Posted on 02/16/2019 02:18 AM (CNA Daily News)
Trenton, N.J., Feb 15, 2019 / 06:18 pm (CNA).- The New Jersey legislature is considering expanding the legal window to file civil actions for sex abuse against both individual perpetrators and institutions.
The New Jersey Catholic Conference backs expanding the statute of limitations for civil actions related to future crimes. However, it is arguing that only individual offenders, not institutions, should face civil action for past acts of abuse.
“The Catholic Bishops of New Jersey are committed to keeping our teaching, worship and ministry spaces safe for everyone, especially children,” said Patrick Brannigan, executive director of the New Jersey Catholic Conference.
“All of our dioceses have committed to assisting victims of abuse whenever and however we can,” he said, according to the Wall Street Journal.
At present, criminal cases of sexual assault have no statute of limitations under state law. The statute of limitations for civil action is two years.
If the proposed New Jersey bill becomes law, victims of sex assault would have an expanded statute of limitations for civil action against both individuals and institutions.
The bill would allow child victims of sexual assault to file civil lawsuits until they turn 55 or until seven years from the time they become aware of the injury, whichever comes later. Adult victims of sexual assault would have a seven-year time frame after the incident to file a civil lawsuit, or until seven years after they become aware of the abuse, the Wall Street Journal says.
Further, the bill would create a one-time two-year legal window for civil complaints for anyone previously barred from filing civil actions due to the time limit.
New Jersey Gov. Phil Murphy backs the proposed law.
“Victims of sexual abuse, especially those victimized in childhood, deserve to find doors held open for them as they seek justice against their abusers,” he said Feb. 14.
Bill sponsors are Sen. Joseph Vitale and Assemblywoman Annette Quijano, both Democrats. Senate President Steve Sweeney, also a Democrat, supports the legislation, the Wall Street Journal said.
The New Jersey State Senate’s Judiciary Committee will hold a public hearing on the proposed legislation March 7.
Similar legislation in New York, passed Jan. 28, met with some initial resistance from New York’s bishops, who had expressed concern about retroactive provisions in the bill. Once those provisions were amended, the state’s bishops dropped their concerns.
New Jersey dioceses have set up their own victims’ compensation fund as an alternative to civil lawsuits. According to Brannigan, the fund has “significantly lower level of proof and corroboration than required in a court of law.” It promises “an attractive alternative to litigation” and “speedy and transparent process.”
After agreeing on and receiving a settlement, abuse survivors will not be able to pursue additional legal action against the diocese. All settlements will be funded by the dioceses themselves.
On Feb. 13, all the Catholic dioceses of New Jersey released lists of clergy who had been “credibly” accused of sexual abuse of minors dating back to 1940.
On the list is disgraced former cardinal Archbishop Theodore McCarrick, who headed New Jersey’s Diocese of Metuchen from 1981 until 1986 and the Archdiocese of Newark from 1986 until 2000. He retired as Archbishop of Washington.
A total of 188 clerics, including deacons, were listed. The Archdiocese of Newark list had the most names, with 63, and the Diocese of Metuchen had the fewest with 11.
Cardinal Joseph Tobin of Newark said in a statement that the release of the list of names of credibly accused clergy was part of “an effort to do what is right and just.”
“It is our sincerest hope that this disclosure will help bring healing to those whose lives have been so deeply violated,” said Tobin. “We also pray that this can serve as an initial step in our efforts to help restore trust in the leadership of the Catholic Church.”
Archbishop McCarrick resigned from the College of Cardinals in July 2018 after being credibly accused of abusing two minor boys. He faces numerous charges of sexual abuse against minors and adults over a period of decades.
A verdict following McCarrick’s canonical process for his abuse of minors is expected at any time. Many expect the punishment to remove him from the clerical state.
Posted on 02/16/2019 01:00 AM (CNA Daily News)
Denver, Colo., Feb 15, 2019 / 05:00 pm (CNA).- Four years after the so-called Islamic State released a propaganda video showing the beheading of 21 abducted Coptic Christians in Libya, aid workers and politicians continue to highlight the dangers facing Christians in the Middle East and across the world.
On Feb. 15, 2015, a video was released showing IS fighters beheading Egyptian workers as they knelt on a Libyan beach wearing prison-style orange jumpsuits. The Egyptian government and the Coptic Church later confirmed the video’s authenticity.
Edward Clancy, director of outreach for Aid to the Church in Need USA, told CNA that the killing of the Coptic martyrs helped to bring the issue of Christian persecution into focus for the wider Western culture and media, and spurred an outpouring of donations for charitable aid.
"It definitely brought the Christian persecution to the forefront and put it on page one," Clancy told CNA in an interview Feb. 15.
Soon after the video’s release, the Coptic Church announced that the men would be commemorated as martyrs in its Church calendar. In October 2018, authorities found a mass grave believed to contain the bodies of the 21 men.
"Seemingly every day at that time there was a story of something going on, whether it was the fall of Raqqa; the enslavement of women; obviously the killing of the Coptic martyrs. And all of these did bring this [issue] into focus, and people did respond. Obviously it touched a lot of people's hearts, and because of that they were very generous," Clancy said.
Aid to the Church in Need has been working to help persecuted Christians since its founding in 1947. Clancy told CNA that while the public martyrdoms brought the dangers facing persecuted Christians to wider attention, Aid to the Church in Need had considered the issue a core concern for some time.
"I wouldn't say that the videos changed much as far as [ACN’s priorities] go; our commitment to the Christian community there was as high before and after;" Clancy said.
"And that was because we saw the existential threat to the Christian communities by what was going on, by the violence, by the terrorism...The videos strengthened our resolve, I guess, to say we're not going to let this happen."
Last December, a mass grave of 34 Ethiopian Christians was unearthed. That grave is believed to contain the bodies of Christians killed by IS forces in a propaganda video posted on social media in April 2015, two months after the first video was released.
That video, similar to the first one, appeared to show the Islamic State fighters shooting and beheading the Ethiopian Christians, who were all wearing orange jumpsuits, on a beach.
Clancy told CNA that ancient Christian communities in the Middle East remain at risk of disappearing. In Syria alone hundreds of thousands of Christians have been driven from their homes in places like Nineveh, Damascus, Homs, and Aleppo.
"We've been able to support $55 million in aid over the years in Iraq and probably about $40 million in Syria in different programs to help keep the Christian communities alive," Clancy said.
"Unfortunately though, even with all of those efforts, there's been a great decline in the number of Christians. Iraq is down to about 20% of its Christian population as compared to 2000. And Syria's down probably something like 40% since that time too."
Clancy highlighted the continued dangers faced by Christians all over the region and the world, and noted the moral imperative on the international community to remember and support them.
"For us here in the United States, in the West, in the sort of 'safe world,' we actually take for granted that our faith is part of our lives. There, it's part of their lives, but it could also be a reason for their death. So we should do our best to pray for them, to be aware of what's going on and to support them by financial means and also for advocating on their behalf in the public arena.”
Clancy highlighted the recent announcement that the United States would withdraw troops from Syria as a source of fear among some in the Christian community. The move, he said, raised anxiety that terrorist forces might be emboldened by the decision.
"I think we have to be fair enough to say that when there's a need for [military] protection that we should do it," he said.
"It's really all dependent on international governments, on the United States, the West, Europe, to stand up and say we're not going to allow Christianity to die there. As Catholics, we can't be afraid to say that," Clancy said.
One such advocate in the United States is Arkansas Congressman French Hill, who introduced a resolution Jan. 16 supporting the religious freedom of Coptic Christians in Egypt.
Hill’s resolution called on the Egyptian government to “end the culture of impunity” with which Christians have been attacked and to “make examples by arresting, prosecuting, and convicting those responsible for attacks on Christians.”
"We forget that it's not wrong to say that Christians belong [in the Middle East] and Christians should stay there. That's what I always ask people to remember," Clancy said.
Posted on 02/16/2019 00:23 AM (CNA Daily News)
Frankfort, Ky., Feb 15, 2019 / 04:23 pm (CNA/EWTN News).- The Kentucky Senate has approved a bill that would ban abortions after a fetal heartbeat is detected, usually around six weeks into pregnancy.
The bill passed 31-6 on Feb. 14. It will now head to the state’s House, which has a Republican majority.
During a committee review of the measure earlier on Thursday, the heartbeat of a Kentucky resident’s unborn baby was played live through an electronic monitor. The woman, April Lanham, is a resident of the district of the bill’s sponsor, Sen. Matt Castlen (R).
“That child in her womb is a living human being,” said Castlen, according to the Associated Press. “And all living human beings have a right to life.”
Lanham, who is 18 weeks into her pregnancy, told reporters that she thought her baby’s heartbeat would be a “powerful noise” for lawmakers ahead of the vote.
If the law passes, an examination would be required before an abortion to determine whether the unborn baby’s heartbeat can be detected. If so, an abortion would be illegal, unless the mother’s health is determined to be in danger.
The Kentucky bill is one of several similar heartbeat bills being considered throughout the country.
Florida, Maryland, Minnesota, Missouri, Ohio, Texas, and West Virginia have also introduced fetal heartbeat bills this year. A handful of states have passed similar bills in recent years, although they generally face court challenges.
Opponents of the bill promised similar legal challenges if Kentucky’s legislation becomes law.
“This law is patently unconstitutional,” said Kate Miller, who works with the American Civil Liberties Union of Kentucky. “The second it is signed, the ACLU of Kentucky will file a lawsuit. And much like the other laws you have passed, we expect that you will be held up in litigation unsuccessfully for years.”
Abby Johnson, a former director of a Planned Parenthood and now pro-life activist, spoke in favor of the legislation at the committee hearing on Thursday.
“Abortion can never, on its face, be safe, because in order for an abortion to be deemed successful, an individual and unique human with a beating heart must die,” Johnson said, according to WDRB.
Posted on 02/15/2019 23:11 PM (CNA Daily News)
Washington D.C., Feb 15, 2019 / 03:11 pm (CNA).- Ahead of an expected decision in the case of Archbishop Theodore McCarrick, new details have emerged about his likely financial status in the event that he is laicized.
Sources close to the former cardinal told CNA that McCarrick has previously declined an income from the Church, and that he has private means of support in place.
McCarrick’s conviction and possible laicization have been the subject of consistent media speculation and expectation in recent days. He faces numerous charges of sexual abuse against minors and adults over a period of decades. A decision in the case is widely predicted to be announced ahead of a Vatican summit on child sexual abuse, which begins Feb. 21.
While no decision or penalty has yet been announced, sources close to the archbishop told CNA Friday that, in the event he were defrocked, he would still have a personal income.
This could prove significant, as clerical offenders of advanced age or poor health are often kept in a penitential assignment, in recognition that they might otherwise have no means of support. If McCarrick were known to be able to provide for his own living outside of Church support, it could weigh against him in any deliberation about imposing a penalty of laicization.
As a cleric and former archbishop of Washington and Newark, and former bishop of Metuchen, McCarrick currently has a right to financial support from the Church. At present, expenses at the Kansas monastery where McCarrick is living in “prayer and penance” are being met by the Archdiocese of Washington which, as the last diocese of his assignment, has an ongoing obligation to provide basic “sustenance” under canon law.
That right would cease, along with many others, if he were expelled from the clerical state - laicized - following a conviction for sexual abuse.
But sources close to the former cardinal told CNA that he never drew either a salary or a pension from any of the three dioceses he led. They said that he declined to take remuneration from his former dioceses, but that he does have a private income from savings and monthly annuities.
“While he is not without resources, they are modest, in keeping with what one might expect of a parish priest,” one source close to McCarrick told CNA.
The same source told CNA that the annuities had been privately purchased over a period of years.
Questions remain, however, about the scale and sources of McCarrick’s private income. If, as those close to him have indicated, he declined any formal remuneration from the dioceses he led as a bishop, what was the source for any savings he might have, and how did he come to purchase the annuities to give himself a private income in retirement?
One source close to McCarrick speculated that the annuities could have come from “friends or benefactors” of the archbishop before his fall from grace.
The web of formal and informal financial networks around him remains hard to untangle, but what is known gives a strong indication of his access to funds.
In 2001, McCarrick established the Archbishop’s Fund, which he continued to personally oversee during his retirement, only ceding control to Cardinal Donald Wuerl in June last year.
According to the Archdiocese of Washington, that fund was designated for McCarrick’s personal “works of charity and other miscellaneous expenses.”
McCarrick also sat on the board of numerous grant-making bodies during his time in office, at least two of which combined to donate more than $500,000 to his personal charitable fund. These included nine grants of $25,000 each from the Minnesota-based GHR Foundation designated for the “former archbishop’s fund” or the “former archbishop’s special fund,” according to tax records.
The Virginia-based Loyola Foundation made grants of $20,000 - $40,000 per year to the archbishop’s fund for at least a decade. According to the foundation, the sums were “specifically designated by Archbishop McCarrick” who as a trustee could allocate “limited discretionary grants” to qualified 501(c)(3) organizations.
While the archdiocese told CNA in August 2018 that the fund was audited annually and that “no irregularities were ever noticed,” it would not confirm the balance of the fund at the time McCarrick turned over control, or how much money had passed through the fund over the years, or where it had gone.
McCarrick was known for producing sizable donations for projects and funds with which he was associated, including the Papal Foundation, as well as individual projects in dioceses around the world. At the same time, he was also well known for his more personal acts of generosity.
In September 2018, a cardinal who formerly served as a curial official recalled McCarrick’s habit of doling out large sums, in cash, to senior officials in Rome.
“When he would visit Rome, Cardinal McCarrick was well-known for handing out envelopes of money to different bishops and cardinals around the curia to thank them for their work,” the cardinal told CNA.
“Where these ‘honoraria’ came from or what they were for, exactly, was never clear – but many accepted them anyway.”
Given that McCarrick has access to a private income, unconnected to the Church, it is unlikely that any of the three dioceses which he once led would put themselves forward to offer him additional support in the event he were laicized.
A spokesperson for the Diocese of Metuchen confirmed to CNA that McCarrick had not received a pension from the diocese but could not confirm if he drew a salary as bishop, citing diocesan files on salaries which only date back seven years.
Both the Archdiocese of Newark and the Archdiocese of Washington declined to comment on McCarrick’s private financial circumstances. A spokesman for the Archdiocese of Washington referred CNA to the archbishop’s personal attorney.
Posted on 02/15/2019 22:00 PM (CNA Daily News)
Washington D.C., Feb 15, 2019 / 02:00 pm (CNA).- The United States Conference of Catholic Bishops issued a statement Feb. 15 opposing President Donald Trump’s declaration of a national emergency on the southern border. Trump made the declaration as part of an attempt to secure full funding for the construction of a border wall.
“We are deeply concerned about the President’s action to fund the construction of a wall along the U.S./Mexico border, which circumvents the clear intent of Congress to limit funding of a wall,” said the statement, which was jointly written by USCCB President Cardinal Daniel DiNardo of Galveston-Houston and Bishop Joe S. Vasquez of Austin, who leads the USCCB’s migration committee.
The two bishops said they were against the use of additional funds for the construction of a border wall. In the latest appropriations bill, Congress allocated $1.3 billion to erect barriers along parts of the southern border, but included several exceptions for locations where the funding may not be used to construct barriers.
Trump had requested $5.7 billion to fund the entire project.
On Friday, in an effort to supplement the funding allocated by Congress, the president declared a national emergency on the southern border. By invoking the National Emergencies Act, the president can gain access to sources of funding otherwise unavailable to him. The 1976 act does not contain a specific definition of what constitutes a “national emergency.”
“The current situation at the southern border presents a border security and humanitarian crisis that threatens core national security interests and constitutes a national emergency,” said Trump in a declaration announcing the state of emergency.
“The southern border is a major entry point for criminals, gang members, and illicit narcotics,” Trump said.
The president asserted that illegal immigration is a worsening problem on the border, and therefore action must be taken to address this issue.
The bishops disagreed with the president's assessment of the situation at the border, and on the suitability of a border wall.
In their statement, DiNardo and Vasquez said the wall was a “symbol of division and animosity” between the United States and Mexico.
“We remain steadfast and resolute in the vision articulated by Pope Francis that at this time we need to be building bridges and not walls,” they added.
On Feb. 14, the House of Representatives and Senate both passed a bill to provide $1.3 billion in funding for the construction of barriers along the U.S.-Mexico border, but which contained a list of five specific places where these funds cannot be used to build a wall. One of these was the site of La Lomita Chapel in Mission, TX, in the Diocese of Brownsville.
The Brownsville diocese has been contesting government attempts to survey public land around the chapel ahead of a border wall being erected.
The diocese filed suit against the federal government arguing that the construction of a border wall restricting access to the chapel would be a violation of religious freedom.
On Feb. 6, U.S. District Court Judge Randy Crane ruled that allowing the federal government to survey the land surrounding the chapel to determine if a wall could be built would not interfere with the exercise of religious freedom rights.