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7th Circuit: Federal courts or juries can’t decide religious questions

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Taking up three appeals stemming from a lawsuit filed surrounding control of religious documents and artifacts from the appearance of the Virgin Mary, the 7th Circuit Court of Appeals found that a federal judge erred in ruling that it should be up to a jury to decide whether a party to the lawsuit is still a religious sister.

Kevin B. McCarthy, et al., and Langsenkamp Family Apostolate, et al. v. Patricia Ann Fuller, et al., 12-2157, 12-2257, 12-2262, has been pending in federal court in Indianapolis for five years. The lawsuit is over who can be allowed to promote devotions to Our Lady of America and who may possess related artifacts. Sister Mary Ephrem saw the Virgin Mary appear in Rome City, Ind. in 1956 and programs of devotions to Our Lady were created. Ephrem was a member of the Congregation of the Sisters of the Most Precious Blood of Jesus when she and two other women broke off and created their own congregation. When Ephrem died, she left all her possessions – which were related to Our Lady – to Sister Mary Joseph Therese, born Patricia Fuller.

In 2005, attorney Kevin McCarthy and Albert H. Langsenkamp worked out an agreement to help Fuller with the devotions to Our Lady. But they had a falling out in 2007, leading to this suit over who should own the possessions and promote Our Lady. The main issue the 7th Circuit looked at was the claim McCarthy made that Fuller is a “fake nun,” which led to Fuller’s defamation counterclaim. McCarthy obtained a statement from the Apostolic Nunicature of the Holy See that Fuller is no longer a nun or religious sister and hasn’t been since 1983.

Judge William Lawrence decided that this issue should go before a jury. The 7th Circuit obtained a 51-page amicus brief from the Holy See on whether Fuller is still a member of a religious order. The Holy See said she is not since she left and joined the new congregation.

“In it the Holy See has spoken, laying to rest any previous doubts: Fuller has not been a member of any Catholic religious order for more than 30 years. Period. The district judge has no authority to question that ruling. A jury has no authority to question it. We have no authority to question it,” Judge Richard Posner wrote.

The 7th Circuit dismissed the other two appeals before it for either being premature or not final rulings.

 

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  1. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  2. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  3. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  4. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  5. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

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