One nation, under judgment, with consequences for all

No one expects this past summer’s Federal court decision striking “under God” from the Pledge of Allegiance to stand. Indeed, after a day of being vilified from coast to coast (“wacko” being one of the kinder descriptions deployed), Judge Alfred Goodwin stayed the application of his panel’s decision, which will likely be reversed by the full Ninth Circuit or by the U.S. Supreme Court.

I’ve no brief for aggressively secularizing Federal judges who imagine themselves the only thing standing between the Republic and the Salem witchcraft trials, or whatever their contemporary equivalent might be. In fairness, though, one has to admit that poor Judge Goodwin wasn’t making things up on his own. Rather, he followed the logic of the Supreme Court’s Church/state jurisprudence for the past fifty-five years.

As commentator Ramesh Ponnuru has pointed out, the Supremes have often held that both the federal government and state governments must avoid even the appearance of “endorsing” religion, just as they have ruled that prayers at graduations and prayers before football games put untoward social “pressure” on students and are thus unconstitutional “establishments” of religion. Neither claim makes much constitutional sense. But if they reflect the state of the Church/state question at the highest appellate level, then Judge Goodwin was right. Conversely, if Goodwin got it wrong, then there must be something wrong with the path down which the Supreme Court has led the country since World War II.

Were legal scholars, the Federal bench, and political leaders to think this through carefully — and that’s a very large “if” — then Goodwin’s decision, ironically enough, just might compel a wholesale re-thinking of the issue of Church and state in America.

Be that as it may, there’s a further point that Catholic social doctrine and Catholic thinking about American public life would want to bring to any renewed Church/state discussion. More thoughtful secularists (who are not to be confused with the Christophobes and the militant atheists who break out into hives at the very mention of “God”) argue that the phrase “under God” smacks of spiritual pride, which can lead to national hubris, which can lead to disaster. The Catholic answer to that argument is – you’re right, it’s a temptation. If, in the Old Testament, national hubris was a temptation for God’s uniquely chosen nation, Israel, it can be a temptation for us, too, particularly at a time when the United States is the world’s only great power.

If we understand it correctly, though, the phrase “under God” in the pledge does not smack of arrogance; rather, it’s a confession of humility. For to say that this is a nation “under God” is to confess that we are a nation under judgment. It’s to concede that the justice of our laws is measured by a higher law — the moral law. It’s to commit ourselves to weighing questions of public policy, not by criteria of utility alone, but by a nobler standard: does this policy reflect and enhance the inalienable dignity and value of the human person? To pledge our loyalties to a nation “under God” is to hold ourselves accountable to something other than our national self-aggrandizement; a nation “under God” is a nation that is accepting a broader responsibility.

If we’re not “under judgment,” as individuals and as a nation, then the way we live is without consequence. Absent a sense of obligation that transcends the dizzying here and now of the pleasure principle, we really are just congealed stardust — and what we do with, or to, ourselves has no real bearing on anything. Individuals are born and die; so do nations. Big deal. That cynical, and ultimately despairing, view of the human condition is what’s implied by the claim that we are not a nation “under God,” under judgment.

Was there a special providential purpose at work in the founding of a new nation “conceived in liberty and dedicated to the proposition that all men are created equal”? I think so; but I cannot be sure. I am sure of this: such a nation must constantly remind itself that it is under judgment, if it is to keep faith with the promise of its founding.

COMING UP: Colorado Catholic Conference 2021 Legislative Recap

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On June 8, the First Regular Session of the 73rd General Assembly adjourned. Over 600 bills were introduced this session. Policy primarily focused on transportation, agriculture, healthcare, fiscal policy, and the state budget. However, the legislature also considered and passed many bills that could impact the Catholic Church in Colorado.  

Some bills that were passed will uphold Catholic social teaching and protect the poor and vulnerable of our society while others pose potentially harmful consequences to the Catholic Church, its affiliated organizations, and Colorado citizens who wish to practice their well-founded convictions. There were also many bills that were considered by the legislature that did not pass, including two bills that would have upheld the sanctity of life and two that would have expanded education opportunity for K-12 students.  

The Colorado Catholic Conference (CCC), as the united voice of the four Colorado bishops, advocated for Catholic values at the Capitol and ensured that the Church’s voice was heard in the shaping of policy.  

Below is a recap of the CCC’s 19 priority bills from the 2021 legislative session. For a full list of the legislation the Conference worked on, please visit:  

For regular updates and other information, please sign-up for the CCC legislative network here.  

Six bills the CCC supported that were either passed or enacted

Note: Passed means the bill was approved by both chambers of the legislature and is pending the governor’s signature as of June 9, 2021. Enacted means the bill was signed by the governor and became law.  

HB 21-1011 Multilingual Ballot Access for Voters – Passed  
If enacted, counties where either 2,000 adults or 2.5% of the adult population primarily speak a language other than English will be required to provide a ballot in that language. 

HB 21-1075 Replace The Term Illegal Alien – Enacted 
With the enactment of HB 1075, the term “illegal alien” was replaced with the term “worker without authorization” as it relates to public contracts for services.  

SB 21-027 Emergency Supplies for Colorado Babies and Families – Passed  
If enacted, the state government will allocate much-needed funding for nonprofit organizations to provide diapers and other childcare necessities to families in need, including Catholic Charities.  

SB 21-077 Remove Lawful Presence Verification Credentialing – Enacted    
With the enactment of SB 77, verification of lawful presence will no longer be required for any applicant for a license, certificate, or registration, particularly in the job fields of education and childcare.  

SB 21-146 Improve Prison Release Outcomes – Passed  
If enacted, SB 146 will establish practices that ease the transition back into society for formerly incarcerated persons.  

SB 21-158 Increase Medical Providers for Senior Citizens – Passed  
If enacted, SB 158 will allocate more funding for senior citizen care, which is currently understaffed and underfunded.  

Eight bills the CCC opposed that were passed 

HB 21-1072 Equal Access Services For Out-of-home Placements – Enacted 
With the enactment of HB 1072, Colorado law now prohibits organizations that receive state funding for placing children with adoptive or foster parents from discriminating on, among other things, the basis of sex, sexual orientation, gender identity, gender expression, or marital status. This new law will likely to be impacted by the imminent Fulton v. City of Philadelphia U.S. Supreme Court decision. 

HB 21-1108 Gender Identity Expression Anti-Discrimination – Enacted 
With the enactment of HB 1108, “sexual orientation,” “gender identity,” and “gender expression” are now recognized as protected classes in Colorado nondiscrimination code. This may have serious religious liberty implications for individuals and organizations that wish to practice their well-founded convictions on marriage and human sexuality. 

SB21-006 Human Remains Natural Reduction Soil – Enacted 
With the enactment of SB 006, human remains can now be converted to soil using a container that accelerates the process of biological decomposition, also known as “natural reduction.” 

SB 21-009 Reproductive Health Care Program – Passed 
If enacted, SB 009 will create a taxpayer funded state program to increase access to contraceptives.  

SB 21-016 Protecting Preventive Health Care Coverage – Passed 
If enacted, the definition of “family planning services” and “family planning-related services” will not be clearly defined in law and could potentially include abortion. Furthermore, SB 16 removes the requirement that a provider obtain parental consent before providing family planning services to a minor.  

SB 21-025 Family Planning Services for Eligible Individuals– Passed 
If enacted, SB 025 low-income women to be given state-funded contraception, “preventing, delaying, or planning pregnancy” services, which includes cessation services and sterilization services.  

SB 21-142 Health Care Access in Cases of Rape or Incest– Enacted  
The enactment of SB 142 removes the requirement that, if public funds are being used, a physician must perform an abortion at a hospital, and instead allows for abortions to be performed by any “licensed provider.”   

SB21-193 Protection of Pregnant People in Perinatal Period– Passed 
If enacted, SB 193 will eliminate an important protection in Colorado law for a preborn and viable baby when a woman is on life support.  

Five bills the CCC supported that failed  

HB21-1017 Protect Human Life at Conception – Failed 
HB 1017 would have prohibited terminating the life of an unborn child and made it a violation a class 1 felony.  

HB 21-1080 Nonpublic Education and COVID-19 Relief Act – Failed 
HB 1080 would have established a private school and home-based education income tax credit for families who either enroll their child in private school or educate their child at home, thereby expanding education opportunities for families during and after the pandemic.  

HB 21-1183 Induced Termination of Pregnancy State Registrar – Failed 
HB 1183 would have required health-care providers that perform abortions to report specified information concerning the women who obtain the procedure to the state registrar of vital statistics, thereby increasing transparency in the abortion industry.   

HB 21-1191 Prohibit Discrimination COVID-19 Vaccine Status– Failed  
HB 1191 would have prevented individuals from being coerced to take the COVID-19 vaccine by either the state or by employers.  

HB 21-1210 Modifications to Qualified State Tuition Programs – Failed 
HB 1210 would have allowed families to use some of their private 529 savings account funds for private K-12 school tuition for their children, including at Catholic schools.   

One bill the CCC opposed that failed 

SB 21-031 Limits on Governmental Responses to Protests– Failed 
SB 031 would have made it more difficult for law enforcement to protect innocent lives when protests turn violent.  

Two bills the CCC was in an “Amend” position that passed  

SB 21-073 Civil Action Statute of Limitations Sexual Assault – Enacted  
With the enactment of SB 073, the statute of limitations on bringing a civil claim based on sexual misconduct will be removed as of January 1, 2022. Under this law, victims of sexual abuse can pursue a civil cause of action if the statute of limitations has not expired, the abuse happened in Colorado, and the abuse could be considered a felony or Class 1 misdemeanor if it was a criminal case. 

SB 21-088 Child Sexual Abuse Accountability Act– Passed  
If enacted, SB 88 will allow victims of childhood sexual abuse to sue public and private institutions for abuse that occurred between 1960-2022. Victims would have three years to bring a historical claim, starting from January 1, 2022. Claims brought during this window would be capped at $387,000 for public institutions and at $500,000 for private institutions, with the ability of a judge to double the damages depending on how the private institution handled the situation. Despite unanswered constitutional concerns regarding SB 88, the Colorado Catholic dioceses will also continue to offer opportunities for survivors of childhood sexual abuse to receive support in a non-litigious setting.   

While the legislature has adjourned the 2021 legislative session, there is still the possibility that they will reconvene later this year. To stay up-to-date on Colorado legislative issues and their impact on the Catholic Church in Colorado, be sure to sign up for the CCC legislative network HERE.