Father Brian Jordan is finally emerging from a nightmare. For months, he had been named as a defendant in a suit brought by atheists who protested him praying before the “Trade Center Cross” after Sept. 11. The atheist group recently dropped their attack against Father Jordan — for now.
But the case continues, and it raises troubling questions about the emerging anti-religious, and specifically anti-Catholic, prejudices in American society, a prejudice only compounded by the Obama administration’s insistence on forcing Catholic institutions to violate their beliefs through the provision of health insurance for contraception services, including abortion-inducing drugs.
From the wreckage of the Twin Towers after the Sept. 11 attack, rescue workers found steel beams fused together in the shape of a cross. Many Christians working at the site in the days and weeks afterward found the object comforting. A Catholic priest, Franciscan Brian Jordan, blessed the cross, and services were performed there. He notes that “I spent many, many months ministering to the rescue workers at Ground Zero. Their spirits were uplifted by remembering that God is still with us, even when unimaginable disaster strikes. And the World Trade Center Cross became a source of inspiration for those workers.”
The cross is now located within the National September 11 Memorial & Museum on government property. That decision spurred a lawsuit by American Atheists, Inc. against the memorial, the Port Authority of New York and New Jersey, the state of New Jersey and other people and entities, including Father Jordan and his parish, the Church of the Holy Name of Jesus. The atheists want the cross removed from the memorial, despite it being an integral part of the history of 9/11 and its importance to many of the rescue workers.
What did Father Jordan and the church supposedly do wrong? According to the complaint, the church is “responsible for placing a religious symbol of Christianity on government-owned property in conjunction with a religious ceremony.” Other than praying, Father Jordan is not alleged to have done much at all; certainly, he was not in any position to demand the cross be placed anywhere. The complaint alleges that Father Jordan “conducted a religious ceremony directed at placing a symbol of Christianity on government-owned property.”
If all this sounds slightly ridiculous, it is. The Constitution quite clearly applies only to governmental actions that “establish” religion or prohibit the “free exercise” of the religious belief of a person or religious body. Private persons, even priests, cannot violate the First Amendment, because they are not government actors, unless they are acting in some way as an agent of the federal government. Here, neither the church nor Father Jordan is alleged to be a state agent, and their actions in praying and performing religious ceremonies before the cross represent no First Amendment violation.
Here there is no claim that such a thing happened, although the atheists imply there was some kind of nefarious activity. Father Jordan and others prayed at the foot of the cross. Neither he nor the church is responsible in any legal sense for placing the cross on government property. Even there, the complaint is unlikely to prevail. The complaint basically argues that the placement of the cross is injuring those who are not Christian and that their being “subjected to” such a cross is a violation of their First Amendment rights.
But this logic — though it has found some support in Supreme Court decisions — can easily be turned on its head. What about the majority of Christians who may feel a decision to reject inclusion of a cross-shaped object in a national memorial is an affront to their religious beliefs? Basing judicial decisions on such subjective matters is fraught with difficulty. The goal of such complaints seems simply to intimidate religious believers from living their faith publicly. The effect on Father Jordan was severe: “As a Roman Catholic priest, it is emotionally and spiritually distressing to be sued for doing little more than praying in public and voicing one’s opinion about where the World Trade Center Cross belongs.” That distress is likely to continue; if the atheists do not abandon their case, Father Jordan might well be a witness in the case, where the atheists will once again challenge his acting on behalf of his faith.
Unfortunately, this lawsuit is but one part of a concerted effort to exclude Christian witness and other religions completely from public life. The Health and Human Services mandate seeks to drive Catholics from public life and to restrain any action that secular authorities find objectionable. This lawsuit is, in some ways, even more pernicious: It explicitly associates the priestly function with unconstitutional and illegal activity. If anything, the lawsuit’s apparent goal was to stifle Father Jordan’s ability to minister in public. His freedom to practice Catholicism, however, is protected by the Free Exercise Clause of the First Amendment.
Applying the same Free Exercise Clause, the Supreme Court recently stopped the federal government from interfering in the composition of church leadership and ministry. Let us hope the court here will similarly block any future attempts to banish priests, and indeed all religious believers, from the public square.
Gerald J. Russello is editor of
The University Bookman (KirkCenter.org)
and writes frequently on religious-liberty issues.
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Father, forgive them..they know not what they do.
While this is a very good article, Mr. Russello and many other writers simply do not yet “get it.” This lawsuit and probably ALL OTHER such suits are the result of a gradual communist take over of the USA. This is not my opinion, it is the “opinion” or the Blessed Virgin Mary given through the seers of Fatima (1917.) In 1946 the American historian/writer and college professor, William Thomas Walsh wrote “Our Lady of Fatima,” a fine, relatively short book on the apparitions in 1917. He was granted an interview with Sr. Lucia, then a nun in Portugal,(died 2005-age 97.) He asked her where we were (remember, 1946) in the Fatima prophecies. She said that the world was then experiencing the process of Russia “spreading its errors” throughout the world. She said that every country, even the United States of America would be overcome by godless communism if the Virgin’s requests were not met. They haven’t been as society is now totally depraved! Look at the “administration” in Washington as well as the “congress.” These atheists don’t care about “hurt” to non-believers! They are a combination of doops, evil people and communist agitators, driving us toward complete Marxist principles as a cultural and governing reality. Please, writers, tell it like it is! The courts no longer honor the constitution. After all, where in it is the “right” to abortion? Oh yes, we have a right to “privacy.” By that logic, if someone wants to rob a convenience store, then it should be legal as long as no one else is in the store when it’s robbed…You know, it then becomes a “private” act. So, yes, the priest might get some personal redress in court, but overall, we are in a very dangerous state. Pray the Rosary! Learn about Fatima at http://www.fatima.org
This is actually the continuous process of FREEMASONRY to establish a New WORLD ORDER DEVOID OF ANY RELIGION. a true communist does not believe in God, whereas a Free Mason is an ANTI-GOD, and wtih subtle moves via the billions of dollars that they possess, are intending to destroy God, via Lucifer’s intervention over time. They want a universal ruling group with absolute control of everything, including population decrease, land ownership, and people control, 100%, with no religion. They use communists and radical Muslums, other militant, infiltration of all governments and religions, especially Catholic, to accomplish total universal control. TASheya re working to establish a universal monetary system, with a univesal baking system, and total control of the reduced population. Check it out.
As an Agnostic, I say to all of you: Go for it. Stand up for your right. You have a right to your religion and you have a right to practice it. In public or not. It doesn’t “Offend” anyone and if it actually does then someone just needs to point their nose in the other direction and worry about themselves. You Christians are fine, it’s the Atheists that are getting weird. Seriously.
Let’s be honest here. If you vote for a Democrat you are supporting this craziness. You can not be Catholic and Vote for Democrats.
Viva Cristo Rey!!!!!!!!!!
Being an older cradle Catholic, I feel in my spirit that things are terribly amiss throughout the United States. It is frustrating enough to have to put up with the anti-Catholic rhetoric every single day, especially through the media, BUT when our own Catholic higher education institution buckled under the ultimatum that a certain speaker wouldn’t give his speech unless the crucifixes and other Roman Catholic symbols were covered up - and now to have the woman come in to speak and she is assisting in spear heading this HHS mandate, which goes against the profound teachings of our Catholic faith. What are these Catholic leaders thinking. What a slap in the face to our Lord Jesus Christ and our Blessed Mother Mary. We all need to continually pray the Rosary and the Chaplet of Divine Mercy for our Catholic leaders and our country. God Bless you all and your families
Even in ancient times before Christ, the cross was used to put people to death. I think it is very fitting that it is there, for thousands did die there during 911.
John D, spot on! I just watched a video, “Agenda: Grinding America Down” which documents the fall of the USA under the influence of Communists and the Communist Party in the last century and continuing on and on. All the roads from Marx lead to the Democratic party and Obama. It is an eye-opener. Communism has NOT been defeated in America, but continues to domuniate the media, the Same-sex-attraction crowd and their agenda to indoctrinate children in all schools, and overturn the present marriage laws. Legalize pornography and abortion! I remember the Mindszenty Conferences from years ago, the speakers who warned us again and again about Communism and its consummate evil. They HATE the family as created by God, and cannot wait to indoctrinate our children through the public schools which are controlled by their useful idiots or members. The NEA is right in sync with their aims. We need to awaken our neighbors and friends to the threats, and especially to work to overturn the present Administration. Our pro-family and God-fearing legislators must be re-elected and supported in their efforts to overturn laws that mock Christian values & morality. Otherwise we will be the United Socialist States of America very soon.
Tim, thank you. I appreciate your open mindedness and respect. I believe you speak truthfully. God Bless.
Is atheism merely a personal rejection of belief in deity, or is it a systematic dogma of belief that there is no deity. In that atheists identify with each other, and are not just random individuals dissociated from each other, and this law suit is brought by a group of such like-minded individuals, are not atheists, therefore, a group of people who believe in a certain premise and are attempting to force their premise onto others by forcing the erection of nothing in contrast to the erection of a symbol of other belief? They are not being forced to pay homage or display respect to any symbol. So, how are their rights violated? The majority must respect and uphold the rights of the minority. But does the minority have the right to restrict the majority and negate the rights of the majority simply because they hold a contrary opinion?
The term “Cross-ophobia” by “Christophobes” comes to mind when one speaks of this all to common and particularly gutless form of “acceptable” hate speech by a “real” 1% namely the Christophobes. Exhibit #1 is ACLU attorney Eliasberg and the Mojave National Preserve Cross case which took over 10 years for a resolution as it bounced back and forth through the pornography addicted 9th circuit court in California. The Mojave Cross was erected by veterans for veterans in the depths of the Great Depression as a symbol of hope and remembrance and had stood unmolested for over 70 years 10 miles off the beaten path on “public land” (Which public the 1% Christophobes or the 99% tolerant public?) until Eliasberg and fellow ACLU “Orcs” targeted it for their destructive Pogrom. Sadly after the Supreme Court said the Cross could stay the original Cross was destroyed by Christophobe “vandals” ... so much hate, so much hate. Also noteworthy is the Camp Pendleton Cross erected in 2003—three of the seven who erected the original Cross; Marines Zurheide, Zembiec and Mendoza died defending America in Iraq. Enlisted Marines have adopted this Cross topped hill as a place to leave mementos of fellow Marines killed in action, everything from soil from foreign battlefields to coins, medals and dog tags find themselves placed at the foot of this Cross. The ever vigilant ACLU said it hopes the Marines will “follow the law”; the rest of us hope the Marines “Semper Fidelis” will “follow the Constitution” they swore to protect from all enemies foreign AND domestic - especially Article One of the Bill of Rights. Finally the century old Cross perched on top of San Diego’s Mount Soledad has to be mentioned. The ever unctious defender of pornography and perversions the 9th Circuit Court rejected arguments that this 43-foot cross should be preserved as a war memorial, ruling that it violated the “California” Constitution’s “no preference” clause by “elevating” one religion over all others. Does any one else remember that phrase from the days of the Old Republic “Sober as a Judge”? We can and must stamp out the hemorrhaging of our God given Rights by a corrupt and corrupting Judiciary. Never, never, never let the pool of lower court Judges be polluted by “appointees”. If you live in a State where lower court judges are “appointed” tell your Legislator to restore the vote. Let judges be vetted by “We the People” in elections. Then when higher court judges do get promoted up the chain of command from this pool only those who pass muster with “ask the audience” John Q. Public will be available. We will have at least a fighting chance for good God fearing decent men and women again.
ALL I CAN SAY IS, ’ GOD HELP AMERICA,’ YOU ARE BOGGED DOWN IN LEGALISTIC TRIPE, THAT WILL ULTIMATELY DESTROY YOUR VERY SOULS.
NO WONDER THE BLESSED MOTHER IS APPEARING ALL OVER THE WORLD IN TEARS, THERE ARE NO MORE WARNINGS, SHE HAS DONE HER BEST.
WHEN WILL THE SUPPOSEDLY MOST POWERFUL NATION ON EARTH, CONVERT.
WHAT ELSE WILL JESUS HAVE TO DO TO GET YOUR ATTENTION.
WHY DO YOU DESPISE HIM SO, WHEN HE LOVES YOU MORE THAN YOU CAN POSSIBLY IMAGINE, DESPITE YOUR WICKEDNESS.
YOU WERE MADE TO BE WITH HIM IN HEAVEN FOR ALL ETERNITY, ISNT THAT AN AWSOME PROSPECT.
GOD BLESS.
It is not govt owned property. It is public property.
We are the public and 90% of us believe in God.
So why do the 10% who do not believe in God get to throw us off of our own public property? Why do they get to impose their religion of atheism on the rest of us?
The Catholic church needs to fight this head on. We do not want to impose our religion on others. We want to express our religion along-side of others. We should not be banned from the public square or any public property. Art is not banned from public, why is religion singled out for expulsion?
I’m tired of land-mark or other God-less technicalities. We are the public and we are allowed to express our religion on our public property right along-side of the Hindus, atheists and others.
The Atheists want the government to stop public prayer. Why don’t they do it themselves and “evangelize” the Christians or protest themselves? They are cowards. They should publicly protest God and not hide behind the government. COWARDS!
Why punishing our Catholic priest, the Catholic Church and the Catholics at large for the sin of others? Why is it praying in front of a Cross (a Catholic symbol for salvation and which was found under rubble/debris of Twin Towers on 9/11 Ground Zero that brought comfort to the rescuing workers and strength to many victims), led by a Catholic priest, specifically by Fr. Brian Jordan, is forbidden, a crime and or a cursed for others who do not believe or have faith to Jesus Crucified on the Cross? Also, why complained when it was decided by the government to place the Cross in the National September 11 Memorial & Museum on government property and not “our” Catholic priest? And, why when other Religious Denomination would like to build their “prayer room” at Ground Zero, they (so-called atheists, etc.) did not oppose it? I hope and pray to our Lord Jesus Christ Crucified on the Cross that He enlightens the hearts and minds of these atheists or pretending that the is no God.
I am from Australia. We have much the same ideological attitudes operating here. I have to disagree with those comments that rail at Communists and Free masons as being the culprits. Those sort of comments are not helpful and only fuel further divisions and intolerance, because they also represent and intolerant view. I say this because I spent many decades fighting the communists and extreme left in my own country.
The problem we face in the West is a loss of Faith and a total rejection of a belief in God. Atheism has been around for thousands of years, but in recent years it has become a mean spirited cult like like movement and although it denies, it is fed by hate of religion, and people of faith. Despite its claims (Dawkins and al, including the American Atheists) it does not use reason to argue its case, but ridicule and abuse in an effort to destroy In the case of Fr Jordan and other defendants over the 9/11 cross, - cont part 2
part 2
- we can only hope that the US Courts will see the American Atheists case for what it is - a totalitarian small minded attack on the spirit of free people and tell the American Atheists to grow up and get a life.
Why are people wound up about a piece of wreckage that fortuitously takes the shape of a cross. Oh wait, wreckage from most of the structure could easily be shaped like a cross. The post and beam steel construction guarantees many such possible occurrences. The law of large numbers made sure there were at least several such pieces of wreckage. One of those has a very striking shape that people associated with a religious symbol.
It is still just a striking piece of wreckage and not a religious symbol in and of itself. Some people who see witches and evildoers everywhere ought to just calm down. Let that striking piece of wreckage stand.
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