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*** UPDATED x2 *** When worlds collide

Friday, Sep 23, 2011 - Posted by Rich Miller

* Catholic Charities’ lawsuit against the state over the cancellation of its contracts is about more than whether the group should be able to provide foster and adoption care services solely to married couples, it’s also at least somewhat about money

Catholic Charities for the Diocese of Springfield will lose half of its revenue if the state cancels its foster care and adoption contracts with the agency.

That’s just one of the consequences outlined by executive director Steven Roach in court documents filed by Catholic Charities agencies associated with the Springfield, Peoria, Belleville and Joliet dioceses. […]

In the documents, Roach said he asked his staff to prepare an accounting of the financial impact to the agencies if the contracts are terminated. They determined it would eliminate about $5 million of Catholic Charities’ projected $10 million in revenue for the 2012 budget year.

“Financially, for Catholic Charities in Springfield, it would be devastating,” Roach said in an interview Monday. “We believe Catholic Charities would be able to survive it, but our presence would be greatly diminished in a number of communities.”

There’s no doubt that Catholic Charities has done plenty of profoundly good works in this state for a century. The group pushed the state into starting foster and adoption services decades ago.

So, it’s heartbreaking that such a great organization can’t seem to reconcile itself with state law, and vice versa. I generally prefer compromise on stuff like this, but that would mean both sides will need to give in more. The state is under no obligation to follow any religion’s canons. It has laws, and its vendors have to follow them. Catholic Charities is a vendor. If it wants its state contracts, it needs to either change state law (which it failed to do this year) or find a way to give in a bit. If it did, the state might start moving as well. This very thing just happened with the hospitals

Gov. Pat Quinn extended an olive branch to nonprofit hospitals Thursday, saying the state would temporarily hold off on further decisions about their exemptions from property taxes. […]

“It’s a temporary detente,” said Brie Callahan, a spokeswoman for the governor. “If the talks aren’t going anywhere … then the Department of Revenue will have to do what is required by law and the Constitution.”

Of course, religious principles are in a totally different world than politics. The Pope said as much today when he said religions can’t “think through or negotiate” faith. But if you get into politics (as a vendor), you have to realize that you’re in a different game as well.

* It probably also doesn’t help Catholic Charities’ cause when its lawyer gleefully participates in a weird newspaper column about a completely meaningless Muslim-American advisory commission

And like the Quinn administration, maybe we shouldn’t be concerned that anyone on the advisory council will encourage consideration of Shariah while recommending strategies to better integrate Muslims in Illinois socially, educationally, culturally and economically.

Another question: Why, besides one advisory group addressing Holocaust issues, is the Muslim-American Advisory Council the only religion-affiliated advisory committee listed among Quinn’s appointed boards? There’s no evangelical, Hindu, Protestant or Catholic advisory group that we could find.

At least one Catholic would like to know the answer to that question. After all, Catholic Charities has been cut off from serving foster and adoptive families because its religious doctrine conflicts with the state.

“Your guess is as good as mine on that one,” Catholic Charities’ attorney Peter Breen said. “Let us know if you find out why Catholics aren’t as welcomed.”.

I never thought I’d see the day when Catholics would claim to be not “welcomed” in Illinois because they don’t have their own little toothless advisory commission.

*** UPDATE 1 *** From Illinois Review

Passage and enactment of the state’s new civil unions law has prompted Illinois’ bishops to create a Defense of Marriage department within the Catholic Conference of Illinois.

CCI’s Director of Government Relations Zach Wichmann said the new department reflects the bishops’ intention to keep the Church in the public square and in line with the Catholic faith’s mission. The Defense of Marriage department will advocate marriage as the proper home for human sexuality, as it serves as an expression of love and cooperation in God’s creative design.

Wichmann acknowledged the new department will be fighting an uphill battle against current societal trends.

“The teachings of the Church are not overwhelmingly popular everywhere, nor are they always easily explained,” Wichmann said. “But our message will be proclaimed for the sake of stronger families, secure children and an enriched spiritual life.”

*** UPDATE 2 *** From Catholic Charities…

Emergency Court Hearing for Illinois Catholic Charities Foster Care Battle , Monday, September 26 at 12:30 pm

Due to the newly-expressed intent of the Department for Children and Family Services to press forward with transitioning the cases of the children under Catholic Charities care prior to the October 5 court hearing on reconsideration, Judge John Schmidt has allowed plaintiffs an emergency hearing before him this Monday, September 26, at 12:30 p.m. in Illinois’ Sangamon County Court in Springfield.

Catholic Charities will ask Judge Schmidt to reinstate his preliminary injunction until he has time to rule on a motion to reconsider his August 18 order and, if necessary, for an appeal of his order to the Illinois Appellate Court. That order denied the Charities’ request to prevent the Department of Children and Family Services from barring Catholic Charities from foster care and adoption contracts because of the Catholic Church’s religious beliefs against same-sex and opposite-sex civil unions.

The Thomas More Society, which represents the Catholic Charities of the Springfield, Peoria, Joliet, and Belleville dioceses, is seeking the stay to stop the effect of the August 18 ruling, so as to allow the Charities to maintain their services during the pendency of any appeals.

A copy of the emergency filing is available here

       

20 Comments
  1. - western illinois - Friday, Sep 23, 11 @ 12:37 pm:

    http://www.bloomberg.com/news/2011-09-23
    /pope-benedict-disappoints-german-protestant
    -leaders-seeking-common-ground.html
    The Pope just said he didnt want to cooperate with others in Germany. Rather Ironic Lutherna Social Services looks to be a big winner.
    A large number number of parlimentarians skipped his speech and they have 300,000 fewer German members. In germany those members no longer pay the Church Tax.
    I remeber a time when the Caridnal had huge power in this stae. I guess they lost their power in this world. It happenes. Maybe a lesson to those who think they run things now


  2. - 47th Ward - Friday, Sep 23, 11 @ 12:48 pm:

    ===maybe we shouldn’t be concerned that anyone on the advisory council will encourage consideration of Shariah===

    No, we shouldn’t be at all concerned in America about Sharia law. We aren’t worried about Canon law or Rabbinical law either, are we?

    Did you know Islam forbids the charging of interest for loans? Do you understand how difficult it is to purchase a home without paying interest? Sharia banking enables Muslims to purchase homes in this country. Is that what we’re trying to prevent?

    Wouldn’t we have to ban things like kosher food if we banned Sharia laws? Is it wrong to have a system like Sharia to help Muslims practice their religion in our society? No one is proposing supremacy of Sharia over civil laws, but just as we allow Rabbinical councils to settle disputes among Orthodox Jews, shouldn’t we also allow Sharia to help settle disputes among devout Muslims, similar to private arbitration, which US courts generally recognize? The Catholic Church doesn’t acknowledge divorce but our civil justice system does and there is no conflict.

    I guess my point is that I am sick and tired of hearing about people who think Sharia law is creeping into our society and that it is somehow a threat. It isn’t a threat, and those who focus on it without acknowledging a long and perfectly aceptable practice of Rabbinical or Canon law are using Sharia as a proxy for anti-Muslim bigotry and religious intolerance.


  3. - cermak_rd - Friday, Sep 23, 11 @ 12:51 pm:

    I don’t think you understand this toothless advisory council Mr. Breen wants. It wouldn’t be a toothless advisory council for Catholics but for Catholics like Mr. Breen. Fact is, only a minority of Catholics were with the Cardinal in opposing Civil Unions.


  4. - steve schnorf - Friday, Sep 23, 11 @ 12:54 pm:

    Good move on PQ’s part re hospital property tax exemptions. State law on property tax exemptions is much more narrow than the requirements, state or federal, for non-profit (income and sales) tax-exempt status.

    I think DoR has been properly applying current law. I believe current law needs to be looked at and consideration given to at least 2 areas where hospitals currently get no credit toward property tax exempt status.

    One is the underpayment they get from Medicaid reimbursement levels, payments below their actual cost. To me it seems reasonable that the difference between the 2 should count as “charity care”.

    The other is free or below cost community services hospitals provide in their service areas, such as flu vaccine clinics, or prostate cancer screening events, etc. Again, it seems reasonable that those sorts of expenditures should count toward property tax exemptions.

    Hospitals argue that those 2 items should already count. To me it’s pretty clear under current law that they don’t. The law may need to change.


  5. - Niles Township - Friday, Sep 23, 11 @ 12:55 pm:

    The Illinois Holocaust and Genocide Commmission is not religiously affiliated. There are several non-Jews on the commission. In addition, I would hope I needn’t remind anyone that there were non-Jewish victims of the Nazi Holocaust (including gays, gypsies etc.), Finally, the commission also deals with other genocides of which there have been far too many even in our day. Sometimes people write what they want to see rather than the facts as they are.


  6. - wordslinger - Friday, Sep 23, 11 @ 1:03 pm:

    Yeah, Catholics are totally shunned by tne power structure in Illinois. The Irish, too.


  7. - sadie - Friday, Sep 23, 11 @ 1:11 pm:

    The state purchases services from organizations a part of or affiliated with many religious groups - LSSI, Methodist ect - they all must follow state law and cannot bar nor discriminate - often you have no way of knowing the program you are dealing with is part of LSSI for exapmple


  8. - Left Leaner - Friday, Sep 23, 11 @ 1:36 pm:

    wordslinger - Enjoying your sarcasm. :)


  9. - How Ironic - Friday, Sep 23, 11 @ 1:54 pm:

    The Catholics are free to discriminate against any group they wish to in Illinois. They just now have to figure out how to finance the bigotry w/out state $$ to do it.

    I shed no tears over the fact that this religious organization is now fretting over loss of funds because they are not allowed to discriminate.

    Render unto Caesar the things which are Caesar’s, and unto God the things that are God’s. Perhaps the Catholics in IL have forgotten this bit in the bible?


  10. - 47th Ward - Friday, Sep 23, 11 @ 2:08 pm:

    ===a Defense of Marriage department within the Catholic Conference of Illinois===

    So I would expect a bill to outlaw divorce to be their first legislative battle, right?


  11. - Liberty_First - Friday, Sep 23, 11 @ 2:24 pm:

    Gay groups have access. There is absolutely no reason why the state demands Catholic Charities take a position when there are alternatives. The state constitution protects religious freedom and the politicians have twisted this law to make a political statement to exclude people with religious beliefs.


  12. - Just Me - Friday, Sep 23, 11 @ 2:29 pm:

    I have yet to hear anyone explain how allowing a gay or lesbian couple to get married/unionized somehow hurts other marriages. What exactly is a gay/lesbian couple denying the straight couple from having?


  13. - wordslinger - Friday, Sep 23, 11 @ 2:53 pm:

    –The Defense of Marriage department will advocate marriage as the proper home for human sexuality, as it serves as an expression of love and cooperation in God’s creative design.–

    I presume that would require advocation of polygamy as it certainly was in God’s creative design as practiced by the Old Testament prophets.


  14. - Chevy owner/Ford County - Friday, Sep 23, 11 @ 3:09 pm:

    Liberty, the state is making no demands of Catholic Charities; it is Catholic Charities that is demanding the state fund their discriminatory activities. The state is not telling CC they can no longer perform adoptions or foster services, they are simply telling them the cannot do it with taxpayer (some of whom are gay, I might add) monies. Seems pretty reasonable to me.


  15. - James - Friday, Sep 23, 11 @ 3:13 pm:

    Agree with Schnorf, it’s reasonable for PQ to call a time out on removing hospital exemptions. The State has showed its will to prosecute. The parties now need time to work out a minimum standard of charity care that can be codified. Everyone would benefit by certainty, and lose by piecemeal litigation.


  16. - Cheswick - Friday, Sep 23, 11 @ 3:15 pm:

    I don’t understand why Catholic Charities took themselves out of the game. Couldn’t they have continued providing their services, and if a case came along they were unable to handle, refer it to another agency?


  17. - How Ironic - Friday, Sep 23, 11 @ 3:36 pm:

    @ Cheswick

    No, because that’s what they currently do. But it doesn’t work that way. You either follow the law (non-discrimination) or you don’t. And CC wanted their cake and to eat it as well.

    They want taxpayer monies to fund bigoted positions.

    No different than say…referring all black familes to other agencies because they don’t want to deal with ‘those folks’.


  18. - 1776 - Friday, Sep 23, 11 @ 3:37 pm:

    I actually agree with Catholic Charities based on several facts.

    1. The Senate sponsor (Dave Koehler) in debate in response to questioning from Bill Haine acknowledged that the goal was not to impact social service agencies. The fact that the sponsor of the original Civil Unions bill supports them and sponsored the clarifying law speaks volumes.

    2. Illinois law allows pharmacists to refer patients seeking Plan B to another pharmacy or pharmacist because of religious beliefs. This is similar. Catholic Charities refers ALL cases on unmarried couples (straight and gay) to another agency.

    3. Catholic Charities does not ask sexual preference. They place kids with married families and single individuals. Because they do not ask about sexual preference, they have placed kids with gay adults.

    They are a highly rated agency that does not discriminate against gay couples. They treat all unmarried companies equally and refer them to another agency.


  19. - cermak_rd - Friday, Sep 23, 11 @ 3:56 pm:

    1776,

    I have actually heard credible claims that they have discriminated against people on the basis of religion (where one of the pair was Catholic and the other a Jew, for instance). Also, they have discriminated in the past by treating Caucasian and non-Caucasian infants differently.


  20. - Just the Facts - Friday, Sep 23, 11 @ 4:54 pm:

    unfortunately it isn’t as easy as Schnorf thinks. The problem you have is that the Illinois Constitution requires that an organization must be “exclusively charitable” and the Illinois supreme court has explained what that means in the hospital context. The court has ruled that the things Schnorf mentioned above, which by any objective measure should count, do not count as charity. Unfortunately, the General Assembly does not have the authority to rewrite the law to trump what the Illinois Supreme Court has stated are constitutional requirements. So, it will be a bit more tricky than Steve thinks.


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