Can Academic Freedom in Faith-Based Colleges and Universities Survive During the Era of Obergefell?
CAN ACADEMIC FREEDOM IN FAITH-BASED COLLEGES AND UNIVERSITIES SURVIVE DURING THE ERA OF OBERGEFELL? Charles J. Russo† INTRODUCTION On August 15, 1990, Saint Pope John Paul II promulgated Ex Corde Ecclesiae (“Ex Corde”),1 literally, “From the Heart of the Church,” an apostolic constitution about Roman Catholic colleges and universities. By definition, apostolic constitutions address important matters concerning the universal Church.2 Ex Corde created a tempest in a teapot for academicians by requiring Roman Catholics who serve on faculties in theology, religious studies, and/or related departments in Catholic institutions of higher education to obtain a Mandatum, or mandate, from their local bishops, essentially a license certifying the faithfulness of their teaching and writing in terms of how they present the magisterial position of the Church.3 † B.A., 1972, St. John’s University; M. Div., 1978, Seminary of the Immaculate Conception; J.D., 1983, St. John’s University; Ed.D., 1989, St. John’s University; Panzer Chair in Education and Adjunct Professor of Law, University of Dayton (U.D.). I extend my appreciation to Dr. Paul Babie, D. Phil., Professor of Law and Legal Theory, Adelaide Law School, The University of Adelaide, Australia; Dr. Suzanne E. Eckes, Professor, Professor, Department of Teacher Leadership and Policy Studies, Indiana University; Dr. Ralph Sharp, Associate Professor Emeritus, East Central University, Ada, Oklahoma; William E. Thro, General Counsel and Adjunct Professor of Law, University of Kentucky; and Professor Lynn D. Wardle, Bruce C. Hafen Professor of Law, J. Reuben Clark Law School, Brigham Young University, Provo, Utah, for their useful comments on drafts of the manuscript.
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