Why the ICC likely won’t charge pope over Catholic Church sex abuses

An attempt to prosecute Pope Benedict XVI in the International Criminal Court (ICC) for clerical sexual abuse around the globe faces daunting legal obstacles that make it unlikely the case will be heard, but will nonetheless put the Vatican’s role in the abuse under new public scrutiny.

The complaint, filed Tuesday by the Survivors Network of those Abused by Priests (SNAP) through its attorneys from the Center for Constitutional Rights (CCR), charges that “Vatican officials tolerate and enable the systematic and widespread concealing of rape and child sex crimes throughout the world.”

SNAP President Barbara Blaine said in a press statement: “SNAP wants to prevent even one more child from being raped or sexually assaulted by a priest and we hope that victims around the world will know today that they are not alone and that it is safe to speak up and report their abuse. We as victims are mobilizing across the globe, and every survivor is invited to join us.”

In a statement to the Associated Press, the Vatican described the move as a “ludicrous publicity stunt and a misuse of international judicial processes.”
A high legal bar

The challenge for SNAP and the CCR will be to show that the ICC has jurisdiction over the case. Created by, but operating independently of, the United Nations, the ICC was founded in 1998 for the purpose of trying individuals for war crimes such as genocide and crimes against humanity.

Experts say the matter of the Roman Catholic Church’s responsibility for cases of child abuse is outside the remit of the ICC. “It’s a publicity stunt, it’s nothing more,” says British attorney Neil Addison, author of legal textbooks including Religious Discrimination and Hatred Law.

“The ICC is supposed to exist for situations of war crime and where there isn’t a legal remedy within the country where the offenses took place. [But] all the child abuse that took place within Ireland took place under the jurisdiction of the Irish courts, the same for the US, and so on,” Mr. Addison says.

“In simple terms, to get a prosecution before the ICC you need to show that what happened was part of a ‘widespread and significant attack directed against any civilian population.’ The ICC is not designed for dealing with normal criminality,” he says.

But the CCR claims that its case against the Vatican authorities is in keeping with the court’s purview.

“We have looked at findings from all over the world and feel it fits the criteria for the court,” says Pamela Spees, a senior staff attorney with the CCR. “If nobody ever demands it then it will never happen, it’s certainly not going to happen on its own.”

The CCR says it has provided 22,000 pages of documentation alongside its filing with the court, including copies of judicial reports from Ireland and Canada, grand juries in the US, and depositions.

“We’re not simply talking about a situation where they kept [child abuse] silent – which is bad enough – they knew the sexual violence would continue when shift these guys [accused priests] around,” she said.

Full Article HERE!

Are gay-straight alliances contrary to Catholic teaching?

The next time a news story surfaces on the subject of gay-straight alliances (GSAs) in Catholic schools, see if the following formula applies.

First, some students attempt to establish a GSA (or run some event as a GSA). School officials judge the group or event to be contrary to Catholic teaching, although they arrange some compromise (i.e. naming groups “anti-bullying” instead) so that service to students fits with Catholic teaching. Nonetheless, the GSA members find this decision illogical, and are sufficiently frustrated that they contact the media.

The story finally ends at an impasse: Church teaching on homosexuality is unchangeable, while the students remain steadfast in their initiative to provide a safe space at school for lesbian, gay, bisexual, transgendered and queer (LGBTQ) students.

At this point two questions arise:

1) Is establishing a GSA really contrary to Catholic teaching?

2) If LGBTQ students wish to have a GSA, why don’t they simply leave the Catholic school and enrol at the secular school, where GSAs are supported?

The answers to both these questions bring forth some new considerations that Catholic school officials and students should take seriously if they wish to keep their conversations from hitting an impasse.

The subject of GSAs being contrary to Catholic teaching raises the fact that the Catholic Church loves LGBTQ persons, but disapproves of non-heterosexual acts. If Catholic schools are unwilling to sponsor GSAs on this basis, then one must ask whether GSAs really promote sexual acts. If they did, they would certainly be contrary to church teaching. But these groups limit their scope to promoting peace and safety, providing emotional support, and resisting homophobia and bullying in the name of justice, all of which are in agreement with Catholic teachings on love and human dignity. Being LGBTQ is apparently not a problem in some Catholic schools, but organizing LGBTQ groups is.

So it appears that in some cases there is reluctance to admit the presence of LGBTQ persons because it would send a message that the school also approves of sex acts that are contrary to Catholic teaching. Instead, they are hidden under the heading “anti-bullying” (as is the case in Halton Catholic schools).

In these cases, probably the best argument that the pro-GSA students have at their disposal is to point to inconsistencies between their treatment and the way the school serves students who are pregnant and unmarried parents. The Catholic Church also disapproves of heterosexual acts outside marriage, but currently unmarried students who are pregnant or have children are openly welcomed in Catholic schools, and sometimes are even placed in programs specifically designed for them.

Their public presence is not denied, and any suggestion that the school approves of their sexual activity outside marriage is remarkably absent from public discussion. Priority is instead properly placed on helping these students and their children. Students who are hoping to establish GSAs might ask why their social and political effort to reduce homophobia and bullying fails, but a solidly Catholic reason exists to serve students who have (or are having) children outside marriage.

On the other hand, one could ask why students continue to press unsuccessfully for a GSA in a Catholic school when they could simply enrol instead at a secular school. For most of these students, such a step is simply too drastic. The Catholic school is their community of friends. They desire and deserve Catholic schooling just as much as their heterosexual neighbours and leaving the school is simply not an option. For those students who are Catholic and L, G, B, T or Q, this issue therefore raises serious questions about how they see themselves in the church, and how the church and school see them.

But repeating church teaching to LGBTQ students looking for a mature engagement with their church is insufficient, and is bound to return to the impasse of frustration. Intellectual freedom requires that students who are interested should be introduced to Catholic thinkers who offer reasonable criticisms of church teaching.

Many in the church will not agree with this suggestion, but in addition to working for peace, emotional well-being and justice, Catholic schools also have an obligation to help all LGBTQ students understand themselves in the church. Perhaps a GSA is just the intellectual and social environment that can encompass all these needs.

Full Article HERE!

Catholic Church blamed for homophobia in Poland

New leaked WikiLeaks documents have revealed that the United States government is worried about the Catholic Church fomenting homophobia in Poland.

LifeSite News has reported that the cables, from the US embassy in Warsaw, cite the Church as “central” in the promotion of homophobia in the European country.

“The Catholic Church plays a significant role in the formation and propagation of anti-gay attitudes in Polish society, especially in rural areas,” states one cable from August 2009.

Poland has a population similar to Canada’s, and more than 85 percent of citizens are members of the Catholic Church.

This is not the first time the country has been in the news for homophobia; in 2006 then-Prime Minister Jaroslaw Kaczynsky was publicly rebuked by the European Parliament over the Polish government’s homophobic tendencies.

At that time the rightwing League of Polish Families party was part of the government. Members of the party have previously attacked those marching in feminist and queer parades in Poland.

Pride marches were illegal in Poland until 2007, when the European Court of Human Rights ruled that banning parades violates the right to freedom of assembly and association.

Warsaw, the country’s capital, played host to EuroPride in 2010, the first time the event was held in Eastern or Central Europe.

At the time the BBC reported that eggs were hurled at marchers and a petition with more than 50,000 signatures was submitted on behalf of anti-gay organizations calling for the cancellation of the event.

The most recent WikiLeaks dump also revealed that US ambassadors in Sierra Leone have been looking at ways to temper African attitudes toward gays and lesbians.

Full Article HERE!

Advice for new archbishop: Real Catholic agenda is way broader than abortion

COMMENTARY

WHEN POPE Benedict XVI transferred Archbishop Charles Chaput from Denver to Philadelphia, one of the nation’s most prominent Catholic archdioceses, the appointment captured the attention of faithful Catholics, the media and undoubtedly a few nervous elected officials.

The archbishop has earned a reputation as one of the church’s most outspoken conservatives. During the 2004 presidential race, he warned Catholics they would be “cooperating in evil” if they voted for Democrat John Kerry, a devout Catholic who does not favor criminalizing abortion but whose positions on support for pregnant women, immigration reform, nuclear disarmament and other issues align with Catholic teaching. The archbishop has also scolded the University of Notre Dame for honoring President Obama and, in contrast to most of his fellow bishops, insists that Catholic politicians who depart from church teaching on abortion should be denied communion.

Chaput’s appointment is likely to have national implications in the 2012 election. As the presidential campaign gains momentum, Pennsylvania Catholics will again be aggressively courted as swing voters in this battleground state. GOP presidential candidates Rick Perry, Michele Bachmann and Rick Santorum are staunch Christian conservatives. “Values voters” are back in the news. If history is any guide, Catholic voters in Pennsylvania will be key to who wins the White House.

Despite the media fixation on the religious right, the Public Religion Research Institute and other experts on faith in politics consistently find that most religious voters reject a culture-war approach to politics and instead embrace a broad spectrum of values – protecting the poor from budget cuts, passing immigration reform, expanding health care to all Americans and building a moral economy.

A disproportionate focus on criticizing politicians who do not accept that criminalizing abortion is the only way to solve this terrible problem gives the false impression that the Catholic Church is a religious wing of the Republican Party. Elected officials who support the death penalty, demonize immigrants and slash programs that protect the poor and most vulnerable, all in contradiction to church teaching, rarely receive the sort of public rebukes Chaput and other conservative Catholic bishops direct at those who deviate from the church position on abortion.

Full Article HERE!

A priest’s anti-gay ad campaign

A recent series of advertisements attacking homosexuality has dragged the Catholic Diocese of El Paso into a citywide political recall debate.

The advertisements, titled “The truth about homosexuality,” were written by the Rev. Michael Rodriguez of San Juan Bautista Catholic Church and published in four parts in four consecutive editions of the El Paso Times. The ads started running on Saturday and ended Tuesday. The advertisements were also on elpasotimes.com.

While Rodriguez maintains the ads represent the teachings of the Roman Catholic Church, officials of the Diocese of El Paso said they do not.

“These paid advertisements are the personal views and opinions of Father Michael Rodriguez,” said the Rev. Anthony C. Celino, the vicar general and moderator of the curia for the diocese.

Celino said the Catholic Church is not taking and cannot take a side in the recall effort.
The advertisements quote several Bible passages and denounce homosexuality and any encouragement of homosexuality. It also alluded to Mayor John Cook and city Reps. Susie Byrd and Steve Ortega, who are currently the target of a recall petition, organized by Word of Life Church Pastor Tom Brown.

“All Catholics have a moral obligation before God to oppose any government attempt to legalize same-sex unions,” Rodriguez wrote in part two of the series. “Here in El Paso, certain City Council members have remained obstinate in promoting public recognition and legitimization of homosexual unions. Whether
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they realize it or not, their actions are objectively immoral and gravely harmful to marriage and the family. It should be obvious to all Catholics what our duty is with respect to these members of City Council.”

Rodriguez said he wrote the pieces but did not pay for the advertisements or submit the writings to the Times.

A couple from Plano, Texas, paid for the advertisements, he said.
“I decided to write these articles primarily because it’s my duty as a Catholic priest to teach the truth when it comes to faith and morals,” Rodriguez said in a written statement to the Times. “My mission is to labor for the glory of God and the salvation of souls. That’s why I wrote the articles. The government has no right to undermine or redefine the institution of marriage. This is beyond the scope of their competence.”

Rodriguez said he also did not like the fact that the City Council went against the voters’wishes by providing health benefits to the gay and unmarried partners of city employees despite the fact that the public voted not to do that.

“Furthermore, the government has no right to undermine basic public morality,” Rodriguez said. “Unfortunately, members of El Paso’s City Council have made decisions that are immoral, irrational, and contrary to the common good of our city.”

Byrd said the advertisements are a political action because they alluded to the recall effort.

“To me, that is not the most terrible thing about the ad,” Byrd said. “What is, is the fact that he spent a lot of time and money to harm a group in our community.”

Ortega said he does not believe that religion should be mixed with government.
“I haven’t read his opinion pieces,” Ortega said. “I firmly believe in the principle of separation of church and state and therefore his opinions, as a priest, carry absolutely no weight with me as a public official.”

Brown said the advertisements came as a pleasant surprise.
“I think it’s wonderful. It is freedom of speech,” Brown said. “Ultimately, I agree with Rodriguez.”

Brown said the diocese should not remain silent on the recall because it goes against the Catholic faith.
“I think the Catholics should have an opinion,” he said.

Paul Landernan, an adviser for the El Paso chapter of the Stonewall Young Democrats, said that his organization — a youth-based organization that supports lesbian, gay, bisexual and transgender rights in the United States — is disappointed that Rodriguez is still stuck in the 19th century.

“He has official duties for the people of his parish,” Landernan said, “some of whom are parents of gay people, related to gay people or work with gay people every day.”
Rodriguez’s words can divide communities, Landernan said.
“Why would a person like this have that level of a violent reaction to the evolution of our society?” he asked. “He suddenly turned the clock back 40 to 50 years to a time when the Jim Crow-type of thinking was acceptable.”

In two weeks, recall petitions for Cook, Byrd and Ortega will be due at City Hall. Landernan said the advertisements’ timing was “curious.”

“It would have been a blip on the radar” if Rodriguez were not a priest, Landernan said. “And really, the church is almost a victim in this. He has almost used the name of the church without authorization.”

The controversy was not limited to the paid advertisements.
On Aug. 21, members of St. Raphael Catholic Church found fliers on their car windshields after church services.

The fliers said, “Éour popes and bishops have reminded us that we must oppose all government efforts to legitimize homosexual unions by attempting to equate them with marriage.”
The fliers also said, “Members of the City Council and the mayor have violated our rights and overturned our popular vote. We must hold our politicians accountable and insist that they truly serve our people.”

The church’s head priest, Monsignor Francis Smith, and the diocese said the fliers were not approved by or affiliated with the church.
“The diocese does not endorse or oppose candidates, political parties, or take actions that can be construed as endorsement or opposition,” Celino said. “Recall fliers claiming to be ‘Catholic’ were not authorized by the Diocese of El Paso.”

Smith said the people who distributed the fliers sneaked into the church’s parking lot during that Sunday’s two largest Masses.
“I always tell my people that if they stick it under your windshield, I did not authorize that,” Smith said. “If it is something worthwhile, then why be sneaky about it.”

The message on the fliers is not what Smith preaches at his church, he said.
“We have been asked several times to take their stance, and we will not,” Smith said. “I do not agree with that lifestyle (homosexuality), but I will help anyone who needs it.”
The fliers also list names and numbers of individuals who filed the intent to recall Cook, Byrd and Ortega.

Two of those individuals, Ben Mendoza and Nacho Padilla, said they had no prior knowledge of the fliers. Neither did Brown, he said.
“I personally would not authorize that,” Mendoza said. “I can see handing it out on the sidewalk, but not on cars.”

Mendoza said he is for the recall because the people’s vote was overthrown and he believes that should be the main issue.

Padilla said the fliers led to more individuals signing petitions.
“What they did has worked really positive,” Padilla said. “We have gotten a lot of signatures. We won’t deny that.”

Brown said he was proud that those who support the recall are acting on their own.
“It’s a free country, and people are free to promote however they want,” Brown said.
Brown said “we’d like to make more progress” as the deadline nears to turn in recall petitions.

“I’d like to say we can predict victory, but we are not there yet. We need to keep working.”

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