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JReducation
Guest
The policy of the Catholic Church that went all the way up to Cardinal Razinger’s office at the Congregation of the Faith was not this at all. It was every simple. Church hiring policies must comply with the state law as long as they are not in conflict with the teachings of the Church.So, it basically saying. dont tell us and all should be alright. but one thing is left, the whole world will know what the CC is doing.
When the conflict arose in San Francisco, the now Prefect for the Faith of the entire Catholic Church, was then the Archbishop of San Francisco. He did not pass a “don’t ask don’t tell” rule. He pass a ruling that simply said that employees, including diocesan priests and diocesan deacons, could include any member of their household in their benefit package.
This rule is not in conflict with any Church teaching. What is in conflict with Church teaching would be to give unammried couples the same benefits that you give to married couples. But not extend those same benefits to other family members or household members. If you only give the benefits to couples, then you are equating all couples. If you give the benefits to every eployee, then you are equating employees, not couples. There is nothing immoral about that. Morally, that can be done.
The Church’s rule on justice says that a diocese can treat all employees the same. The only diocesan employees who are not entitled to the same compensation and benefits are those men and women who belong to religious commiunities. We do not get salaries, nor are we entitled to any kind of health insurance, retirement insurance or disability insurance. The religious community and the diocesan bishop negotiate a flat stipend that the bishop gives to the religious order for its services, whether there are 10 religious or 100 religious. We have no right to healthcare, retirement and disability. The religious communities of men and women must raise that money on our own; but we’re ok with that. We understand that we have no rights in any diocese in the Church. We only have rights in our own institutions.
For example, if I were to work for the Archdiocese of San Francisco, I would not be allowed to include the brothes in my house in any benefits package offered by the diocese, because under Church law, it is a violation of justice for a religious to get benefits from the diocese. Only secular priests, secular deacons and lay employees and the members of their household are entitled to those.
As to beneficiaries on such things as life insurance and 401K funds, there is nothing immoral about leaving your money to your domestic partner, because those benefits are not considered to be conjugal benefits. In civil and moral law, you can your cat your benficiary in case you die before you collect your 401K.
The issue is conjugal. As long as the Church does not treat non married people as conjugal partners, she is not violating any moral law. The individuals involved may be doing so, but not the Church. Because the Church is not treating them differently from the way that she treats all other employees.
There are only certain positions for which the Church can discriminate in hiring without legal impunity. You are never allowed to ask someone if they are married; if they are married in the Church; if they have children; their sexual orientation; their political affiliation and for certain positions, you may not ask their religious affiliation. You must be able to prove that the person’s religious affiliation affects the job that you want them to perform. This law is stricter in some states than in others. And is worded a little differently from state to state.
For example, you can discriminate in hiring for schools, because teachers are influencial in the religious formation of students. But if you’re hiring for your Catholic Housing progam, you would have a very difficult time proving to the judge that a Catholic is preferrable over a non Catholic.
Among the services that the Archdiocese offers the poor and the vulnerable, most are services that do not require that the service provider be Catholic. They require that the service provider comply with the rules of the Archdiocese and that he or she not promote anything that is in conflict with Catholic faith. The rule also applies the other way around. The Church cannot demand that those who benefit from its services comply with Catholic teachings. This is not allowed by either the Church or the government. If you have a senior citizen applying for housing in a subsidized Catholic housing program, you cannot rule him/her out because they are non Catholic. If bishops did that they would have the Vatican breathing down their neck, because the Church provides trillions of dollars in services to non Catholics around the world. Just look at the Missionaries of Charity.
What has happened is that with funds running low from the private sector, many diocesan programs depend on contracts to operate. The situation is very complicated, because the laws that are on the table would threaten those services. But it would be the poor who would be punished, not the legislators, if the Archdiocese closes these programs or chooses not to take further referrals from the state.
Fraternally,
Br. JR, OSF