Catholic Legal Perspectives

Transcription

1 Catholic Legal Perspectives

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3 Catholic Legal Perspectives second edition Bill Piatt Professor of Law and Former Dean St. Mary s University School of Law Carolina Academic Press Durham, North Carolina

4 Copyright 2012, 2015 Bill Piatt All Rights Reserved Library of Congress Cataloging-in-Publication Data Piatt, Bill, author. Catholic legal perspectives / Robert William Piatt, Jr. -- Second edition. pages cm Includes bibliographical references and index. ISBN (alk. paper) 1. Religion and law--united States. 2. Catholic Church--United States. 3. Church and social problems--catholic Church. I. Title. KF4869.C2P '282--dc Carolina Academic Press 700 Kent Street Durham, NC Telephone (919) Fax (919) Printed in the United States of America

5 To my grandchildren: Fallyn, Max, Rory, William, Julia, Noah, Caroline, and Eva To my children: Seana, Bob, and Alicia To my mom, Betty And to my wife, Chris

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7 Contents Acknowledgments xi Chapter 1 Introduction to the Sources of Law and Catholic Perspectives 3 A. Our Approach 3 B. For Further Thought 7 Chapter 2 Family Issues 9 A. Marriage 9 1. Marriage and the Legal System 9 2. The Catholic Church Views Marriage 13 B. Same-Sex Marriage State Approaches and the Federal Response The Catholic Church Opposes Same-Sex Marriage Constitutional Issues 31 a. DOMA declared unconstitutional 31 United States v. Schlain Windsor, et al. 31 b. Full Faith and Credit 39 In the Matter of the Marriage of J.B. and H.B. 40 State v. Naylor 48 c. Equal Protection 52 Loving v. Commonwealth of Virginia 53 Varnum v. Brien Children of Same-Sex Couples 63 a. Child Custody Suits 63 b. Gay and Lesbian People as Adoptive Parents 66 (1) Individual Adoptions 66 (2) Second-Parent and Joint Adoptions 67 c. The Catholic Church Opposes Adoptions by Same-Sex Couples 68 C. Divorce, Annulment, and Separation The Legal System Teachings of the Church Regarding Divorce, Separation, and Annulment The Dilemma, and the Solutions, for Catholics Who Face the Breakdown of a Marriage 77 vii

8 viii CONTENTS 4. The Role of the Catholic Lawyer or Judge in Divorce Proceedings 78 D. For Further Thought 81 Chapter 3 Life and Death 83 A. Abortion Catholic Church Position Historical Perspectives Roe v. Wade 93 Roe v. Wade Upholding Some Abortion Restrictions 106 Casey v. Planned Parenthood of Southeastern Pennsylvania 107 Gonzales v. Carhart Judicial Bypass Abortion, Demographics, and Race Harm to Women 132 B. Stem Cell Research 135 Sherley v. Sebelius 138 C. Miscellaneous Life Issues 146 D. Eugenics and Sterilization 155 Buck v. Bell 158 Skinner v. Oklahoma 160 E. Euthanasia 163 Washington v. Glucksberg 166 Gonzales v. Oregon 174 Bush v. Schiavo 178 F. Death Penalty 185 Gregg v. Georgia 190 G. For Further Thought 207 Chapter 4 Who Is Allowed to Live and Work in the U.S.A.? Immigration Issues 209 A. The Catholic Church Views on Immigration 209 B. United States Immigration Law and Policy Who Are We? Extreme Positions: Bill Piatt, Immigration Reform from the Outside In 212 a. Historical Extremes 212 b. Contemporary Extremes 214 (1) Closed border approaches 214 (2) Open border plus amnesty Formal Legal Structure 216 a. Citizenship 216 b. Permanent Residents 220 (1) Family Relationships 220 (2) Employment-Based Immigrants 222 (3) Diversity Immigrants 223 (4) Refugees & Asylees 223 c. Non-Immigrant Categories 223 d. Exclusions & Removals 223 C. The American Bishops Respond USCCB: Welcoming the Stranger Among Us: Unity in Diversity 224

9 CONTENTS ix A Statement of the U.S. Catholic Bishops USCCB: Frequently Asked Questions About the Catholic Church s Position on Immigration 227 D. Toward Reform USCCB Views Reform Bill Piatt: Immigration Reform from the Outside In 231 a. Moving Inward 231 b. Hope for Resolution 233 c. Conclusion Voices From the Bishops of the Border Region 234 E. For Further Thought 235 Chapter 5 Feeding the Hungry, Sheltering the Homeless, Treating the Sick 239 A. Feeding the Hungry 239 B. Housing 242 C. Health Care 243 National Federation of Independent Business v. Sebelius 251 Burwell v. Hobby Lobby Stores, Inc. 271 D. Education 285 Goss v. Lopez 285 Plyler v. Doe 286 Texas v. Certain Named and Unnamed Undocumented Alien Children 286 Zelman v. Simmons-Harris 289 E. Public Assistance 296 Fuentes v. White 297 F. For Further Thought 300 Chapter 6 Applications 301 A. The Role of Education and Educators Law Schools 301 a. Bill Piatt: Catholicism and Constitutional Law: More Than Privacy in the Penumbras Undergraduate Institutions Student Involvement 318 Hastings Christian Fellowship v. Martinez 319 B. The Role of Bench and Bar Lawyers 327 Town of Greece, New York v. Galloway Judges 336 C. The Role of the Church 337 D. Next Steps 339 E. For Further Thought 341 Selected Bibliography 343 Books 343 Articles 343 Reports 346 Statements & Press Releases 348 Roman Catholic Church Publications & Documents 348

10 x CONTENTS Statutes & Acts 352 Cases 353 Blogs & Opinions 354 Websites Generally 354 Index 357

11 Acknowledgments I am grateful to my research assistant, Jonathan Torres, and to my secretary, Maria Vega, for their assistance. The following entities and publications granted permission to reprint portions of previously-published material included in this book. I wish to thank them for the permission, and for their cooperation and assistance: - Archdiocese of San Antonio, Texas - The Journal of Catholic Social Thought - The Scholar: St. Mary s Law Review on Minority Issues - United States Conference of Catholic Bishops xi

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