Skip to content
Catholic Online Logo

By Deacon Keith Fournier

5/23/2012 (2 years ago)

Catholic Online (www.catholic.org)

The Hinge of the Door of our future can swing either to totalitarianism or freedom.

'The Government seeks to require Plaintiffs - all Catholic entities - to violate their sincerely held religious beliefs by providing, paying for, and/or facilitating access to those products and services. American history and tradition, embodied in the First Amendment to the United States Constitution and the Religious Freedom Restoration Act ("RFRA"), safeguard religious entities from such overbearing and oppressive governmental action. Plaintiffs therefore seek relief in this Court to protect this most fundamental of American rights'.

Pray for Religious Freedom

Pray for Religious Freedom

Highlights

By Deacon Keith Fournier

Catholic Online (www.catholic.org)

5/23/2012 (2 years ago)

Published in U.S.

Keywords: Cardinal Timothy Dolan, Health and Human Services, U.S. Conference of Catholic Bishops, Jones Day, religious freedom. First Amendment, religious liberty, HHS, Franciscan University, Deacon Keith Fournier


NEW YORK, NY (Catholic Online) - In an action which will make US Church history and shape  Church State/ Constitutional Law for years to come, a 62 page Federal Court Complaint was filed by the Roman Catholic Archdiocese of New York and other Catholic institutions, Dioceses and organizations on Monday, May 21, 2012.

It was one of twelve lawsuits filed against the Federal Government of the United States. The Twelve Lawsuits were coordinated by the prestigious power house law firm of Jones Day and strategically filed throughout the United States. The complaints represent 43 dioceses, hospitals, schools and church agencies. They seek declaratory and injunctive relief. They also demand a jury trial.

The introductory paragraph of the complaint filed in the United States District Court for the Eastern District of New York, summarizes the fundamental legal issue, "This lawsuit is about one of America's most cherished freedoms: the freedom to practice one's religion without government interference. It is not about whether people have a right to abortion-inducing drugs, sterilization, and contraception. Those services are freely available in the United States, and nothing prevents the Government itself from making them more widely available."

"Here, however, the Government seeks to require Plaintiffs-all Catholic entities-to violate their sincerely held religious beliefs by providing, paying for, and/or facilitating access to those products and services. American history and tradition, embodied in the First Amendment to the United States Constitution and the Religious Freedom Restoration Act ("RFRA"), safeguard religious entities from such overbearing and oppressive governmental action. Plaintiffs therefore seek relief in this Court to protect this most fundamental of American rights."

As a constitutional lawyer, I can affirm that these are extraordinarily well drafted Federal Lawsuits. The New York Complaint can be read in its entirety here. I am further convinced that these lawsuits will be successful. The actions of this Administration are unconstitutional.

The complaints allege violations of the First Amendments' Establishment and Free Exercise Clauses as well as violations of the Religious Freedom and Restoration Act and the Administrative procedures Act. They ask the Courts for what is called a Declaratory Judgment.

In effect, the Plaintiffs ask the Federal Courts to declare that the questionable provisions of the Affordable Care Act and the HHS Mandate are unconstitutional and then to enjoin or prohibit the Government from enforcing those provisions of the Law and the regulations. They further ask for Attorneys fees and costs.

The President of the United States Conference of Catholic Bishops, Cardinal Timothy Dolan, said of the lawsuits, "We have tried negotiation with the Administration and legislation with the Congress - and we'll keep at it - but there's still no fix. Time is running out, and our valuable ministries and fundamental rights hang in the balance, so we have to resort to the courts now."

"Though the Conference is not a party to the lawsuits, we applaud this courageous action by so many individual dioceses, charities, hospitals and schools across the nation, in coordination with the law firm of Jones Day. It is also a compelling display of the unity of the Church in defense of religious liberty."

"It's also a great show of the diversity of the Church's ministries that serve the common good and that are jeopardized by the mandate - ministries to the poor, the sick, and the uneducated, to people of any faith or no faith at all."

As an alumni of Franciscan University of Steubenville, (1977) I was thrilled to see that wonderful College participating in these historic legal proceedings. I spoke to the President of Franciscan University, Fr Terrence Henry, TOR about the lawsuits. He  asked me, "Deacon Keith, who would have thought that we would be in a position to have to file a federal court lawsuit against our own government?"

Fr Terence continued, "We must end this unconstitutional coercion by Government officials. If we concede to this we will be in the situation of the Church in China which has to clear everything with the Government! We cannot and we will not back down. This fight is for future generations. We need a climate of freedom for the Church in this country."

I agreed wholeheartedly! I also encouraged this wonderful priest and College president in his heroic effort. He reminded me, "Deacon, I was history teacher. I am reminded today of the five volume set on World War II. One of the books was called "The Hinge of Fate". We are at a similar time in our own Nation. There is a hinge of history involved here. The Hinge of the Door of our future can swing either to totalitarianism or freedom. We must make sure - for future generations - that it swings to Freedom."

I told Father Terence - and I remind our readers - there is a silver lining in this cloud. This egregious HHS Mandate came one day after Pope Benedict XVI addressed a group of US Bishops during their visit. He warned them of the growth of radical secularism in the United States and the accompanying threats to the fundamental Right to Religious Freedom so integral to the American experiment. 

The HHS action has prompted a tide of resistance and a movement of solidarity which is strengthening the Catholic Church in America. She is rising up like a sleeping giant and being strengthened in adversity. Her response is also inspiring other Christians, other people of faith and all people of good will to defend America's First Freedom, religious freedom. This is one more example of how God, in His infinite mercy and love, can pull good even out of what it was intended for evil.

---


Pope Francis: end world hunger through 'Prayer and Action'


© 2014 - Distributed by THE NEWS CONSORTIUM

Pope Francis Prayer Intentions for December 2014
Christmas, hope for humanity:
That the birth of the Redeemer may bring peace and hope to all people of good will.
Parents: That parents may be true evangelizers, passing on to their children the precious gift of faith.



Comments


More U.S.

A journey to the land of the free: Part One -- Beaten and scared young children flee violence and turn to the United States for hope Watch

Image of Many young immigrants have no more fight in them when they decide to cross the border, they're only trying to survive.

By Abigail James (NEWS CONSORTIUM)

Blistered feet and filthy, blood-stained skin is the forlorn image of immigrants preparing to cross the border. With hopeful hearts and anxious minds, immigrants, of all ages, assemble to make the leap into their promise land. LOS ANGELES, CA (Catholic Online) - Most ... continue reading


The disgusting new fact of American life: More than 46 million Americans on food stamps for 37 straight month Watch

Image of Obama has been in office for about 70 months, and 37 of those months have seen the most amount of Americans on food stamps, ever!

By Matt Waterson (NEWS CONSORTIUM)

It is self-evident that President Obama continues to undermine the abilities of the lower class, enforcing government-reliance on those who can least afford it. The number of Americans on food stamps under Obama has continued along its record breaking path, as, ... continue reading


Faith in the United States' race relations hits a strikingly low point after no indictment verdicts Watch

Image of 57 percent of American's say race relations in the United States are bad, according to the latest NBC News/ Wall Street Journal poll.

By Abigail James (NEWS CONSORTIUM)

"Injustice anywhere is a threat to justice everywhere." Those are the words of Martin Luther King, Jr, a man who fought long and hard for a better today. LOS ANGELES, CA (Catholic Online) - A land where discrimination no longer prevails is a reality that seems no ... continue reading


The Pope, the Pets, the Paparazzi and the Propaganda Media

Image of Pope Francis pets a dog

By Deacon Keith A Fournier

The passing on of this complete fabrication, as well as the embellishment which accompanied it, were not simply a matter of the secular press failing to comprehend this Pope. In fact, religious news sources, both Catholic and Protestant, jumped in. This all ... continue reading


Why is he so upset? Because of the secret Republican time bomb in the government funding bill Watch

Image of The federal government has funding through the 2015 fiscal year, but Republicans will have many opportunities to fight the president's programs in that time.

By Matt Waterson (NEWS CONSORTIUM)

The Senate has approved a $1.1 trillion spending bill, aimed to fund nearly the whole of the federal government through the 2015 fiscal year, ending weeks of drama in Congress and relieving doubts that the government might be shut down again while Democrats and ... continue reading


You know about the 'Bishop of Bling' but do American clergy have the same problem too? Watch

Image of The Bishop of Bling was sacked after he spent $43 million renovating his home.

By Catholic Online (NEWS CONSORTIUM)

Pope Francis has called for "a Church which is poor and for the poor." However, not every member of the clergy may have read the memo. A number of high-ranking Church officials in the United States live in lavish homes, sometimes bordering on the scandalous. LOS ... continue reading


Water leak leads to discovery of 1795 time capsule - left by Paul Revere! Watch

Image of A worker holds the time capsule left by the revolutionaries.

By Catholic Online (NEWS CONSORTIUM)

Paul Revere, the fearless revolutionary who mounted his horse to declare that "The British are coming! The British are coming!" has left an enduring national legacy - in both deed and actions. Excitement is mounting with the discovery of a time capsule left by Revere ... continue reading


The Gender Identity Executive Order of President Obama is a Trojan Horse

Image of Most of us are familiar with the story of the Trojan Horse used by Greek soldiers to take the City of Troy. After a multi-year, unsuccessful effort to take the City, the Greeks pretended to retreat. However, Greek soldiers had left behind a large wooden horse. The Trojans found what they thought were spoils of battle, a large wooden horse. They decided to pull it into the City as a trophy of their victory. Hidden inside were an elite group of soldiers. As soon as the crowds gathered to celebrate the victory, they came out of the horse and destroyed the City from the inside.

By Deacon Keith A Fournier

To equate how one engages in sexual activities with a member of the same sex - or whether one has sexual attraction to a member of the same sex - with a properly protected status such as race, creed, gender or national origin, in the enforcement of federal ... continue reading


America's best hope for 2016 is an old face: Republican's need Romney to run Watch

Image of While Mitt Romney has not said he will run for president in 2016, those close to him suggest that he will, and he is confident that he can win.

By Matt Waterson (NEWS CONSORTIUM)

The Republican party is doing a great deal of soul searching ahead of the 2016 presidential election season. It's will be tough finding a candidate that appeals to the small but vocal Tea Party, the aging and reactionary ultraconservatives and the large and ... continue reading


Government shutdown averted! House passes $1.1 trillion bill just in time Watch

Image of The House of Representatives barely managed to avoid another government shutdown by passing a $1.1 trillion spending bill just hours before the deadline.

By Matt Waterson (NEWS CONSORTIUM)

On the verge of another government shutdown, the House managed to come in with a Hail Mary at the last minute, passing a $1.1 trillion bill on Thursday night, just hours before the deadline at midnight. More surprisingly, the rush to fund the government and ... continue reading


All U.S. News

Newsletters

Newsletter Sign Up icon

Stay up to date with the latest news, information, and special offers

Saint of the Day

Saint of the Day for December 18th, 2014 Image

St. Rufus
December 18: Rufus and Zosimus were citizens of Antioch (or perhaps Philippi) ... Read More

Inform, Inspire & Ignite Logo

Find Catholic Online on Facebook and get updates right in your live feed.

Become a fan of Catholic Online on Facebook


Follow Catholic Online on Twitter and get News and Product updates.

Follow us on Twitter