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Sunday, 09 October 2011 08:48

Catholic Charities to file appeal in Appellate Court on religious freedom protection

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Court denies stay; state begins to transfer adoption and foster cases to other agencies

The Thomas More Society has until Oct. 26 to file an appeal in the Illinois 4th District Appellate Court in Springfield on behalf of Catholic Charities agencies in Springfield, Belleville and Joliet, if the agencies have a chance to remain in the field of providing foster care and adoption services for the state.

Despite its name — the Religious Freedom Protection and Civil Unions Act — the legislation which became law June 1 has meant anything but "religious freedom" for Catholic Charities agencies.

"Catholic faith beliefs are grounded in the sanctity of marriage," said Steve Roach, executive director of Catholic Charities in the Springfield diocese. Roach, and other Catholic Charities directors, and officials from the Catholic Conference in Illinois, met with state Department of Children and Family Services officials as well as members of the General Assembly during the spring legislative session, to explain their position and proposed a solution as to what they would do to continue to serve children and families in foster care and adoptions.

"We would refer cohabitating couples and civil union couples who come to us for foster care or adoptions to other agencies in the field who would help them," Roach said.

But the proposed legislation never made it out of committee to be addressed on the floor of either the Senate of House floor.

In an emergency hearing Sept. 26, Circuit Court Judge John Schmidt denied Catholic Charities defense council's appeal to halt procedures to remove adoption and foster care cases from Catholic Charities, and transfer them to other agencies.

At a hearing before Judge Schmidt earlier last month, after which he ruled Catholic Charities was not guaranteed renewal of its contract even though it has a 40-year history of working with the state agency, and has been cited on numerous occasions for the quality of service it delivered for the state, DCFS began removing cases from Catholic Charities.

Catholic Charities asked for a stay, but at an emergency hearing held over the lunch hour on Judge Schmidt denied the stay.

"The denial of the stay is very troubling," Peter Breen, executive director and legal council of the Thomas More Society, said after the hearing. The society is representing Catholic Charities in the legal action.

"There are hundreds of employees involved. We want a final judgment," Breen said.

"You can look at any organization — what happens when 50 percent of the personnel are let go? In the case of Belleville, (it would be) 72 percent. Imagine any business getting rid of half its revenue? The Supreme Court allows for a stay. They (DCFS) are playing pinball with kids," Breen said.

"What we would say is to allow the court process to play itself out. We are having our free practice of religion challenged."

Steve Roach, director of Springfield Catholic Charities was present at the hearing.

"We continue to maintain that Catholic Charities is in full compliance with the Religious Freedom Protection and Civil Unions Act as it was written and intended," Roach said. "We remain hopeful that the merits of our case will be heard in the appellate court."

Bishop Thomas John Paprocki said in his Oct. 9 column in Catholic Times, "The state's relentless drive to push Catholic Charities out of foster care services is eerily reminiscent of Soviet-style repression of religion. It is still to be hoped that some branch of government — executive, legislative or judicial — will provide true religious freedom protection if the so-called Religious Freedom Protection and Civil Unions Act is to be anything more than an Orwellian farce."