Do more penance for these men and for vocations.

And remember how happy you are to have a priest when many – many – don’t.

That’s what you do.

UPDATE 10 Jan 0015 GMT:

Thanks to Fr. Blake for the kind words.  He makes a good point: Only Christ is Christ.

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Archd. Detroit, Michael Voris and RealCatholicTV – a development

There is a development in the case of the Archdiocese of Detroit v the use of “Catholic” by Real Catholic TV and Michael Voris.

You will recall that the Archdiocese has required Mr. Voris and Real Catholic TV not to use the word “Catholic” in the name of their venture. On the other hand, Mr. Voris and Real Catholic TV think the Archdiocese doesn’t have the proper standing to make such a requirement.  Real Catholic TV seems to have more to do with the Diocese of Fort Wayne-South Bend than it does with the Archdiocese of Detroit. We have several posts here on this blog, including some commentary by the canonist Prof. Peters.

Today I read at Life Site News this following with my emphases:

Archdiocesan canon lawyers differ on asking RealCatholicTV.com to drop ‘Catholic’ name

by John-Henry Westen

January 9, 2012 (LifeSiteNews.com) – Canon lawyers at two American dioceses disagree over the question of jurisdiction in the case of Michael Voris and RealCatholicTV, who were recently asked by the Archdiocese of Detroit to stop using the name “Catholic” in their work.

[…]While the questions asked by most pertain to why the action was taken, the issue being discussed by canon lawyers is where jurisdiction over RealCatholicTV.com lies – with the Archdiocese of Detroit, where Michael Voris, the star of the show, lives and works, or in the Diocese of Fort Wayne-South Bend, where the owner and financier of RealCatholicTV.com, Marc Brammer, resides.

Fr. Mark Gurtner, Judicial Vicar of the Diocese of Fort Wayne-South Bend in Indiana spoke with LifeSiteNews, acknowledging that the diocese did know of Mr. Brammer’s enterprise of RealCatholicTV.com. When asked if the diocese had any complaints about RealCatholicTV.com, Gurner replied, “No, as far as I know there’s nothing.”

Speaking as a canon lawyer and not an official of the diocese, Gurtner also said he believes the jurisdiction of the case resides with the Indiana diocese. “It certainly seems to me that canonically Michael Voris would not be the one that this would be imposed on,” he said. “Even though he is the one that regularly appears on (the show) he, in a sense, is really just an employee of (RealCatholicTV.com).”

“It seems like if the Archdiocese of Detroit is trying to go after (Voris), that’s the wrong person to address this with, that would have to be with the owner of the website or blog,” he added.

“I suppose if this Marc Brammer is paying for and running, constructing his blog from our diocese in his home I suppose you could make the argument that we have jurisdiction canonically.”

When asked by LifeSiteNews what concerns the Detroit Archdiocese had about Voris and RealCatholicTV.com, Detroit Archdiocesan Director of Communications McGrath would not specify any concern other than the use of the word ‘Catholic’.

Asked if the archdiocese has asked any other group or individual in the archdiocese not to use the name Catholic, McGrath said he couldn’t remember any other cases during his 20 years with the diocese. “I don’t know. I’ve been here 20 years I can’t say that we’ve never done that in the history of the Archdiocese,” he said.

Pressed on the point, he said, “I wouldn’t want to say that definitively. But not any that I can recall recently, no.”

Fans of RealCatholicTV have noted that there are entities in the archdiocese, such as the Jesuit University of Detroit Mercy (UDM), which bills itself as “a Catholic university,” that regularly violate Catholic teaching but have been permitted to retain their “Catholic” designation without interference from the diocese. UDM has proposed abortion agencies as career opportunities for students; had links to pro-abortion groups on its website; retained a renowned pro-abortion, pro-same-sex “marriage” nun on its Board of Trustees; held an annual event called ‘sexapalooza’ with activities such as ‘safe sex games’, sex-tac-toe; and has professors that put stickers on their office doors indicating their support for abortion.

Regarding the question of jurisdiction, McGrath directed LifeSiteNews to a blog post by canon lawyer Ed Peters, an employee of the archdiocese, who has supported the archdiocese’s claims of having jurisdiction in the case.

In an initial blog post Peters, a professor at the archdiocesan seminary, wrote, in his capacity as a canon lawyer and not as a representative of the diocese, about canon law 216, noting that the bishop has authority over the name Catholic. In a subsequent post, Peters took up the matter of jurisdiction, suggesting that Detroit is on “firm ground” in pursuing Voris.

So!  The plot thickens.

On the site of RealCatholicTV we find this statement from Mr. Voris:

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QUAERITUR: Light One Up – Incense, Thuribles, and You.

incenseFrom a reader:

I am writing to ask you about the proper provision for incense at Holy Mass. Can you or your readers recommend a way to ensure a plentiful supply of incense smoke from a thurible at Mass, and to avoid the “invisible smoke” effect? I am of the belief that one cannot have too much incense! Thank you!

Some of you long-time readers may remember the “Wake Up And Smell The Incense” post from 2007.  Click HERE.

Apart from our interest in liturgical decorum, with the cost of incense going up, this is a real concern. We want good smoke and we want to avoid waste.

First, make sure your coals are hot enough. That means starting them ahead so that they have enough time to get nice and hot. If you light those little self-lighting cake thingies just before Mass is about to start, you run the risk of melting the resin of the incense rather than burning it. No smoke and wasteful.

You can speed the process by blowing, of course, or using a hair-drier (which is noisy) or, if the chain is strong and the person mature and competent doing the windmill thing with the thurible.  Fun with an element of danger.  What could go wrong?

(By the way, thurible, comes from Latin thus, thuris or tus, turis, “incense”.)

Second, coals need oxygen. When the thurible is not in use, keep the cover open, up. Let the coals get air. That also keeps the cover cool so Father doesn’t fry his hand. When a thurifer is standing, holding the censer suspended, he should swing is gently, like a pendulum to keep air moving on the coals.

Third, before putting incense on the coals in the thurible, use the spoon to tap off some of the ash built up around the hot core of the coal. Then put in your incense.

Fourth, when using the censer, move it adequately with broad enough gestures that you move the smoke from out the cover.

Fifth, whoever is in charge of the sacristy and the thurifer himself has to keep an eye on the coals. If they are exhausted, or will be soon, do something! Add more or change it out in adequate time so that they will be hot enough when needed. Think ahead! The MC or sacristan may need to remind a thurifer in the case of special occasions, as when there is a procession at the end of Mass or if there is a funeral, etc.

Sixth: Depending on the composition of the incense, it could be a good idea to have a mortal and pestle or a small electric coffee grinder in the sacristy to bust up the big chunks that won’t easily burn.

I am sure some experienced priests and servers will have other smokey tips.

Anecdote: At my church in Italy where I was rector, I occasionally got coals from a bakery with a wood oven on the edge of the piazza. Real wood coals, charcoal! When I put the incense on those… PHOPF!… it went up immediately. There was no waste and they stayed hot and useful.

And then there’s this:

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Okay, just one more.

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