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Stories tagged with “University of Notre Dame

Justice

Reagan-Appointed Judge Tosses Notre Dame’s Attack On Birth Control

Last week, Reagan-appointed federal Judge Robert L. Miller dismissed the University of Notre Dame’s effort to undermine Obama Administration rules ensuring that working women will have access to birth control. The court did not reach the merits of the suit, instead dismissing it as, at best, premature:

HHS announced guidelines requiring health plans to cover contraception and abortion inducing drugs. for plan years after August 1, 2012. . . . Several months later, HHS finalized the regulation, but announced a year-long “safe harbor” from enforcement for nonprofit entities of a certain type, including the University of Notre Dame. HHS announced that it would amend the regulations before the end of the safe harbor to accommodate those entities by requiring their insurers to provide cost-free coverage for the contraceptive and abortion-related services. In furtherance of the anticipated amendment, HHS issued an Advanced Notice of Proposed Rulemaking (“ANPRM”). . . .

The present regulatory requirement isn’t sufficiently final for review to be ripe because the defendants have announced it will be modified and have underscored that announcement by providing Notre Dame with a safe harbor that protects it from the regulation as it exists today. Notre Dame lacks standing to attack the present regulatory requirement because it isn’t subject to that requirement, and, taking the defendants at their word, never will be subject to the present regulation. The defendants’ dismissal motion must granted.

For the record, Judge Miller’s claim that the regulations require coverage of “abortion inducing drugs” is completely and utterly false. The rules require coverage of “[a]ll Food and Drug Administration approved contraceptive methods, sterilization procedures, and patient education and counseling for all women with reproductive capacity.” Nothing covered by these rules — including emergency contraception — has anything to do with abortion. Indeed, increasing access to birth control will actually reduce abortions by preventing unwanted pregnancies.

Additionally, it is worth nothing that Miller’s opinion rests on a very narrow ground. Notre Dame’s case was tossed out both because it is exempted from current rules under the safe harbor for some non-profits and because the state of the rules that will apply when that safe harbor ends is in flux. Virtually every court to consider a case brought by a non-profit challenging the birth control rules has agreed with Miller that these lawsuits should not move forward for the time being, but the same cannot be said about lawsuits brought by for-profit businesses.

Under current law, these claims by for-profit businesses are especially weak. As the Supreme Court explained in United States v. Lee, “[w]hen followers of a particular sect enter into commercial activity as a matter of choice, the limits they accept on their own conduct as a matter of conscience and faith are not to be superimposed on the statutory schemes which are binding on others in that activity.” There is no guarantee, however, that the same justices who decided Citizens United will not also decide to wipe out decades of precedent governing religious employers seeking immunity to the law.

Alyssa

The Sins Of Notre Dame, And Our Obsession With Football Teams That Win ‘The Right Way’

On August 31, 2010, Lizzy Seeberg, a 19-year-old freshman at St. Mary’s College in South Bend, Indiana, was allegedly sexually assaulted in the room of a football player at the school’s sister college, Notre Dame. On September 10, Lizzy Seeberg committed suicide.

Tonight, Notre Dame will take the field in the BCS National Championship game hoping to win its first national title since 1998. Old Notre Dame’s return to the top of college football has been the story of the season, and we’re sure to hear commentators waxing poetic about how football means so much to Notre Dame and how Notre Dame means so much to football. Head coach Brian Kelly and Rev. John Jenkins, the school’s chancellor, will be hailed for returning the Fighting Irish to the promised land, and for doing so “the right way.” This university has long lived off its mystique, off the idea that it is a more moral place because it could win even more football games if only it would compromise its academic values.

But as was the case at Penn State, site of the most damning scandal in the history of college football, the definition of “right way” falls short when it comes to sexual misconduct. And so tonight, we won’t hear the story of Lizzy Seeberg, the girl who was allegedly victimized by an athlete who was doing things the “right way” on the field and in the classroom and ignored by a program that was doing things the “right way” in its balance of athletics and academics. But when Seeberg’s life was ruined, our deference to and reverence for the “right way” mentality never wavered.

Seeberg’s story hasn’t been ignored by the national media; in fact, Notre Dame’s appearance in the title game has brought it back to life, if begrudgingly so. Still, the focus of the sports media has remained largely on Notre Dame’s improbable rise to back to the top of college football decades after its heightened academic standards supposedly rendered it irrelevant. Editorials and columns have praised Notre Dame for combining academics and athletics in a way few, if any, other schools do. The school stands as a beacon of hope that football programs can “do things the right way” and still win games.

You’d think we’d have learned what our reverence for and deference to supposed “right way” institutions has wrought. Penn State under Joe Paterno was an institution that won the right way, right up until it was revealed that the school went to impossible lengths to cover up the molestation of a dozen children by former coach Jerry Sandusky. From South Bend to State College to Steubenville, misplaced priorities and win-at-all-costs mentalities have left women and children vulnerable to sexual assault and, worse, have made victims feel that reporting those assaults will lead not to justice but to character assassination and harassment. But misplaced priorities aren’t only to blame. So to is blind reverence and deference to the “right way” mentality, the idea that certain institutions are above it all. As Seeberg’s case points out, focusing solely on the balance of academics and athletics is an incredibly shallow view of what constitutes the “right way” to build a winning football program at a top-tier academic institution.

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NEWS FLASH

Catholic University Rejects LGBT Student Group | The Catholic University of American has rejected the creation of a group to support LGBT students and allies (CUAllies). According to Ryan Fecteau, the student who has organized the group, administrators considered the proposal for nine months, then announced last week it could not form because it “might become an advocacy organization.” The Catholic Church condemns homosexuality as sinful, but still claims that gay people “must be accepted with respect, compassion, and sensitivity.” The University of Notre Dame is taking steps — albeit imperfect ones — to recognize there are LGBT students on its campus with unique needs, which is apparently going too far for CUA.

LGBT

Notre Dame’s First LGBT Student Organization Will Have To Promote Chastity

Notre Dame students protest the university's silence on LGBT issues in 2010. (Photo Credit: Tribune/Marcus Marter)

The University of Notre Dame has refused to allow an organization for LGBT students to form at least 15 times, and for 15 years has refused to add sexual orientation to its nondiscrimination statement. Now, the university has announced a new comprehensive plan called, “Beloved Friends and Allies: A Pastoral Plan for the Support and Holistic Development of GLBTQ and Heterosexual Students at the University of Notre Dame.” The plan, to be implemented by next summer, includes hiring a full-time student affairs professional who will serve as advisor to a new LGBT student organization that will be a permanent part of the university (as opposed to a club that would only be temporary). Unfortunately, the news is not all good.

According to university President Fr. John Jenkins, the organization’s roots will be based in Catholic teaching, and in an interview with The Observer, glossed over the implications of what that really means:

JENKINS: It’s a rich teaching about the role of sexuality, about intimacy, about human relations, about responsibilities to the community, about relationships to the Church and I’m not evading the question but to put this in a ‘well you can do this, you can’t do that,’ is to distort the issue. I would just invite those who are wondering about it to look at this plan to reflect upon catholic teachings about these issues because I think this can be an opportunity for all of us to think about this more deeply, and at least that, that’s a wanted result.

But the “Beloved Friends and Allies” plan does specify what students can or cannot do. In accordance with the Catechism of the Catholic Church, it is based on a foundation that God demands chastity of people who are LGBT:

Thus the call to chastity represents a divine invitation to develop relationships characterized by equality, mutuality, and respect, qualities of a deeply spiritual nature, beckoning us “to follow and imitate the one who has chosen us as his friends, who has given himself totally to us and allows us to participate in his divine estate” (CCC, 2347). In beautiful terms, the Catechism proclaims that the virtue of chastity, “blossoms in friendship” and “leads to spiritual communion.” Indeed, “chastity is expressed notably in friendship with one’s neighbor. Whether it develops between persons of the same or opposite sex, friendship represents a great good for all” (CCC, 2347). [...]

At the same time, the University also adheres to the Church’s teaching concerning homosexual actions. As a result, “Homosexual persons are called to chastity” and to “friendship,” and should cultivate “the virtues of self‐mastery that teach them inner freedom” (CCC, 2359). Indeed, each and every student at Notre Dame is called to nothing less. All Notre Dame students are urged to understand and live the teachings of the Church relative to their lives and expressions of sexual intimacy.

This is particularly troubling for a university to endorse. Rather than progress for LGBT students, the new plan is more as a lateral move from ignoring them to condemning them. Catholic teaching is nothing short of a life sentence of sexual repression, denying those with same-sex orientations from ever having the opportunity to love or be loved. The Church’s Courage ministry, which promotes this chastity teaching, utilizes the same shaming tactics as ex-gay therapy to produce the same harmful and ineffective results.

Notre Dame students and their allies made national news this year with a campaign demanding that “It Needs To Get Better” on their campus. Perhaps they shouldn’t change their messaging anytime soon.

NEWS FLASH

Notre Dame Students Ask College To Drop Obamacare Lawsuit | More than 100 students, faculty, and alumni at the University of Notre Dame have signed a petition opposing the college’s decision to join a lawsuit against the constitutionality of an Obamacare regulation that requires employers and insurers to offer preventive health services — including contraception — without additional cost sharing for consumers. Notre Dame was one of 43 religious institutions that filed 12 lawsuits against rule, arguing that it infringed on their religious liberty. The petition began as a personal letter to university President Fr. John Jenkins from Kathryn Pogin, a philosophy graduate student, according to Notre Dame’s student newspaper The Observer. Polgin said, “It’s not clear to us that the University couldn’t comply with the mandate without remaining within Catholic practice.”

NEWS FLASH

43 Catholic Institutions File 12 Separate Lawsuits Against Obama’s Birth Control Rule | The University of Notre Dame, Catholic University of America, the Archdiocese of Michigan, and the Archdiocese of New York have filed a lawsuit against an Obama administration regulation requiring employers and insurers to offer preventing health services — including contraception — without additional cost sharing. The suit, one of 12 filed Monday, argues that the requirement violates the Catholic institutions’ religious freedom — even though regulators have included an accommodation for religious organizations. Planned Parenthood President Cecile Richards has called the challenges “unbelievable” and claimed, “This isn’t a religious or political issue – it’s a medical issue, and that’s where we should keep it.” An overwhelming majority of Americans — and Catholics — support the coverage rule.

Update

Ian Millhiser points out that eight years ago, a similar case against contraceptive access “earned barely any support even on one of the most Republican courts in the country.”

LGBT

It’s Still Not Getting Better At The University Of Notre Dame

Under the guise of “enhancing support,” administrators at the University of Notre Dame made it clear last week that they are not making any serious changes to support gay, lesbian, bisexual, and questioning members of its campus community. Students, faculty, and staff have spent the spring demanding that “It needs to get better,” but according to a news release, the university is not adding sexual orientation to its non-discrimination policy, nor is it taking steps to allow a student gay-straight alliance to form on campus — which it has previously rejected 15 times.

Instead, administrators merely committed to more “ongoing dialogue,” falling back on the university’s 15-year-old “Statement of Inclusion,” which recognizes gays and lesbians as members of the community but offers them no legal protections. Vice President for Student Affairs Rev. Thomas P. Doyle tried to make it sound like the campus environment had dramatically changed in the interim:

DOYLE: The University has made significant progress over the past 15 years in its support for gay, lesbian, bisexual and questioning students, but we’ve always emphasized the desire to continuously improve and to be responsive to student concerns. The conversations between students and the administration both recently and over the past several years have been very important.

This is unhelpful pandering. Conversations only lead to change if the invested parties listen to each other, and Doyle’s remarks demonstrate that administrators are clearly not listening to the community’s concerns. Notre Dame trustees last voted against adding sexual orientation protections fifteen years ago, and in those fifteen years, nothing has changed. In fact, the status quo dates back to 1977, when trustees expressed concern that non-discrimination protections could inhibit the university’s ability to “make decisions that are necessary to support Catholic Church teaching.”

Administrators claim they are committed to “improving awareness.” Perhaps they had best begin with their own.

Justice

Notre Dame Professors Call For Bishop To Apologize or Resign From Notre Dame Board For Comparing Obama To Hitler

Bishop Daniel Jenky

Last week, Catholic Bishop Daniel Jenky sparked national outrage when he compared President Barack Obama to Adolf Hitler and Josef Stalin. In response to this indefensible statement, a large group of Notre Dame professors called for Jenky to either apologize to Obama or resign from the Catholic university’s board. As of this writing, 84 professors are listed as signatories to the letter:

As you will be aware, the Bishop Daniel Jenky, a member of Notre Dame’s Board of Fellows, has been widely quoted for a homily in which he described President Obama as “seem[ing] intent on following a similar path” to Hitler and Stalin. Jenky’s comments demonstrate ignorance of history, insensitivity to victims of genocide and absence of judgment.

We accept that Jenky’s comments are protected by the First Amendment, but we find it profoundly offensive that a member of our beloved University’s highest authority, the Board of Fellows, should compare the president’s actions with those whose genocidal policies murdered tens of millions of people, including the specific targeting of Catholics, Jews and other minorities for their faith.

We request that you issue a statement on behalf of the University that will definitively distance Notre Dame from Jenky’s incendiary statement. Further, we feel that it would be in the best interest of Notre Dame if Jenky resigned from the University’s Board of Fellows if he is unwilling to renounce loudly and publicly this destructive analogy.

A public petition calling for Jenky to apologize has also received nearly 14,000 signatures. You can sign that petition here.

NEWS FLASH

Notre Dame Faculty Supports Gay Group’s Recognition And Protection | Echoing a renewed cry that “it needs to get better” at University of Notre Dame, the Faculty Senate has joined the Student Senate in passing two resolutions supporting improvements for gay students. The first resolution endorses university recognition for a gay-straight alliance and the second proposes adding sexual orientation to the university’s non-discrimination clause. University administrators have not yet commented on the resolutions, but given this is the first time the Faculty Senate has ever formally discussed LGBT issues, its support for students could mark a monumental step forward for improving life on campus.

LGBT

Notre Dame LGBT Community: ‘It Needs To Get Better’

Students and staff at the University of Notre Dame have created a video called, “It Needs To Get Better.” They highlight that the administration has rejected proposals to create a gay-straight student alliance fifteen times and urge administrators to adopt non-discrimination policies that protect LGBT members of the community from discrimination. Watch it:

Fifteen years ago, the university adopted a “spirit of inclusion” statement that reads in part:

We welcome all people, regardless of color, gender, religion, ethnicity, sexual orientation, social or economic class, and nationality, for example, precisely because of Christ’s calling to treat others as we desire to be treated. We value gay and lesbian members of this community as we value all members of this community. We condemn harassment of any kind, and University policies proscribe it. We consciously create an environment of mutual respect, hospitality and warmth in which none are strangers and all may flourish.

But that sentiment clearly does not reflect the current campus climate for LGBT students. The Princeton Review has ranked Notre Dame as one of the top six most LGBT-unfriendly campuses in the country, and the university does not even participate in the Campus Climate Index. A 2010 cartoon published in the student newspaper, The Observer, featured the anti-gay joke “What’s the easiest way to turn a fruit into a vegetable? A baseball bat.” The newspaper apologized, but the incident inspired students to protest campus policies. Apparently those concerns persist to this day.

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