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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. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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