The Voice of Religion In the Public Square Catholics @ the Capitol 2015 General Assembly The Voice...

The Voice of ReligionIn the Public Square www.ccky.org

Catholics @ the CapitolCatholics @ the Capitol2015 General Assembly2015 General Assembly

The Voice of Religion In the Public Square


Created in 1968, CCK is the official public policy voice of the 4 Catholic dioceses in KY

CCK Board of Directors

Most Reverend Most ReverendJoseph E. Kurtz William F. MedleyArchbishop of Louisville Bishop of Owensboro

Reverend Most ReverendRobert Nieberding Roger J. FoysDiocesan Administrator, Lexington Bishop of Covington


CCK Staff

1042 Burlington LaneFrankfort, Kentucky 40601502 875 [email protected]

Jason D. HallExecutive Director

Andrew VandiverAssociate Director


400,000 Catholics


We are asked to exercise Faithful Citizenship• We have the power to influence

…beyond what we know• It is about political responsibility

…not just about a particular election• We use very practical ways to influence

…public debate and policy• We have a consistent moral framework:

…the life and dignity of every person…the life and dignity of every person


Moral principles of Scripture and

Catholic moral and social teaching • Right to life and dignity of human person• Family, community, participation• Rights and responsibility• Option for the poor and vulnerable• Dignity of work and rights of workers• Solidarity• Caring for God’s creation


Themes provide moral framework

• “These themes from Catholic social teaching provide a moral framework that does not easily fit ideologies of “right” or “left,” “liberal” or “conservative,” or the platform of any political party. They are not partisan or sectarian, but reflect fundamental ethical principles that are common to all people.”

– Forming Consciences for Faithful Citizenship: A Call to Political Responsibility from the Catholic Bishops of the United States (2007), 55.

Pope Francis on Political Participation

In her dialogue with the State and with society, the Church does not have solutions for every particular issue. Together with the various sectors of society, she supports those programs which best respond to the dignity of each person and the common good. In doing this, she proposes in a clear way the fundamental values of human life and convictions which can then find expression in political activity. - Evangelii Gaudium, 241

The Common GoodThe Common Good is “the sum total of social conditions which allow people, either as groups or as individuals, to reach their fulfilment more fully and more easily.” - Gaudium et Spes, 26

The Common GoodTo take a stand for the common good is on the one hand to be solicitous for, and on the other hand to avail oneself of, that complex of institutions that give structure to the life of society, juridically, civilly, politically and culturally, making it the pólis, or “city”. The more we strive to secure a common good corresponding to the real needs of our neighbours, the more effectively we love them.Every Christian is called to practise this charity, in a manner corresponding to his vocation and according to the degree of influence he wields in the pólis. This is the institutional path — we might also call it the political path — of charity, no less excellent and effective than the kind of charity which encounters the neighbour directly, outside the institutional mediation of the pólis. When animated by charity, commitment to the common good has greater worth than a merely secular and political stand would have. - Pope Benedict XVI, Caritas in Veritate, 7


Recent Victories

• Human Trafficking• Religious Freedom Restoration Act• DNA Testing• First ever hearing on abolition of death

penalty• Creation of state health care

exchange/expansion of Medicaid• Juvenile Justice


CCK Legislative Agenda• Women Have a Right to Know• Abolish the Death Penalty• Parents Have a Right to Choose• Cap Payday Lending• Restoration of Voting Rights &

Expungement• Tax Reform (EITC) & Minimum Wage


Protecting Human LifeWomen Have a Right to Know

• The patient has the right to and is encouraged to obtain from doctors and other direct caregivers– appropriate, current, and understandable information about diagnosis,

treatment, and prognosis. Except in emergencies when the patient lacks decision-making ability and the need for treatment is urgent, the patient is

– entitled to the chance to discuss and request information about the specific procedures and/or treatments, the risks involved, the possible length of recuperation, and the medically reasonable alternatives and their risks and benefits. Patients have the right to know the identity of doctors, nurses, and others involved in their care, as well as when those involved are students, patients, or other trainees. The patient also has the right to know the immediate and long-term financial implications of treatment choices, insofar as they are known.

American Hospital Association Patient Bill of Rightshttp://mhcc.maryland.gov/consumerinfo/hospitalguide/patients/consumer_help/bill_of_rights.htm -

http://mhcc.maryland.gov/consumerinfo/hospitalguide/patients/consumer_help/bill_of_rights.htm


• This legislative proposal advocates for good medical practice as promoted by the Kentucky Board of Medical Licensure. This state agency is responsible for protecting the public by ensuring that only qualified medical and osteopathic physicians are licensed. On its website it states that it uses its newsletter to “provide important information to physicians practicing in the state.” In its Fall 2004 newsletter the Board expressed how important it is for patients to have a face-to-face evaluation with health care professionals:

– Consumers obtaining prescriptions, medications, and/or medical treatment from Internet web sites without an adequate evaluation by a physician pose an immediate threat to the public health and safety….The Board feels a valid physician/patient relationship cannot be established without an initial face-to-face evaluation by a health care professional.

Women Have a Right to Know


Women Have a Right to Know• 311.725 Requirement of voluntary and informed written consent for

abortion -- Cabinet's duty to produce and make available informational materials -- Abortions in medical emergencies.

– (1) No abortion shall be performed or induced except with the voluntary and informed written consent of the woman upon whom the abortion is to be performed or induced. Except in the case of a medical emergency, consent to an abortion is voluntary and informed if and only if:

• (a) At least twenty-four (24) hours prior to the abortion, a physician, licensed nurse, physician assistant, or social worker to whom the responsibility has been delegated by the physician has verbally informed the woman of all of the following:

– 1. The nature and purpose of the particular abortion procedure or treatment to be performed and of those medical risks and alternatives to the procedure or treatment that a reasonable patient would consider material to the decision of whether or not to undergo the abortion;

– 2. The probable gestational age of the embryo or fetus at the time the abortion is to be performed; and

– 3. The medical risks associated with the pregnant woman carrying her pregnancy to term;


Women Have a Right to Know• (b) At least twenty-four (24) hours prior to the abortion, in an

individual, private setting, a physician, licensed nurse, physician assistant, or social worker to whom the responsibility has been delegated by the physician has informed the pregnant woman that:

– 1. The cabinet publishes the printed materials described in paragraphs (a) and (b) of subsection (2) of this section and that she has a right to review the printed materials and that copies will be provided to her by the physician, licensed nurse, physician assistant, or social worker free of charge if she chooses to review the printed materials;

– 2. Medical assistance benefits may be available for prenatal care, childbirth, and neonatal care, and that more detailed information on the availability of such assistance is contained in the printed materials published by the cabinet; and

– 3. The father of the fetus is liable to assist in the support of her child, even in instances where he has offered to pay for the abortion;


Women Have a Right to Know

• “in an individual, private setting” – the court has said this can be a recorded telephone message. And this has become the practice.– But, that means you cannot know if 24 hours has

elapsed since the phone call was made.– And the patient is unable to ask questions or

receive information specific to her medical history.


Women Have a Right to Know• SECTION 1. A NEW SECTION OF KRS

311.250 TO 311.379 IS CREATED TO READ AS FOLLOWS:– Anytime informed consent is required by law to be

given in an individual private setting, the informed consent shall be valid only when a physician or physician's agent has a face-to-face meeting with the patient and both parties are physically located in the same room.


Women Have a Right to Know• This law will better protect the rights of women in the process of

making a decision that is not reversible.• We believe it reduces the number of babies aborted and

therefore the post-abortion trauma that we know to be sadly real for some women.

• Recent studies show with greater certainty that pro-life legislation has been effective in reducing the number of abortions that have taken place.

(See “USING NATURAL EXPERIMENTS TO ANALYZE THE IMPACT OF STATE LEGISLATION ON THE INCIDENCE OF ABORTION” by MICHAEL J. NEW, PH.D.,

Heritage Center Report, January 2006.)


Protecting Human LifeAbolish the Death Penalty

• Assuming that the guilty party's identity and responsibility have been fully determined, the traditional teaching of the Church does not exclude recourse to the death penalty, if this is the only possible way of effectively defending human lives against the unjust aggressor.

If, however, non-lethal means are sufficient to defend and protect people's safety from the aggressor, authority will limit itself to such means, as these are more in keeping with the concrete conditions of the common good and more in conformity with the dignity of the human person.

Today, in fact, as a consequence of the possibilities which the state has for effectively preventing crime, by rendering one who has committed an offense incapable of doing harm—without definitively taking away from him the possibility of redeeming himself—the cases in which the execution of the offender is an absolute necessity "are very rare, if not practically non-existent."

Catechism of the Catholic Church, second edition


Abolish the Death Penalty• the cases in which the

execution of the offender is an absolute necessity “are very rare, if not practically non-existent.”

– Timothy McVeigh– Saddam Hussein


Abolish the Death Penalty• The practice of capital punishment does not foster respect

for human life. Killing as a solution cheapens that respect. To meet violence with violence entrenches a mentality that constricts a society’s moral imagination to seek alternatives to violent solutions.

• Our opposition to capital punishment is inspired by a gospel value – "no human life, no matter how wretched or how miserable, no matter how sinful or lacking in love, is without worth; no one is beyond realizing and receiving Christ's redemptive grace of conversion at any moment during life."

• Abolishing capital punishment would become a step towards breaking the cycle of violence.

REVERENCE FOR LIFE: THE PURSUIT OF JUSTICE A Pastoral Letter from the Catholic Bishops of Kentucky

November 1999


Abolish the Death PenaltyKentucky Assessment Team on the Death Penalty

• Linda Ewald, Co-Chair, University of Louisville Louis D. Brandeis School of Law, Louisville

• Michael J. Z. Mannheimer, Co-Chair, Northern Kentucky University Salmon P. Chase College of Law, Highland Heights

• Hon. Michael Bowling, Steptoe & Johnson PLLC, Middlesboro

• Allison Connelly, University of Kentucky College of Law, Lexington

• Hon. Martin E. Johnstone, KentuckySupreme Court (Retired), Prospect

• Hon. James Keller, Kentucky SupremeCourt (Retired), Lexington

• Frank Hampton Moore, Jr., Cole & Moore, P.S.C., Bowling Green

• Marcia Milby Ridings, Hamm, Milby &Ridings, London


Abolish the Death PenaltyKentucky Assessment Team on the Death Penalty

• More than a 60% error rate in capital sentencing• Inadequate Retention of Evidence• Law Enforcement Inadequately Protects Against

Wrongful Convictions• Inconsistent Application of the Death Penalty• Judges fail to instruct jurors adequately about

sentencing guidelines• Public Defender caseloads exceed national standards• No statewide standards regarding defense attorney

qualifications• Mentally disabled are subject to execution• Lack of data-keeping to ensure system is fair and

effective


Abolish the Death PenaltyOther Voices Raising Concerns

Kentucky Commission on Human Rights – October 17, 2012“The Kentucky Commission on Human Rights urges members of the

Kentucky General Assembly to repeal the law allowing the use of the death penalty and calls upon the Governor to sign the same.”New York Times: Kentucky’s Egregious Death Penalty – October 25

“Kentucky can ensure that heinous criminals are no longer threats to society by sentencing them to life without parole. It is time for the state to end the death penalty.”Prosecutors: Ky. capital punishment unfair (Lexington HL) – March 7

“The hallmark of our criminal justice system is that its process is fair and its results are reliable and accurate. Our reversal rate undermines this hallmark. These troubling issues in capital cases must be addressed now.”


Promoting Family LifeParents Have a Right to Choose

In Forming Consciences for Faithful Citizenship the U. S. Bishops teach the following about the education of children: “Parents—the first and most important educators—have a fundamental right to choose the education best suited to the needs of their children, including public, private, and religious schools. Government, through such means as tax credits and publicly funded scholarships, should help provide resources for parents, especially those of modest means, to exercise this basic right without discrimination. Students in all educational settings should have opportunities for moral and character formation.” (FCFC, 72.)


Parents Have a Right to Choose

We want to influence public policy for all the children of KY: students in our public schools and our non-public schools

– Education business tax credit

– Busing subsidy

Government, through such means as tax credits and publicly funded scholarships, should help provide resources for parents, especially those of modest means, to exercise this basic right without discrimination.

Cap Payday Lending• Payday loans are 2-4 week loans at $15

per $100 borrowed• Effective interest rate of 391%• State database shows borrowers are

often trapped in debt cycle• Congress has limited rates to 36% for

military families

Restorative Justice• Kentucky one of only three states to bar

felons from voting for life• HB 70 would provide for automatic

restoration for all but very serious crimes• Expungement would allow felons who

don’t re-offend a chance at better employment and greater self-sufficiency


Principles of Tax Reform

• Spending should first assure that the basic needs of all people - especially those who are poor and vulnerable - are addressed as a priority before other appropriations are made

• All citizens and corporations have the right and responsibility to contribute to the common good through the payment of taxes


Principles of Tax Reform

• The State of KY should seek and maintain revenues sufficient to meet the basic needs of all, especially the poor and vulnerable

• Taxation in any form should be based on one’s ability to pay

• All forms of taxation should be fair and just in their treatment of the poor


Principles and Prudential Judgment

• Policy issues like tax reform involve the exercise of prudential judgment

• The principles should be honored but individuals may disagree about the best way to honor them and achieve other goals, such as economic growth

• A tax reform proposal must be evaluated comprehensively, looking at its overall effect in relation to our principles


Principles and Prudential Judgment

• For example, expanding the sales tax base, on its own, violates our principles due to its regressive nature

• However, as part of a larger package that included an expansion of the Earned Income Tax Credit, it might be acceptable.

Earned Income Tax Credit

• Historically has attracted bipartisan support• Encourages work and development of skills• Is “refundable”• Is proven to reduce poverty and its effects -

number of children in poverty would be 25% higher if not for federal EITC

• State EITC would help offset negative effects of proposals like a local option sales tax


The Way We Do Things Is Important• Involved in the political process but not

partisan, never championing any candidate or party

• Church is principled but not ideological• Clear about moral teaching but always civil,

practice virtues of justice and charity, work with others

• Engaged in the political process but not used

Forming Consciences for Faithful Citizenship: A Call to Political Responsibility from the Catholic Bishops of the United States (2007), 58-60.


Communication To Legislators:Start with a Thanks

We appreciate your service to the public and your building up of the common good!


Goals of Meeting with Your State Senator and State Representative• Communicate information; • Dispel myths; • Respond to questions; • Emphasize your significance;• Express availability as resource during legislative

session;• Begin to develop a relationship for the long haul.


“…we are all really responsible for all.”

Saint John Paul II, On Social Concern, 1987

John Paul II

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