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VOL. 31, NO. 49
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Friday, December 11, 1987
FALL RIVER, MASS.
Joint blessing historic first VATICAN CITY (NC) - Pope J oh'n Paul II, in a liturgical celebration attended by the spiritual leader of the world's Orthodox Christians, defended papal primacy as an essential ministry, but said it was open to some change in the way it is carried out. Later, in an unprecedented ecumenical gesture, the pope invited Ecumenical' Patriarch Dimitrios I of Constantinople to join him in blessing a crowd of some 50,000 people from the central balcony of St. Peter's Basilica. The Mass and blessing Dec. 6 were the highlights of a five-day visit by the patriarch to the Vatican, and the events illustrated both the progress and limits 0[.23 years of Catholic-Orthodox dialogue. In a homily pronounced a few feet from the seated patriarch, from the basilica's main altar, the pope made an unusually direct assessment of what experts say is the most ,difficult division between Catholics and Orthodox: the role of the pope. The pope appeared to reject the traditional Orthodox view of papal primacy as one of special honor only. But he described the papacy in terms of ministry rather than authority, and said there was room for theological development of the "forms" in which this ministry is exercised. Therefore, the pope said, he was asking pastors and theologians of both churches to f.search together for the forms under which this ministry can be a service of love, recognized by one another." The pope also indicated openness to the traditional independence of Eastern churches. Many of them followed their own disciplines well before the II th-century split with Rome, he said. "I would like to assure you, Holiness, that the See of Rome, attentive to everything that church tradition signifies, desires to fully respect this tradition of the church of the East," the pope said. The Mass contained moments of both communion and separation. The pope and patriarch recited the Creed together, symbolically ending one of the oldest theological disputes between the churches: the addition, considered unwarranted by the Orthodox, of the "filioque" clause in the Nicene Creed. The clause states that the Holy Spirit proceeds from the Father "and the Son." The Orthodox formula has the Holy Spirit proceeding only from the Father. The issue was resolved earlier this year wl,len both sides agreed that in common prayer, th(;:Y should go back to the fourth-century form of the Creed - without the"filioque" addition. Turn to Page Six
Southeastern Massachusetts' Largest Weekly
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58 Per Year
High court takes pro-life -case
THE MEMORIAL of Our Lady of Guadalupe, celebrated tomorrow, has been named a feast for the United States by the National Conference of Catholic Bishops. (NC photo)
WASHINGTON (NC) - The U.S. Supreme Court said Dec. 7 that it will hear an appeal from the nation's Catholic bishops of a federal court order to turn over exten, sive files on their pro-life activities to Abortion Rights Mobilization or face $100,OOO-a-day fines for contempt of court. The high court decision to hear the appeal marks another major phase in seven years of procedural wrangling over Abortion Rights Mobilization's court efforts to force withdrawal of the tax-exempt status of the Catholic Church in the United States. In the underlying lawsuit the abortion rights organization accuses the Catholic Church of having violated Internal Revenue ,Service laws for tax-exempt religious and charitable organizations by politicking for anti-abortion candidates and against pro-abortion candidates. Msgr. Daniel F. Hoye, general secretary of the National Conference of Catholic Bishops and U.S. Catholic Conference," in a statement released shortly after the Supreme Court announcement, said he hoped acceptance of the case by the high court "signals that a favorable end to this burdensome and intrusive case is in sight." He said federal courts so far have been "insensitive" to objections raised by the government and the church over whether the courts have jurisdiction to intervene in the case. He added that he expected the high court to hear oral arguments in the case in the spring. If it does, a decision in the case most likely would be issued before the end of the court's current term next summer. The court's Dec. 7 action further delayed imposition of the $100,000a-day fines, which were first imposed but then delayed pending appeal in May 1986 by U.S. District Judge Robert Carter of New York, who has been hearing the underlying case. Immediate issues before the Supreme Court include: - Whether the NCCB and USCC, the bishops' national agencies which were drawn into the lower-court case as witnesses representing the Catholic Church in the country, have legal standing to appeal the subpoenas in the lower court ordering them to produce internal church documents. - Whether the subpoenas violate the church's rights to free exercise of religion. " - Whether the U.S. district court hearing the lawsuit has jurisdiction to hear it or acted improperly in accepting it.
Related to the jurisdiction issue are numerous legal questions, chief among them: - Do Abortion Rights Mobilizaiton and other plaintiffs meet legal requirements for "standing" to sue the federal government over its decisions on the tax-exempt status of a religious body? - Does court intervention in the case violate the executive branch's legal discretionary authority in determining which orga'nizations qualify for tax exemption? A_ Supreme Court .ruling need not deal with all issues raised. Often decisions are rendered narrowly on the basis of only one or two legal questions, leaving others to be resolved at another time. The federal government and a wide coalition of non-Catholic church groups had joined NCCBUSCC in asking the Supreme Court to hear the appeal. They, with the bishops, argued that the low'er court overreached its authority in its acceptance and pursuit of the case, infringing on First Amendment rights of the church and the proper discretionary powers of the executive branch. Abortion Rights Mobilization and fellow plaintiffs in the original suit urged the high court to dismiss the appeal, arguing that the lower court was acting properly and the bishops were "recalcitrant witnesses" with no legal basis for questioning the plaintiffs' right to sue. The most favorable decision for the NCCB-USCC in the appeal would be outright dismissal of the whole case by the Supreme Court. For Abortion Rights Mobilization, the best result would be an , Turn to Page Six
Bishop released from hospital His Excellency, the Most Rev. Daniel A. Cronin, Bishop of the Diocese of Fall River, was released Dec. 7 by his doctor from St. A~ne's Hospital, Fall River. The bishop was admitted to the hospital Dec. 5 after suffering internal discomfort. He was diagnosed as having reflux esophagitis due to a hiatal hernia. The condition is easily corrected hy diet and exercise. Bishop Cronin, who will continue to fulfill his busy schedule, is grateful for the many expressions of concern he has received and for the prayers offered on his behalf.