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High Court won't hear church-state cases
CBS News ^ | October 1, 2007

Posted on 10/01/2007 1:21:03 PM PDT by processing please hold

(CBS/AP) The Supreme Court opened its new term Monday refusing to get involved in two church-state disputes - one over religious organizations paying for workers' birth-control health insurance benefits, the other over an evangelical group's plea to hold religious services at a public library.

The birth-control benefits dispute was triggered by a New York state law that forces religious-based social service agencies to subsidize contraceptives as part of prescription drug coverage they offer employees.

New York is one of 23 states that require employers offering prescription benefits to employees to cover birth control pills as well, the groups say. The state enacted the Women's Health and Wellness Act in 2002 to require health plans to cover contraception and other services aimed at women, including mammography, cervical cancer screenings and bone density exams.

Catholic Charities and other religious groups argued that New York's law violates their First Amendment right to practice their religion because it forces them to violate religious teachings that regard contraception as sinful.

"If the state can compel church entities to subsidize contraceptives in violation of their religious beliefs, it can compel them to subsidize abortions as well," the groups said in urging the court to take their case. "And if it can compel church entities to subsidize abortions, it can require hospitals owned by churches to provide them."

Other Catholic and Baptist organizations are part of the lawsuit. Seventh-Day Adventist and Orthodox Jewish groups signed onto a brief filed in support of Catholic Charities.

In the library case, the 9th U.S. Circuit Court of Appeals in San Francisco had ruled that public libraries can block religious groups like the Faith Center Church Evangelistic Ministries from worshipping in public meeting rooms.

The Contra Costa library system in the San Francisco Bay area allows groups to use its facilities for educational, cultural and community-related programs.

"Although religious worship is an important institution in any community, we disagree that anything remotely community-related must therefore be granted access to the Antioch Library meeting room," the appeals court concluded in a 2-1 decision.

Allowing worship services would amount to having taxpayers subsidize religious exercises, argued the Contra Costa County, Calif., Library Board, which operated the facility in Antioch, Calif.

In the dispute over making religious organizations subsidize contraceptives, the court rejected a challenge to a similar law in California.

"A church ought to be able to run its affairs and organize relationships with its employees in a way that's consistent with moral values and teachings," said Kevin Baine, a partner at the Williams and Connolly law firm who represents the religious organizations.

The New York law contains an exemption for churches, seminaries and other institutions with a mainly religious mission that primarily serve followers of that religion. Catholic Charities and the other groups sought the exemption, but they hire and serve people of different faiths.

New York's highest court ruled last year that the groups had to comply with the law. The 6-0 decision by the state Court of Appeals hinged on the determination that the groups are essentially social service agencies, not churches.

According to Planned Parenthood, the other states with similar laws are: Arizona, Arkansas, California, Connecticut, Delaware, Georgia, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Missouri, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, Rhode Island, Vermont, Washington and West Virginia.

The birth-control benefits case is Catholic Charities of the Diocese of Albany v. Dinallo, 06-1550. The library case is Faith Center Church v. Glover, 06-1633.


TOPICS: Breaking News
KEYWORDS: antichristian; christophobes; persecution; wallofseparation
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To: processing please hold

Your contention that most Christian leaders are money grubbing hypocrites is ludicrous.


41 posted on 10/01/2007 2:37:05 PM PDT by Cedric
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To: Cicero
"If the state can compel church entities to subsidize contraceptives in violation of their religious beliefs, it can compel them to subsidize abortions as well," the groups said in urging the court to take their case. "And if it can compel church entities to subsidize abortions, it can require hospitals owned by churches to provide them."

I guess we'll have to wait for their first test case to come to the hospital demanding an abortion before his feet are put to the fire and see which way he jumps.

42 posted on 10/01/2007 2:40:16 PM PDT by processing please hold (Duncan Hunter '08) (ROP and Open Borders-a terrorist marriage and hell's coming with them)
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To: ConorMacNessa

There is a simple solution to this. Eliminate prescription coverage until this law is repealed and let them know why.

Actions have consequences. Make New York the scapre goat AS WELL THEY SHOULED BE!


43 posted on 10/01/2007 2:46:08 PM PDT by packrat35 (PIMP my Senate. They're all a bunch of whores anyway!)
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To: processing please hold

It cuts two ways.

Catholic charities and hospitals grew in the big cities over the years because there were lots of ethnic Catholics in those cities, lots of vibrant parishes, and lots of poor Catholics needing help.

Now in most cases the parishes have shrunk, Catholic ethnics have moved to the suburbs, black Protestants and others have moved in, parish revenues are down, and the people they are helping are mostly not Catholics. The Church is willing to help needy non-Catholics, which it also does with its parochial schools, but there comes a point where the system is at risk of breaking down.

So if you look at the bottom line, which Egan has certainly been forced to do, closing parishes and balancing budgets, then you may conclude that it would be more practical to close a few hospitals and let the city pay for taking care of the poor and sick, especially if they are going to take that kind of attitude and bite the hand that helps to feed them.


44 posted on 10/01/2007 2:47:38 PM PDT by Cicero (Marcus Tullius)
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To: arthurus

The cult of Islam will be exempt because they use the cultural minority concept to back their superficial claims.


45 posted on 10/01/2007 2:50:38 PM PDT by eleni121 (+ En Touto Nika! By this sign conquer! + Constantine the Great)
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To: icwhatudo

Yes. See 44, which I wrote before seeing your post.


46 posted on 10/01/2007 2:51:04 PM PDT by Cicero (Marcus Tullius)
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To: packrat35

I think it’s the only moral course of action open to them, other than defying the law.


47 posted on 10/01/2007 2:52:32 PM PDT by ConorMacNessa (HM/2 USN, 3rd Bn. 5th Marines, RVN 1969. St. Michael the Archangel defend us in battle!)
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To: processing please hold

Interesting...


48 posted on 10/01/2007 2:54:03 PM PDT by Rick_Michael (The Anti-Federalists failed....so will the Anti-Frederalists)
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To: processing please hold
Then I ask myself, would a Christian majority government protect my religion from being swept away and replaced by islam? Would they get involved and get tangled up in the separation of church and state?

Actually you don't have to ask yourself that question. Government doesn't have to be affiliated with a religion to protect it's citizens from tyrannical repression. Islam, as a religion, dogma, ideology - what ever you want to call it - is antithical to the concept of 'freedom of religion'...ie: all who are not Muslim must be subjigated or killed.

Our Constitution enumerates powers to our Government to protect it's citizenry from the kind of tyranny that an Islamic state/theocracy represents. It doesn't have to prop up Christianity to do so.

The crux of this case, is that Government isn't supposed to support *any* particular religion. But it does have an obligation to protect the free exercise of religion by it's citizenry. Sometimes, it seems to fall over on itself while doing that though.

The real case you probably meant with your statement, is that Islam could be construed to be incompatible with free society.

Hope that helped. Sorry for the thread drift :)
49 posted on 10/01/2007 2:55:59 PM PDT by bamahead (Few men desire liberty; The majority are satisfied with a just master. -- Sallust)
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To: Cedric
Sure they really need those million dollar and multi-million dollar churches. They need to always have their hand out wanting more and more money. To live in sprawling mansions with multiple cars.

I've had enough of charlatan preachers and pedophile priest stories to last me a life time. Politicians who say they are religious and follow the word of God then support abortion. I've seen enough of organized religion to go my own way when it comes to worshiping God.

Billy Graham is the only preacher to me that I would listen too. He lives humbly. Like a man of God is supposed to.

You think I'm ludicrous- I hope I can get to sleep tonight knowing you think that about me.

50 posted on 10/01/2007 2:56:09 PM PDT by processing please hold (Duncan Hunter '08) (ROP and Open Borders-a terrorist marriage and hell's coming with them)
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To: processing please hold

The USSC doesn’t seem to want to take on any hot potato cases, like church or the 2nd.


51 posted on 10/01/2007 2:57:09 PM PDT by CodeToad
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To: processing please hold
I am about to go off:

1st Amendment:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof

OK, here is how it friggin' works: Congress can not tell you and me what Church to attend or what religion to believe in. Congress is the only entity with the power to establish a religion and they would do so by passing a law. And may I remind folks that they are forbidden from doing so. There is no threat to the establishment of a religion because Congress is not passing laws telling us which religion to believe in). A prayer in school does not establish a religion. A manger scene on public property does not establish a religion. And neither does the Ten Commandments on public property. No more then the Menorah does. Now, pass a law that says you can not pray in school and you just limited the free exercise thereof. Pass a law that says you can not put a manger scene on public property and you just limited the free exercise thereof.

Now, you and I have been given inalienable rights. These are God given rights. No man or Government has the authority to take them away. If folks don't like that then they can live under man given rights and we will see how long they last.

Now, I believe the Socialist/Commies want to remove God from public view. Why? Well, as an American, I pray to my God and we solve my problems together. Remove God and people will begin to forget about God and they will pray to the Government to take care of them from the cradle to the grave.

Why do these people have to stand on my last nerve?

52 posted on 10/01/2007 3:01:51 PM PDT by do the dhue (They've got us surrounded again. The poor bastards. General Creighton Abrams)
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To: Cicero
If someone is coming to a church for help, food, clothing things of that nature what church it is or what religion the needy is shouldn't be of concern. Private donations should step in and lend the church a helping hand.

then you may conclude that it would be more practical to close a few hospitals and let the city pay for taking care of the poor and sick, especially if they are going to take that kind of attitude and bite the hand that helps to feed them.

I agree.

It's like states demanding and making it harder for folks to smoke by eternally trying to add more and more taxes on a pack of cigarettes causing many to stop smoking than they bitch about the tobacco revenue they're losing. Biting the hand that feeds them as well.

53 posted on 10/01/2007 3:06:27 PM PDT by processing please hold (Duncan Hunter '08) (ROP and Open Borders-a terrorist marriage and hell's coming with them)
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To: Rick_Michael

Yes it is.


54 posted on 10/01/2007 3:08:17 PM PDT by processing please hold (Duncan Hunter '08) (ROP and Open Borders-a terrorist marriage and hell's coming with them)
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To: bamahead
Our Constitution enumerates powers to our Government to protect it's citizenry

I'm only going to use part of your comment if I may?

If they WILL protect us. I come around to the presidential powers to protect the American citizen. We can see that we aren't being protected by our government by the invasion from the south. There's no will to protect us against the murdering, raping, child raping illegal aliens who destroy American lives and families daily.

Sorry to go on about borders but it was just an example of what our government is supposed to do compared to what they are doing.

Hope that helped. Sorry for the thread drift :)

No need to be sorry, I drifted myself. :)

55 posted on 10/01/2007 3:15:14 PM PDT by processing please hold (Duncan Hunter '08) (ROP and Open Borders-a terrorist marriage and hell's coming with them)
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To: CodeToad
The USSC doesn’t seem to want to take on any hot potato cases, like church or the 2nd.

Two very important subjects in our country.

56 posted on 10/01/2007 3:16:58 PM PDT by processing please hold (Duncan Hunter '08) (ROP and Open Borders-a terrorist marriage and hell's coming with them)
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To: do the dhue
A most excellent post.

I agree with it in it's entirety.

57 posted on 10/01/2007 3:19:59 PM PDT by processing please hold (Duncan Hunter '08) (ROP and Open Borders-a terrorist marriage and hell's coming with them)
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To: processing please hold

want to bet that moslems ARE allowed to use that library...


58 posted on 10/01/2007 3:23:36 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: longtermmemmory
want to bet that moslems ARE allowed to use that library...

No, 'cause I bet they are too.

59 posted on 10/01/2007 3:27:29 PM PDT by processing please hold (Duncan Hunter '08) (ROP and Open Borders-a terrorist marriage and hell's coming with them)
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To: DaveBuck
They don’t pay for the library so they, as a church, don’t get to use it. Do other social groups that get to use the library pay for it any more than churches do?
60 posted on 10/01/2007 3:39:25 PM PDT by VRWCmember (Fred Thompson 2008! Taking America Back for Conservatives!)
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