Worthwhile viewing Looking for a spiritual lift? ‘Choose’ this TV series, page 11. Serving the Church in Central and Southern Indiana Since 1960 CriterionOnline.com July 17, 2020 Vol. LX, No. 40 75¢ Court sides with Catholic schools in discrimination suit, rules in favor of Little Sisters in employer exemption WASHINGTON (CNS)—Two significant religious liberty victories occurred at the U.S. Supreme Court on July 8. On that day, the court reaffirmed the right of religious schools to be free from governmental intrusion in employment decisions, and ruled that the administration of President Donald J. Trump was free to give employers Justice Samuel Alito the ability to opt out of providing contraceptive, abortifacient and sterilization coverage in their health plans. The 7-2 schools ruling came in a combination of two cases: St. James School v. Biel and Our Lady of Guadalupe School v. Morrissey-Berrum, both involving schools in the Los Angeles Archdiocese. The 7-2 health care plan ruling likewise Providence Associate Priscilla Hutton speaks during a press conference on the morning of July 13 outside the Federal Correctional Complex in came in a combination of two cases: Terre Haute. Behind her, Providence Sister Paula Damiano holds a banner. (Photo by Natalie Hoefer) Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania and Trump v. Pennsylvania. It involved the order of women religious who care for the elderly poor. Bells toll, sharing the piercing news The schools ruling, written by Justice Samuel Alito, said: “What matters, at bottom, is what an employee does,” noting of the first federal execution in 17 years that, even though the elementary school teachers “were not given the title of By Natalie Hoefer execution in the nation, explained The decision was immediately appealed ‘minister,’ ” they still had been hired to help Providence Sister Paula Damiano. to the U.S. Supreme Court by the form the faith of the students in religious TERRE HAUTE—On the grounds of But that morning, “For the first time federal Department of Justice. schools. the Sisters of Providence of Saint Mary- in 17 years,” she said, “a sister tolled the At 2 a.m. on July 14, the Supreme “The religious education and of-the-Woods near Terre Haute, news of bells following [a] federal execution.” Court overturned the ruling. Lee was formation of students is the very the execution pierced the morning quiet The bells announced the 8:07 a.m. executed and pronounced dead six hours reason for the existence of most private on July 14. death of Daniel Lewis Lee. later, according to a Reuters report. religious schools, and therefore the The bells of the Church of the Less than 24 hours before, a In sharing her reaction with selection and supervision of the teachers Immaculate Conception toll after any temporary stay of all scheduled federal The Criterion, Sister Paula said the upon whom the schools rely to do this executions was announced by the sisters “believe that forgiveness is work lie at the core of their mission,” See related editorial, page 4, and U.S. District Court of the District of vital to faith. We are called to forgive Alito wrote. related Question Corner, page 9. Columbia due to evidence that the drug every day.” Dissenting votes were by Justices Ruth to be administered causes severe pain. See EXECUTION, page 7 Bader Ginsburg and Sonia Sotomayor. See COURT, page 2 A graduation surprise: $1,000 gifts for the ‘fortunate few’ By John Shaughnessy them the special gift—as a sign of their support for the senior class that Curt Gardner wanted to add a touch was impacted in so many ways by the of drama before the graduating seniors coronavirus during their final months learned which of their classmates of high school. would receive a special $1,000 “I would like each graduate to graduation gift. remove the envelope that is currently When the revelation came, it taped under your seat,” Gardner stunned the graduates—and nearly instructed the members of the Class of everyone else at the graduation See GRADUATION, page 7 ceremony of Father Michael Shawe Memorial Jr./Sr. High School in Jason Minnick, a senior at Father Michael Madison on June 21. Shawe Memorial Jr./Sr. High School in As the school’s principal, Gardner Madison, opens an envelope to see if he is told the 19 graduates that an one of the “fortunate few” of his graduating anonymous group of Shawe alumni class to receive a $1,000 gift from an wanted to give a “fortunate few” of anonymous alumni group. (Submitted photo) Page 2 The Criterion Friday, July 17, 2020 Berru, who had taught both fifth and COURT sixth grades since 1999, saying she had a Public Schedule of continued from page 1 problem keeping order in her classroom and Archbishop Charles C. Thompson meeting expectations under a new reading __________ Miami Archbishop Thomas G. Wenski, program. Morrissey-Berru sued, alleging chairman of the Committee for Religious age bias under the Age Discrimination in July 22-23, 2020 Liberty of the U.S. Conference of Employment Act of 1967. Catholic Bishops (USCCB), and Bishop In both cases, federal district courts July 22 – 2 p.m. CDT July 23 – 2 p.m. CDT Michael C. Barber of Oakland, Calif., ruled in favor of the schools, citing Installation of Belleville, Ill., bishop- Installation of Peoria, Ill., coadjutor chairman of the bishops’ Committee on ministerial exception. But two separate elect Michael G. McGovern at bishop-elect Louis Tylka at Cathedral Catholic Education, issued a statement panels of the U.S. Court of Appeals for Cathedral of Saint Peter in Belleville. of St. Mary of the Immaculate regarding the schools decision. the 9th Circuit reversed these decisions. Conception in Peoria. “Education is a The 2012 decision these schools central aspect of the were standing on is Hosanna-Tabor Church’s mission,” Evangelical Lutheran Church and School the bishops said. “As v. Equal Employment Opportunity The statement was issued by no longer steal our attention from our institutions carrying Commission, where a teacher at a Archbishop Wenski, and Archbishop calling.” out a ministry of the Lutheran school in Michigan said she Joseph F. Naumann of Kansas City, Kan., A recap of the sisters’ involvement Church, Catholic was fired for pursuing an employment chairman of the bishops’ Committee on in this case goes back to 2013 when schools have a right, discrimination claim based on a disability. Pro-Life Activities. religious groups and houses of worship recognized by the In that ruling, the court said The case examined if the expansion were granted a religious exemption by the Constitution, to select the ministerial exception to anti- of the conscience exemption from the Supreme Court from the government’s Archbishop people who will discrimination laws meant that religious Affordable Care Act’s contraceptive, mandate to include contraceptive, Thomas J. Wenski perform ministry. organizations couldn’t be sued for firing abortifacient and sterilization mandate abortifacient and sterilization coverage in The government an employee classified as a minister. violated the health care law and laws their employee health plans. has no authority to second-guess those Richard Garnett, law professor at governing federal administrative agencies. Three years later, religious nonprofit ministerial decisions.” the University of Notre Dame Law It highlighted—as it has before when groups challenged the requirement The Archdiocese of Indianapolis also School and director of the university’s the Affordable Care Act’s mandate has to comply with the mandate and the issued a statement on the ruling, saying Program on Church, State and Society, come before the high court—the Little court sent the cases back to the lower “We welcome the Supreme Court’s said at the time of the oral arguments Sisters of the Poor. The sisters were courts with instructions for the federal decision recognizing that Catholic schools that, even though these teachers were represented, as they have been previously, government and the challengers to try to must be free to make decisions about not giving theology instruction and were by Becket. work out an agreeable solution. those entrusted to educate and form not ordained clergy, “their role is, and The U.S. bishops said there had been Then in 2017, religious groups students in the Catholic faith. Catholic is understood as, a ministerial one, and “multiple opportunities for government were given further protection from the educators play a vital role in guiding their secular courts are not in a good position officials to do the right thing and exempt mandate through an executive order students, by word and deed, and passing to second-guess or override religious conscientious objectors. Time after time, issued by President Trump requiring the on the faith to future generations.” institutions’ decisions about their administrators and attorneys refused to U.S. Department of Health and Human The schools case examined if courts ministerial employees’ role.” respect the rights of the Little Sisters Services to write a comprehensive can hear employment discrimination He also said the cases were not, of the Poor, and the Catholic faith they exemption to benefit religious ministries, claims brought by teachers at Catholic “as some have complained, about a exemplify, to operate in accordance including the Little Sisters of the Poor, elementary schools. It involved supposed right of churches to ‘ignore’ with the truth about sex and the human from the contraceptive, abortifacient and California Catholic school