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  Diocese Files Suit over Right to Protest

By Daniel Tepfer
Connecticut Post
May 29, 2009

http://www.connpost.com/ci_12481546

BRIDGEPORT — The Roman Catholic Diocese of Bridgeport filed suit Friday in federal court to block state officials from penalizing the church for organizing a rally outside the state Capitol in March.

"This cannot possibly be what our Legislature had in mind when it sought to bring more transparency and oversight to a legislative process that has been corrupted by special interests and back-room deals," said Bishop William E. Lori. "If it is, then it should shock the conscience of all citizens of the Constitution State."

The move is the latest chapter in tensions between the Catholic Church and the state over issues including gay marriage, emergency contraception and giving parishioners more control over church finances.

The diocese is suing Carol Carson, executive director of the state's Office of State Ethics, and Thomas Jones, the state's Ethics Enforcement Officer in U.S. District Court. In the capitol on Friday, Carson declined comment on the suit.

The suit is seeking an injunction to block state officials from penalizing the diocese for failing to register as a lobbyist before it organized a rally March 11 outside the capitol to protest proposed bill 1098, a bill that would have forced the organization of the church's hierarchy. The proposed bill was subsequently withdrawn before it came up for a vote.

On April 22, Jones sent a letter to Lori informing him the diocese was the subject of a state ethics investigation for possible state lobbying violations.

"This evaluation is being conducted to ascertain whether the Catholic Diocese of Bridgeport violated [state law] by failing to register as a lobbyist in Connecticut, by failing to submit all other appropriate lobbyist filings and by failing to follow all applicable registration procedures," the letter states.

Lori said, "Following the surprise introduction of Bill 1098, a proposal that singled out Catholic parishes and would have forced them to reorganize contrary to church law and the First Amendment, our diocese responded in the most natural, spontaneous, and frankly, American, of ways: we alerted our membership — in person and through our Web site; we encouraged them to exercise their free speech by contacting their elected representatives; and, we organized a rally at the state Capitol. How can this possibly be called lobbying?" Lori asked.

State Attorney General Richard Blumenthal said, "We've just received the lawsuit. We're reviewing it and we'll determine what next steps are appropriate."

The Catholic Church has been at odds with the state over several issues in recent years.

Last month, Gov. M. Jodi Rell signed legislation updating state law to allow same-sex marriages, following a landmark state Supreme Court ruling allowing gay marriages last fall. Catholics were among the opponents of gay marriage rights.

The church also fought the state for two years over a proposed law, which took effect in 2007, requiring all hospitals, including Catholic ones, to provide emergency contraception to rape victims.

And last week, the state Supreme Court ruled that legal documents detailing sexual abuse allegations against priests in the Bridgeport diocese should be released. The diocese, which settled those allegations in 2001, is considering whether to ask the court to reconsider or to appeal to the U.S. Supreme Court.

In Hartford on Friday, Rep. Michael P. Lawlor, D-East Haven, and Sen. Andrew J. McDonald, D-Stamford, declined to comment on the lawsuit.

Rep. T.R. Rowe, R-Trumbull and Rep. Jason Perillo, R-Shelton, were critical of the Office of State Ethics investigation into the March rally against legislation that would change the way Roman Catholic parishes are incorporated.

Thousands of Catholics from throughout the state bused to the Capitol to protest the legislation, which died.

"I was quite surprised to find out that the state ethics board had pursued this complaint, or filed it," Rowe said in an interview. "It certainly strikes me as a frontal assault on religious freedom and liberty, not the first one we've seen and probably not the last but a direct one, clearly."

Rowe said that it's "absurd" to require organizers of that event register as lobbyists. "It doesn't pass my initial smell test," he said.

"There are groups who are interested an passionate about an issue all the time telling legislators what they think," Perillo said in an interview. "That is what the Catholic Church and the Diocese of Bridgeport did about this bill and it seems to me they're being looked at and treated differently than any other group that wants to share their thoughts and concerns."

Local parish priests who want to share their views with lawmakers are no different that private citizens or business owners who encounter lawmakers on a daily basis, Perillo said.

 
 

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