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Windham: 'Michigan's recent redefinition of sex under state law threatens to undermine this religious mission'

Schools

Laurie A. Luebbert Dec 10, 2022

Church
St. Joseph Parish is located in Clinton County. | St. Joseph Church, St. Johns, Michigan/Facebook (photo courtesy of Capitol Drones)

One of the Diocese of Lansing's parishes is taking legal action in an effort to "protect the constitutional right of all Catholic parishes and schools in Michigan to freely live and teach the Catholic faith," a law firm announced this week.

St. Joseph Parish, which is in Clinton County, initiated the action after the Michigan Supreme Court recently redefined the term "sex discrimination," according to the Becket Fund for Religious Liberty. The court's new definition says claims of discrimination can be based on sexual orientation or gender identity. It provides no exemption for religious organizations like St. Joseph.

"St. Joseph Parish exists to pass on the Catholic faith to the next generation and to accomplish that mission, it asks all its staff to uphold the Catholic faith in word and deed, both at the parish and its elementary school," Lori Windham, vice president and senior counsel for the Becket Fund, said. 

The Becket Fund is representing the parish in the case. The complaint was filed recently in a U.S. District Court against the Michigan attorney general and the Michigan Department of Civil Rights.

"Michigan's recent redefinition of sex under state law threatens to undermine this religious mission by making it illegal for St. Joseph to follow the 2,000-year-old teachings of the Catholic Church on sex, gender, and marriage," Windham said.

At issue is St. Joseph's constitutional right to religious liberty, as guaranteed by the First Amendment of the U.S. Constitution. 

One concern that comes with the change in the definition is the idea that St. Joseph could be held liable for so-called sex discrimination if biologically male students want to use the female locker room or play on a female sports team, or if a biological male attendee at Holy Mass wants to use the female restroom. Another example of how the redefinition applies is if a same-sex couple wants a wedding or reception at St. Joseph or the Knights of Columbus, which is affiliated with the church.

"We filed a lawsuit to protect St. Joseph's right to live out its faith as a religious institution," Windham said. "Michigan cannot force the Catholic Church to compromise its religious character simply because its doors are open to all."

St. Joseph has been part of the local Catholic community since 1857. It is the only Catholic parish in St. Johns, the Clinton County community that it calls home. The parish opened St. Joseph Catholic School in 1924; it provides an opportunity for parents to allow their children to receive a private-school education rooted in Catholic teaching. The school serves elementary students up to sixth grade. Its enrollment increased by 8% over the past five years to approximately 220 students.

"For almost a century, St. Joseph School has quietly and faithfully taught successive generations of children in the town of St. Johns to become good, saintly, and virtuous citizens who are formed by the teachings of Jesus Christ and His Holy Church on all matters of faith and morals," Lansing Bishop Earl Boyea said in support of the parish after the legal challenge was filed. 

"I therefore fully support the parish community of St. Joseph in seeking this important legal ruling to ensure that they – and all Catholic schools and institutions in Michigan – remain protected by the First Amendment to the U.S. Constitution in order to continue their God-given mission into the next century and beyond," Boyea said.

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Organizations in this Story

Michigan Department of Civil RightsDiocese of Lansing

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