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  Catholic Bill: Attorney General Sides with Diocese

By Susan Shultz
Darien Times
July 3, 2009

http://www.acorn-online.com/joomla15/index.php?option=com_content&view=article&id=31686:catholic-bill-attorney-general-sides-with-diocese&catid=1:darien-local-news&Itemid=1323

State Attorney General Richard Blumenthal has spoken out against the Office of State Ethics’ attempt to enforce state laws governing lobbyists against the Diocese of Bridgeport.

The impetus for the Office of State Ethics’ actions stems from efforts by the Diocese of Bridgeport to object to Raised Bill 1098 in March.

Bill 1098, officially called An Act Modifying Corporate Laws Relating to Certain Religious Corporations, encouraged more layperson involvement.

In March, state Sen. Andrew McDonald (D-Stamford), who represents part of Darien, and Rep. Mike Lawlor (D-East Haven), co-chairmen of the General Assembly’s Judiciary Committee, withdrew the bill, which would have made it possible for parishioners to govern their parishes administratively and financially without submitting to the authority of the pastor or bishop. The bill specified, however, that the authority of the bishop or pastor in matters of related to religious tenets or practices would remain intact.

Despite the withdrawal of the bill, state Senate and House Republicans went forward with a hearing on the bill and the Diocese of Bridgeport held a rally in Hartford. Some General Assembly Democrats attended the hearing; McDonald was not among them.

According to McDonald, some of the state’s Catholics supporting Raised Bill 1098 were parishioners of St. John Parish in Darien. The parish lost millions at the hands of its former pastor, the Rev. Michael Jude Fay, who is currently serving time in jail for the theft. The parish disputed that any of its members were behind the bill.

In response to those efforts by the Office of State Ethics, the Diocese of Bridgeport filed a federal lawsuit against officials of that organization at the end of May to seek court orders to prevent the application of those lobbying laws.

In his June 30 letter, Blumenthal said he was responding because the lawsuit is “effectively against the state” and he is responsible for the defense. His response was a letter to the director of the Office of State Ethics, Carol Carson.

“Serious constitutional and other legal concerns raised by this lawsuit compel me to conclude that Connecticut’s lobbying registration laws cannot and should not be enforced in this factual situation against the Church.”

He continued by saying that “The legislature as soon as possible must clarify or revise those laws to ensure that they continue to serve their important purposes — avoidance of corruption or the appearance of corruption arising from paid lobbying — while also preserving and encouraging legally protected political expression.”

In discussing his reasoning, Blumenthal points out that the diocese had very little time to let parishioners know about the bill before the scheduled public hearing. He described the diocese’s efforts to do that, by reading prepared messages at Mass and posting information on the diocese’s Web site.

He defined lobbyist from the Connecticut General Statute as “any person or entity who in lobbying and furtherance of lobbying makes or agrees to make expenditures, or receives or agrees to receive compensation, reimbursement, or both, and such compensation, reimbursement or expenditures are two thousand dollars or more in any calendar year or the combined amount thereof is two thousand dollars or more in any such calendar year.”

Blumenthal further pointed out that anyone meeting that definition is “subject to extensive regulatory oversight by” the Office of State Ethics.

He also wrote that “the constitutional concerns raised in the lawsuit have special significance and complexity because of the specific factual context in which they arise — a religious organization’s efforts to protest perceived government entanglement and intrusion in its affairs.”

Blumenthal concluded that “There is no denying the profound and serious constitutional concerns in enforcing the lobbyist registration laws against the Church under these circumstances. The (Office of State Ethics) should abandon its investigation or enforcement at to Church activity regarding Raised Bills 899 and 1098 or similar future conduct — and halt such future investigative or enforcement efforts — unless and until the legislature clarifies or revises the statute to address such constitutional concerns.”

On Tuesday, the Diocese of Bridgeport “applauded the legal opinion issued by State Attorney General Richard Blumenthal” on its Web site.

“Today’s opinion from the Attorney General is a truly significant announcement that stands not just with our state’s Catholics but with all citizens of the state whose fundamental civil liberties were placed in jeopardy by the application of the (Office of State Ethics) of the state’s lobbying registration requirements,” Bishop William E. Lori, head of the Diocese of Bridgeport, said.

Bishop Lori said he hoped that the diocese can get back “meeting the increased demand for social services in our state” after the opinion issued by Blumenthal.

“As the largest non-governmental provider of educational and human services, we believe the Catholic Church is a critical part of the solution to our state’s economic and social challenges,” Bishop Lori said.

 
 

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