Cardinal Burke Adresses Catholic Higher Education

With a prayer that our catholic colleges and universities read this and have the courage to follow it’s path.

Cardinal Raymond Burke is underlining the importance of Catholic higher education, and the need for these institutions to keep their identity strong. The prefect of the Supreme Tribunal of the Apostolic Signatura gave an address at the Thomas More College of Liberal Arts, where he affirmed the importance that "the Church has consistently assigned to Catholic higher education, in order that 'the convergence of faith and reason in the one truth may be seen more clearly.

'"He stated that the Catholic university that "is true to her identity will help students to be strong in giving an account of their faith in their vocation in life, whether it be the married life, the dedicated single life, the consecrated life or the ordained priesthood, and in whatever field of human endeavor they engage, resisting the secularist dictatorship which would exclude all religious discourse from the professions and from public life in general."

"Without in any way neglecting the acquisition of useful knowledge, a Catholic university is distinguished by its free search for the whole truth about nature, man and God," the prelate affirmed.He continued: "In a society which is marked by a virulent secularism which threatens the integrity of every aspect of human endeavor and service, for example, medicine, law, government and higher education itself, the service of the Catholic university is more needed than ever.

"How tragic that the very secularism which the Catholic university should be helping its students to battle and overcome has entered into several Catholic universities, leading to the grievous compromise of their high mission."The cardinal noted, "At the Catholic university, students should be equipped, through their study and research, to address the truth of the Decalogue and of the Golden Rule to their own personal lives and to the life of the society in which they live."In this light, he referenced "Ex Corde Ecclesiae," lauding the Thomas More College for its compliance with the document and its efforts as a Catholic institution.Study and researchCardinal Burke affirmed, "At the Catholic university, the very manner of study and research should manifest the bankruptcy of the abuse of human life and human sexuality, which has come to be standard on many university campuses, and the bankruptcy of the violation of the inviolable dignity of human life, of the integrity of marriage, and of the right order of our relationship to one another and to the world, in general, which is the trademark of our culture, a culture of violence and death."

"The first and chief teacher at every institution of Catholic higher education is Our Lord Jesus Christ," he affirmed, "who is the fullness of the revelation of God to us.""A Catholic college or university, at which Jesus Christ alive in his Church is not taught, encountered in the Sacred Liturgy and its extension through prayer and devotion, and followed in a life of virtue is not worthy of the name," the prelate added.He stated that "the presence of Our Lord Jesus Christ on the campus of the Catholic college and university is not something additional to or even extraneous to the pursuit of truth."The cardinal continued, "It is, rather, he alone who inspires, guides and disciplines professors and students, so that they remain faithful in the pursuit and do not fall prey to the temptations which Satan cleverly offers to corrupt us whenever we set out to attain a great good."
MERRIMACK, New Hampshire, DEC. 15, 2010 (Zenit.org).

Still waiting on Judge Reinhardt

Today Ed Whelan reminds us that when Judge Reinhardt refused to recuse himself from the Perry v Schwarzenegger appeal, he promised to offer evidence of his ability to rule impartially "in due course." Here is Mr. Whelan's post. Emphasis added.

Is Reinhardt Just Blowing Smoke?--Two Weeks and Counting

"Two weeks ago, Ninth Circuit judge Stephen Reinhardt immediately denied the motion to disqualify himself from hearing the Prop 8 appeal—a motion based on his wife’s involvement (see here, here, and here) in the very case. In his cursory order, Reinhardt stated that he was “certain” that “a reasonable person with knowledge of all the facts would [not] conclude that [my] impartiality might reasonably be questioned.” But Reinhardt gave not a hint of the reasons that would justify his conclusion, instead promising that he would provide such reasons “in a memorandum to be filed in due course.”

As I explained, I strongly suspected that Reinhardt was just blowing smoke and that he had not in fact worked his way to his conclusion. Indeed, had he done so, it should have been a simple matter for him to set forth his reasons—and he should have seen the strong public interest in promptly dispelling the ethical cloud over his participation. In the meantime, a liberal commentator who opposes Prop 8 has called for Reinhardt’s disqualification, and I’m not aware of any legal ethicist who has defended Reinhardt’s continued involvement.

Every passing day makes it more likely that Reinhardt raced to issue his denial order merely because he saw it as in his interests to do so (for the reasons explained in point 2 of my previous post)."

Christmas Catechism Lesson

There is one Christmas Carol that has always baffled me. Who in the world do leaping lords, French hens, swimming swans, and especially the partridge that won't come out of the pear tree have to do with Christmas?

This week, I found out.

From 1558 until 1829, Roman Catholics in England were not permitted to practice their faith openly. Someone during that era wrote this carol as a catechism song for young Catholics. It has two levels of meaning: the surface meaning plus a hidden meaning known only to members of their church. Each element in the carol has a code word for a religious reality which the children could remember.

-The partridge in a pear tree was Jesus Christ.

-Two turtle doves were the Old and New Testaments.

-Three French hens stood for faith, hope and love.-

-The four calling birds were the four gospels of Matthew, Mark, Luke &John.

-The five golden rings recalled the Torah or Law, the first five books of the Old Testament.

-The six geese a-laying stood for the six days of creation.

-Seven swans a-swimming represented the sevenfold gifts of the Holy Spirit--Prophesy, Serving, Teaching, Exhortation, Contribution, Leadership, and Mercy.

-The eight maids a-milking were the eight beatitudes.

-Nine ladies dancing were the nine fruits of the Holy Spirit--Love, Joy, Peace, Patience, Kindness, Goodness, Faithfulness, Gentleness, and Self Control.

-The ten lords a-leaping were the ten commandments.

-The eleven pipers piping stood for the eleven faithful disciples.

-The twelve drummers drumming symbolized the twelve points of belief in the Apostles' Creed.

So there is your history for today: how that strange song became a Christmas Carol.
Sent by Bro. Noel De Bruton, S.D.B

Adult Stem-Cell UPDATE: HIV-Postive Man Cured by Transplant

We just can't keep up with all the great adult stem-cell news. The latest: an HIV-postive man in Berlin has been cured. From Fox News:

"Doctors believe a 42-year-old man was cured of HIV after receiving a stem cell transplant in 2007, the medical journal Blood reported.

Timothy Ray Brown, an HIV-positive American living in Germany, had leukemia and was undergoing chemotherapy, when he received a transplant of stem cells from a donor carrying a rare, inherited gene mutation associated with a reduced risk HIV.

The transplant appeared to wipe out both diseases, giving hope to doctors. Brown’s case was published in a February 2009 issue of the New England Journal of Medicine.

"The patient is fine," Dr. Gero Hutter, who treated Brown, of Charite Universitatsmedizin Berlin in Germany said in 2009. "Today, two years after his transplantation, he is still without any signs of HIV disease and without antiretroviral medication."

We repeat what has been one of our mantras here at "A Shepherd's Voice" ever since Prop 71 in California passed:

"Are California voters having second thoughts yet about shelling out $3 billion + for immoral & unproven embryonic stem cell research, which has yet to show a single cure, while adult stem cells are curing people left and right?"

Meanwhile, our President funds this useless and immoral embryonic reasearch.

For all of our stem -cell posts, go here, and, as always, check out the blog of Don Margolis for the latest adult stem-cell (or as Don calls them "repair stem cell") news.

Our Lady of Guadalupe, pray for us!

The good people of San Francisco marching in honor of Nuestra Senora de Guadalupe on Mission Street this weekend.



h/t Whispers in the Loggia, where there are many more videos of marches around the country.

Kill,kill kill

"Kill, kill, kill," was the battle cry of suicide bombers belonging to the Islamic State of Iraq, a militant organization connected to al Qaeda in Iraq, as they stormed a Chaldean church in Baghdad. A spokesman for the group subsequently claimed they did so "to light the fuse of a campaign against Iraqi Christians." The assailants' more immediate grievance seems related to a demand that two Muslim women, allegedly held against their will in Egyptian Coptic Monisteries. Wen Iraqi government forces attempted to free approximately 120 parishioners who had been taken hostage, the terrorists -- who had already shot dead some of the churchgoers -- detonated their suicide vests and grenades, slaughtering at least half the congregation.

But the massacre in Baghdad is only the most spectacular example of mounting discrimination and persecution of the native Christian communities of Iraq and Iran, which are now in the middle of a massive exodus unprecedented in modern times as they confront a rising tide of Islamic militancy and religious chauvinism sweeping the region.

Christians are the largest non-Muslim religious minority in both Iraq and Iran, with roots in the Middle East that date back to the earliest days of the faith. Some follow the Apostolic Orthodox Armenian Church. Others subscribe to the 2,000-year-old Syriac tradition represented mainly by the Chaldean Catholic Church in Iraq…

A member of the National Council of Churches in Iran, Firouz Khandjani, lamented in August, "We are facing the worst persecution" in many decades, including loss of employment, homes, liberties, and lives, he said, "We fear losing everything."

In Iraq, Chaldean and Assyrian Christian communities have witnessed increasing violence by militant Muslims against their neighborhoods, children, and religious sites since the U.S. invasion. Even pastors are not safe -- two died in the recent Baghdad bombing; many have been killed by Sunni and Shiite Iraqis since 2003. In Iran, other clergymen, including members of the Armenian, Protestant, and Catholic churches, have been arrested, kidnapped, imprisoned, tortured, or even summarily executed, over the past three decades.

"Many Christians from Mosul have been systematically targeted and are no longer safe there," said Laurens Jolles, a UNHCR representative, in 2008, after Chaldean women were raped while their men, including Archbishop Paulos Faraj Rahho, were tortured and killed in warnings to Christians to abandon their homes and livelihoods. In Iran, Christian clerics have been targeted -- Tateos Mikaelian, senior paor of St. John's Armenian Evangelical Church in Tehran was assassinated in 1994, as was Bishop Haik Hovsepian Mehr, who headed the evangelical Assemblies of God Church...
FP magazine-EDEN NABY, JAMSHEED K. CHOKSY

"What is Marriage?"

There is a wonderful essay answering that question in the Harvard Journal of Law and Public Policy. The authors are Sherif Girgis and Robert George of Princeton and Ryan T. Anderson of Notre Dame. You can download it here. We've excerpted a portion below.

B) Real Marriage IS--And Is Only--The Union of Husband and Wife

As many people acknowledge, marriage involves: first, a comprehensive union of spouses; second, a special link to children; and third, norms of permanence, monogamy, and exclusivity. All three elements point to the conjugal understanding of marriage.

1) Comprehensive Union

Marriage is distinguished from every other form of friendship inasmuch as it is comprehensive. It involves a sharing of lives and resources, and a union of minds and wills—hence, among other things, the requirement of consent for forming a marriage. But on the conjugal view, it also includes organic bodily union. This is because the body is a real part of the person, not just his costume, vehicle, or property. Human beings are not properly understood as nonbodily persons—minds, ghosts, consciousnesses—that inhabit and use nonpersonal bodies. After all, if someone ruins your car, he vandalizes your property, but if he amputates your leg, he injures you. Because the body is an inherent part of the human person, there is a difference in kind between vandalism and violation; between destruction of property and mutilation of bodies.

Likewise, because our bodies are truly aspects of us as persons, any union of two people that did not involve organic bodily union would not be comprehensive—it would leave out
an important part of each person’s being. Because persons are body‐mind composites, a bodily union extends the relationship of two friends along an entirely new dimension of their being
as persons. If two people want to unite in the comprehensive way proper to marriage, they must (among other things) unite organically—that is, in the bodily dimension of their being.

This necessity of bodily union can be seen most clearly by imagining the alternatives. Suppose that Michael and Michelle build their relationship not on sexual exclusivity, but on tennis
exclusivity. They pledge to play tennis with each other, and only with each other, until death do them part. Are they thereby married? No. Substitute for tennis any nonsexual activity
at all, and they still aren’t married: Sexual exclusivity— exclusivity with respect to a specific kind of bodily union—is required. But what is it about sexual intercourse that makes it
uniquely capable of creating bodily union? People’s bodies can touch and interact in all sorts of ways, so why does only sexual union make bodies in any significant sense “one flesh”?

Our organs—our heart and stomach, for example—are parts of one body because they are coordinated, along with other parts, for a common biological purpose of the whole: our biological life. It follows that for two individuals to unite organically, and thus bodily, their bodies must be coordinated for some biological purpose of the whole.

That sort of union is impossible in relation to functions such as digestion and circulation, for which the human individual is by nature sufficient. But individual adults are naturally incomplete with respect to one biological function: sexual reproduction. In coitus, but not in other forms of sexual contact, a man and a woman’s bodies coordinate by way of their sexual organs for the common biological purpose of reproduction. They perform the first step of the complex reproductive process. Thus, their bodies become, in a strong sense, one—they are biologically united, and do not merely rub together—in coitus (and only in coitus), similarly to the way in which one’s heart, lungs, and other organs form a unity: by coordinating for the biological good of the whole. In this case, the whole is made up of the man and woman as a couple, and the biological good of that whole is their reproduction.

Here is another way of looking at it. Union on any plane— bodily, mental, or whatever—involves mutual coordination on that plane, toward a good on that plane. When Einstein and Bohr discussed a physics problem, they coordinated intellectually for an intellectual good, truth. And the intellectual union they enjoyed was real, whether or not its ultimate target (in this case, a theoretical solution) was reached—assuming, as we safely can, that both Einstein and Bohr were honestly seeking truth and not merely pretending while engaging in deception or other acts which would make their apparent intellectual union only an illusion.

By extension, bodily union involves mutual coordination toward a bodily good—which is realized only through coitus. And this union occurs even when conception, the bodily good toward which sexual intercourse as a biological function is oriented, does not occur. In other words, organic bodily unity is achieved when a man and woman coordinate to perform an act of the kind that causes conception. This act is traditionally called the act of generation or the generative act;if (and only if) it is a free and loving expression of the spouses’ permanent and exclusive commitment, then it is also a marital act.

Because interpersonal unions are valuable in themselves, and not merely as means to other ends, a husband and wife’s loving bodily union in coitus and the special kind of relationship to
which it is integral are valuable whether or not conception results and even when conception is not sought. But two men or two women cannot achieve organic bodily union since there is no bodily good or function toward which their bodies can coordinate, reproduction being the only candidate. This is a clear sense in which their union cannot be marital, if marital means comprehensive and comprehensive means, among other things, bodily.

Army, Air Force, Marine Chiefs Against DADT Repeal

Contrary to the statements in the local press, most of the officers of our armed forces are not in agreement with changing the Don't Ask, Don 't tell policy:

December 3, 2010 12:19 PM
At today's Senate hearing, three of the four service chiefs expressed opposition to repealing the Don't Ask, Don't Tell (DADT) policy on gays in the military. "My recommendation is that we should not implement repeal at this time," said Marine Corps commandant General James F. Amos (watch his opening statement here). "I cannot reconcile, nor turn my back on the Marines most engaged in the day-to-day work of operations in Afghanistan," said Amos. The Pentagon's survey showed that 67% of Marines in combat arms units--infantry, artillery, armor--believe repealing DADT would have a negative effect on their unit's performance.

"What the survey did not identify is the risk to the force should repeal be undertaken while the Corps is engaged in its 9th year of combat operations," Amos said. "Assimilating openly homosexual Marines into the tightly woven fabric of our combat units has strong potential for disruption at the small-unit level, as it will no doubt divert leadership, attention away from an almost singular focus of preparing units for combat."Amos later quoted a Marine lieutenant, who wrote in a letter: "My team's effectiveness is directly tied to its cohesiveness. Despite differences, we are so close that we anticipate each other's next move in garrison and in combat. Our ability to do our job is predicated on this kind of relationship. If you were to add any element of sexual competition, inter-unit sexuality, or hesitance in trust, it would unquestionably prevent those bonds from forming or immediately destroy them if introduced."

While the chief of the Navy, Admiral Gary Roughead, supports repeal, the chiefs of the Army and Air Force do not. Said Army Chief of Staff General George Casey: "Implementation of repeal of DADT in the near term will 1) add another level of stress to an already stretched force; 2) be more difficult in combat arms; and 3) be more difficult for the Army than the report suggests."
"I believe that the law should be repealed eventually," Casey said later under questioning from Senator John McCain. "I would not recommend going forward at this time."

"I agree with General Casey," said Air Force chief General Norton A. Schwartz. "I do not think it prudent to seek full implementation in the near-term."
John McCormack
Weekly Standard.

Seventh Annual Walk for Life West Coast!

Right here in San Francisco on Saturday, January 22, 2011! Here's the official video from the 2010 Walk:



For more information, visit http://www.walkforlifewc.com/

Judge Reinhardt rules against recusing himself--Pro same-sex "marriage" columnist says he should have

No surprise. Emphasis added.

"I have before me defendants-intervenors-appellants’ motion to disqualify myself from this appeal. I have not hesitated to recuse from cases in the past when doing so was warranted by the circumstances. See Khatib v. County of Orange, 622 F.3d 1074, 1074 (9th Cir. 2010); Mohamed v. Jeppesen Dataplan, Inc., 586 F.3d 1108, 1109 (9th Cir. 2009); Buono v. Kempthorne, 527 F.3d 758, 760 (9th Cir. 2008); Sw. Voter Registration Educ. Project v. Shelley, 344 F.3d 913, 914 (9th Cir. 2003); Valeria v. Davis, 320 F.3d 1014, 1015 n.** (9th Cir. 2003); Alvarez-Machain v. United States, 284 F.3d 1039, 1039 n.1 (9th Cir. 2002); Coalition for Econ. Equity v. Wilson, 122 F.3d 692, 711 (9th Cir. 1997).

Here, for reasons that I shall provide in a memorandum to be filed in due course, I am certain that “a reasonable person with knowledge of all the facts would [not] conclude that [my] impartiality might reasonably be questioned.” (see below) United States v. Nelson, 718 F.2d 315, 321 (9th Cir. 1983); see also Sao Paulo State of the Federated Republic of Brazil v. Am. Tobacco Co., 535 U.S. 229, 233 (2002) (per curiam). I will be able to rule impartially on this appeal, and I will do so. (Well, that settles that.)

The motion is therefore DENIED."

Ed Whelan links to a column written yesterday by Ann Woolner on Bloomberg News. Ms. Woolner supports same-sex "marriage" but even she sees the problem with Reinhardt's not recusing himself.

"Like Virginia Thomas, (Ramona Ripston) can say whatever she believes about any case, even if her husband may eventually help decide it. But Ripston did more than that. The organization she works for advocated the same cause in a state court that is now being advocated before her husband in federal court.

No Recuse

True, the cases aren’t identical, as the current case claims same-sex marriage is protected by the U.S. Constitution, whereas the earlier one was based on the California state constitution.

Reinhardt said yesterday in an order that he’s not going anywhere.

'I will be able to rule impartially on this appeal, and I will do so,' he wrote.

It seems like a close call to me, and because of that, he should have stepped aside. The link between his wife’s legal work and his judicial work is too close.

The over-arching principle as to when federal judges should recuse themselves is whether the mere appearance of bias is reasonable. That’s according to the federal judiciary’s Code of Conduct and Supreme Court precedent. I think it’s reasonable in Reinhardt’s case."

According to Judge Reinhardt's satement, Ms. Woolner has just joined the ranks of the unreasonable.

Ed Whelan: Judge Reinhardt MUST Disqualify Himself in Prop 8 Appeal

Ed Whelan lays out a pretty conclusive case that Judge Reinhardt must disqualify himself:

"A quick follow-up to my post on how the role of Ramona Ripston—Judge Reinhardt’s wife—in consulting with plaintiffs’ counsel about whether they should file the suit requires Reinhardt to disqualify himself from the Prop 8 appeal:

It turns out that there’s a compelling—indeed, I would say conclusive—second and independent basis for Reinhardt’s disqualification:

Ripston heads, and Mark Rosenbaum is legal director for, the ACLU of Southern California. According to that organization’s website, the ACLU of Southern California “is comprised of three separate corporate entities,” one of which is the ACLU Foundation of Southern California. According to its annual report, Ripston is also executive director of the ACLU Foundation of Southern California. (See her signature line on page 2 of the report, which identifies her as “Executive Director” of “ACLUF/ACLU of Southern California.” From the context of the accompanying signatures, it’s clear that “ACLUF” stands for “ACLU Foundation.”)

The California Lawyer article presents Rosenbaum as the ACLU lawyer whom plaintiffs’ lawyers consulted in connection with a June 25, 2009, amicus brief submitted in the district court on behalf of the national American Civil Liberties Union. Further, both that amicus brief and the motion for leave to file it list Rosenbaum (and Lori Rifkin) of the “ACLU Foundation of Southern California” among the signatories.

In short, the entity that Ripston heads took part as counsel to an amicus in this very case in the district court.

Canon 3.C of the Code of Conduct for United States Judges provides a non-exhaustive list of circumstances in which a judge must disqualify himself on the ground that his “impartiality might reasonably be questioned.” Subpart (1)(d) states that those circumstances “includ[e] but [are] not limited to instances in which … the judge’s spouse … is (i) a party to the proceeding, or an officer, director, or trustee of a party; or (ii) acting as a lawyer in the proceeding.” Addendum: Federal statutory law (28 U.S.C. § 455) sets forth virtually identical grounds for disqualification."

If he maintains his own policy, Judge Reinhardt will disqualify himself. Mr Whelan links to a post by law blogger Eugene Volokh:

"According to a post months ago by Eugene Volokh, Judge Reinhardt’s established (and unsurprising) policy is to disqualify himself from cases involving the ACLU of Southern California."

3 Judge Panel for Prop 8 Appeal Announced

It's Judges Stephen Reinhardt, Michael Daly Hawkins, and N. Randy Smith of the Ninth Circuit.

Pro counterfeit "marriage" law Professor Dale Carpenter says this is a good draw for the opponents of Prop 8. Judge Reinhardt is considered to be the most liberal federal judge in the land.

On the other hand, Orin Kerr writes:

"...I would think it is bad news for opponents of Prop 8 in the long term. It goes without saying that Reinhardt will vote the liberal way, and he’ll likely have Hawkins with him. But the word “Reinhardt” is radioactive at 1 First Street. Reinhardt writes like there is no Supreme Court, and as a result his opinions have a remarkable ability to annoy the Justices. In return, the Supreme Court loves to reverse Reinhardt. They love to reverse opinions he signs, and they love to reverse opinions he participates in. So the fact that he’ll likely be involved in the panel decision probably hurts opponents of Prop 8 in the long run."

The great Ed Whelan points out:

"As regular Bench Memos readers know, Reinhardt (appointed by President Carter in 1980) may well be the most aggressive liberal judicial activist in the nation—and the most reversed judge in history."

Whatever happens, the case will go to the Supreme Court.