THE CHRONICLES OF AVE MARIA©: Ave Maria University and Golisano– Timelines and Facts

For Important Background Story:  CLICK HERE

February 24, 2010

by MARIELENA MONTESINO de STUART

For those who are unable to make moral distinctions, it is often easier to dismiss or ignore the facts.

Which begs the question…

Does Ave Maria University administration act on perceptions, or on principles?

During a press conference on November 5, 2009 Ave Maria University’s administration honored billionaire / politician, Tom Golisano, in violation of the rules of the USCCB (United States Conference of Catholic Bishops)– and in violation of conservative values.

TOM GOLISANO - AVE MARIA UNIVERSITY'S NEW FACE OF "PRO-LIFE." Golisano --Major financial supporter of pro-choice politicians and institutions that promote abortion

Golisano has an active and long-standing history of breathtaking financial support of socialist pro-choice politicians (including Barack Obama) and pro-choice institutions.  But Ave Maria University’s administration does not seem to mind– and will also permanently honor Golisano by naming a 38,107 square-foot building after him.  Construction is scheduled to begin soon.

Let’s look at some timelines and facts:

TIMELINE:  October 23, 1994– The New York Times  (PDF) reports Tom Golisano’s statement “I’m pro-choice.”

TIMELINE:  2007– Tom Golisano is honored as the founding sponsor of the Clinton Global Initiative (an organization which  supports abortion on an international level).

Here is a taste– in Bill Clinton’s own words, excerpted below from the CGI website:

“The Clinton Global Initiative may not exist today if not for Tom Golisano. Tom made the initial commitment of several million dollars to make CGI a reality and has been there ever since. I was proud to present Tom with a commitment certificate at the Global Citizen Awards at Carnegie Hall. ”

The Clinton Global Initiative endorses EngenderHealth (www.EngenderHealth.org) an international organization which promotes “safe abortions” on-demand, and which has aggressively fought against the pro-life Mexico City Policy, introduced by Ronald Reagan in 1984.  In addition, the Clinton Global Initiative lists as one of their “strategic partners” the Bill and Melinda Gates Foundation– which also has a long history of supporting “safe abortions” on an international level.

TIMELINE:  2008– Golisano gives $1 million dollars to Barack Obama’s coronation in Denver– reaffirming his long history of contributions to socialist pro-choice politicians.  (The New York Times)(PDF). He also gave millions of dollars to support 50 politicians endorsed by NARAL.  NARAL Pro-Choice New York Political Action Committee works to elect pro-choice candidates across New York State.  Here is the tragic  socialist (PDF) pro-choice success that Golisano helped bring about.

President Barack Obama - Golisano gave One Million Dollars for Barack Obama's Coronation in Denver

TIMELINE:  September 22-25, 2009– the Fifth Annual Meeting of the Clinton Global Initiative is held in New York City.   Golisano appears as a “featured attendee” (you’ll find him right above Al Gore on the  CGI website)(PDF).  The CGI, again, thanks Tom Golisano through its website, as follows:

CGI would like to thank Tom Golisano, major underwriter of the Annual Meeting [2009].” (See “Financing an Equitable Future”). Available in PDF.

TIMELINE:  November 5, 2009– approximately six weeks after the Clinton Global Initiative Fifth Annual Meeting in New York City–  Ave Maria University’s administration rolls out the red carpet, gives Golisano a standing ovation during the press conference and announces it will name a building after him– in exchange for a $4 million dollar donation.

*-IMPORTANT FACT:  Falls Communications (AMU’s PR firm) writes a “recommendation” to Ave Maria University’s administration in preparation for the Golisano press conference.  The “recommendation” outlines what to say, in case questions are posed ”regarding other entities that Mr. Golisano has contributed funds to in the past that may be contrary to the mission of Ave Maria (or any positions he has held politically).”

Here is the full text of the Falls Communications “recommendation” to Ave Maria University, concerning Golisano:

“Golisano: Recommendation from R. Falls“

I recommend we come up with a single positioning statement that Ave Maria leadership can refer to with regard to any and all questions regarding other entities that Mr. Golisano has contributed funds to in the past that may be contrary to the mission of Ave Maria (or any positions he has held politically). Please keep in mind, that if we don’t like the premise of a question — we can always change the premise.

“Let me state how pleased and grateful we are to Mr. Golisano for his generosity and his obvious support of our mission. A gift of this magnitude is a clear demonstration of a personal commitment he has made to Ave Maria which encompasses our curriculum, our core values and our dedication to the teachings of the Church.

“It all comes down to how pressing the media might be regarding his other contributions (or positions) that may be contrary to AMU’s mission. This statement is strong because it focuses on two primary messages:

“1. Our gratitude for the gift

“2. Dedication to our mission “We can precede our answer above with a dismissal of a premise by saying:

“I think that question is not applicable to what we are celebrating today.

“I think it is just the best way out of the situation. Otherwise they will just pick apart any other answer we give them.”

The Falls Communications “recommendation” shows that Ave Maria University’s administration knew about Golisano’s background through their own PR firm.  Add to this, the fact that Golisano’s political “abortion-tolerant” history and long-standing support of  socialist pro-choice politicians and pro-choice institutions, are easily accessible through online news sources and public records.

Ave Maria University’s administration chose to follow the ”recommendation” from the PR firm and proceeded with the honoring of Golisano– ceremonially, and permanently– by naming a building after him.  All in violation of the USCCB rules, which state:

The Catholic community and Catholic institutions should not honor those who act in defiance of our fundamental moral principles. They should not be given awards, honors or platforms which would suggest support for their actions.”–  From Catholics in Political Life (USCCB 2004).

The USCCB makes it very clear:  “support for their actions.” Golisano has a clear and long-standing record of actions that support pro-choice politicians and pro-choice institutions.

TIMELINE:  December 3, 2009– public pressure builds.  Golisano writes a letter addressed to Tom Monaghan (made public by AMU) where Golisano claims that he really is pro-life!  In this letter Golisano writes that The New York Times quoting him as being “pro-choice” is a misinterpretation of his position, which he says is pro-life now and has always been pro-life; however, Golisano fails to explain his long-standing history of financial support of socialist pro-choice politicians and pro-choice institutions.

Golisano’s letter (again– dated December 3rd) is his 2009 public response to The New York Times October 23, 1994 article (meaning– the article had circulated for 15 years).  The New York Times quote is excerpted as follows:

Where do you stand on abortion?” one woman asked him.

Mr. Golisano responded, “The country has been very clear that it wants choice, and I’m pro-choice.”

Here is Golisano’s explanation of the “misinterpretation”:

“What I proclaimed as a candidate was that, if elected, I would be bound to enforce the laws of the State of New York, whether I agreed with them or not.  These laws obviously allow a woman to choose to have an abortion.”

READ MY COMMENTARY about Golisano’s futile attempt to explain his “I’m pro-choice” statement.

TIMELINE:  January, 2010– the William J. Clinton Foundation, which openly supports abortion, releases its list of

Bill Clinton - On January, 2010 the William J. Clinton Foundation announced it had received between 10-25 million dollars from Golisano. The Clinton Foundation openly supports abortion.

contributors–listing Golisano in the second highest tier– having given between 10 and 25 million dollars to said foundation since its inception, less than ten years ago.  Click HEREto view the list (PDF).   The breathtaking amount of Golisano’s monetary contribution to the Clinton Foundation is listed in the same category of contributions given by the Government of Norway and the Kingdom of Saudi Arabia.

TIMELINE :  February 16, 2010– Tom Monaghan again honors Golisano at Ave Maria University during the groundbreaking ceremony of the building that will be named after Golisano.

TIMELINE:  March 10, 2010 – Court upholds $26 million award against Tom Golisano.  Associated Press story may be read here (available in PDF). Further details available from the PRWeb HERE (available in PDF). You may also read  court document related to this case here (available in PDF).

TIMELINE: April 28, 2010  at 10:45 a.m. – Tom Golisano endorses pro-choice Charlie Crist for the U.S. Senate.  Crist was a Republican who turned Independent.

(Excerpt from The St. Petersburg Times):

Crist kisses his fingers and touches them to a mezuzah, a small scroll affixed to his door frame that was a gift from state Rep. Adam Hasner, one of the many Republicans who now despise him. “It’s supposed to bring good luck,” Crist says. He reaches for his black Samsung cell phone to check messages. The in-box is full.”

“Ever heard of Tom Golisano?” he asks, reading glasses perched on the end of his nose. “He just left a message.”

Golisano is a billionaire businessman and owner of the Buffalo Sabres who has run as an independent candidate for governor in New York and recently moved to Naples.

“He said, ‘I’m just calling with words of encouragement on your decision. Let me know what I can do to help.’ ”

Crist needs it. Even though he hasn’t publicly made the switch to independent, some Republicans are saying they will ask for their money back, endangering Crist’s estimated $6 million stockpile.

You may read the full article on The St. Petersburg Times website here. Also available in PDF.

TIMELINE:  May 3rd, 2010- Excerpt from the The Buffalo News:

Billionaire B. Thomas Golisano’s political organization remains under investigation for election law violations after a State Supreme Court justice last week dismissed his efforts to halt the probe of his Responsible New York committee and its chief operative, G. Steven Pigeon.”

Read the full article from The Buffalo News website here.  Also available in PDF.

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Questions Regarding Ave Maria University and Public Perception

How can Ave Maria University’s administration continue to identify itself as “unabashedly Catholic” while honoring Golisano?

How can  Ave Maria University’s administration continue to promote and participate in ”pro-life” activities, while honoring Golisano?

Are the words “Catholic” and “pro-life” all about PR and looking good on paper– as far as Ave Maria University’s administration  is concerned?

How long will we have to witness individuals and institutions using and abusing the words “pro-life” (a sacred cause) as a PR angle for the promotion of their own projects?

Parting Thoughts

Those who have made a career out of their list of contacts in the world of politics and religion continue to justify reprehensible acts, such as the honoring of Golisano by Ave Maria University.  Is it that their hunger for influence and access to the wealthy has not yet reached a satisfying level?

The ability to discern what is intrinsically wrong has always been the greatest challenge for those that seek power and control.  That is why the selfless defense of human life beckons.

© Marielena Montesino de Stuart

This article was adapted from The Lifting of a Draconian Ban, A Cardinal’s Visit… and Monaghan Missing in Action.

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IMPORTANT BACKGROUND STORY:  CLICK HERE

Related Story:  Ave Maria University Involved in Scandals

Marielena Montesino de Stuart

E-Mail:    ContactTRCW@aol.com

You may also read Marielena Montesino de Stuart’s commentaries through: RenewAmerica, USAToday, Forbes.com, The Dallas Morning News, U.S. Politics Today (an EIN Service for Political Professionals-*) Poynter Online, Spero News, Daily Estimate, The New Liturgical Movement-Poland, The Naples Daily News, Les Femmes-The Truth, Culture War Notes,  ProLife Blogs,  The Wanderer, The Times of India, etc.

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TOPICS FOR DISCUSSION:  Monaghan’s Ave Maria Town “Scheme” + Is Abortion Allowed in Monaghan’s Ave Maria? + Tom Golisano gives Millions of Dollars to the William J. Clinton Foundation + Ave Maria University Honors Tom Golisano who is an Active Financial Supporter of Pro-Choice Politicians and Pro-Choice Institutions + Catholic Media Coalition +  Les Femmes-The Truth+  Blood Money+ Ave Maria Florida + Ave Maria University is Not a Catholic University +  Ave Maria University Bullying +  Is Ave Maria University ready to face ”Blood Money”?+  Ave Maria Stewardship Community District (AMSCD) Town Government +  Does AMU have a Right to Criticize Notre Dame? + What is the ”Ave Maria University Council” and what is its purpose? +  What is the Status of Ave Maria University’s Accreditation Process?  + Ave Maria University Board of Trustees +  Bishop Frank J. Dewane + The Two Firings of Father Joseph Fessio SJ + Firing a Priest + Lack of Fiduciary Responsibility + Institutional Instability + Tom Monaghan + Nicholas J. Healy Jr., President of Ave Maria University + Barron Collier the Ave Maria Town Developer + Ave Maria Development + Nua Baile + Ave Maria University 2nd Mortgages + Ave Maria Real Estate + Naples Daily News + The Wanderer Catholic Newspaper + Open Letter to the Ave Maria University Board of Trustees + Ex Corde Ecclesiae + Summorum Pontificum + Latin Mass + Communion Rail + etc.

© All Rights Reserved

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READ OTHER TOP STORIES:

RHETORIC vs. ACTIONS:  Is Abortion Allowed in Monaghan’s Ave Maria?

AVE MARIA and ABORTION:  The Controversy Behind Monaghan’s Ave Maria Town “Scheme” (by Constitutional Scholar Charles E. Rice)

Read background story about Golisano and AMU

The Lifting of a Draconian Ban, a Cardinal’s Visit… and Monaghan Missing in Action

Notice to readers

THE CHRONICLES OF AVE MARIA©: AVE MARIA UNIVERSITY– The Lifting of a Draconian Ban, A Cardinal’s Visit… and Monaghan Missing in Action

The Roman Catholic World

Monday – February 15, 2010

THE WANDERER, February 18, 2010 Edition (Page 7) - "Ave Maria University... A Ban Lifted, a Cardinal's visit and Monaghan MIA" by Marielena Montesino de Stuart

Ave Maria University… A Ban Lifted, a Cardinal’s Visit and Monaghan MIA was published in the February 18, 2010 Edition of The Wanderer (Page 7).  It was available online as of February 12, 2010 at 1:00PM Eastern Time.  Here is the enhanced version for The Roman Catholic World.

By MARIELENA MONTESINO de STUART

 

AMU and The Stockholm Syndrome

Does Ave Maria University administration act on perceptions, or on principles?

During a press conference on November 5, 2009 Ave Maria University’s administration honored billionaire / politician, Tom Golisano, in violation of the rules of the USCCB (United States Conference of Catholic Bishops).  Golisano has an active and long-standing history of breathtaking financial support of pro-choice politicians and pro-choice institutions.  But Ave Maria University’s administration does not seem to mind– and will also permanently honor Golisano by naming a 38,107 square-foot building after him.  Construction is scheduled to begin soon.

In spite of having obtained a formal press registration as a reporter for The Wanderer, AMU’s administration banned me from Golisano’s controversial press conference on November 5, 2009– and from over 900 acres of university property— indefinitely! 

Click on the following important link for Ave Maria University and Golisano:  Timelines and Facts

It should come as no surprise that AMU’s administration chose to lift my ban just before the visit of  Francis Cardinal George, on February 2nd.  This came about through an unexpected notice indicating that the “senior leadership” (whatever that is) had decided “in charity” to give me permission to enter the campus, “in view of the fact that there are events on campus this spring which you might wish to attend.”  

No assurances were given when I asked that AMU stop harassing me through their Security Guards or by calling the Sheriff,  if  I step back on AMU property.  Noteworthy is the fact that I had not contacted the AMU administration, nor did I agree to anything in return for the lifting of this ban.

Sheriff Deputy and Thomas Minick (Chief Security Guard) threaten me with arrest to keep me out of Golisano Press Conference on Nov. 5, 2009

The Ave Maria University administration refuses to explain what it considers “disruptive” (the only reason given for my ban).  The administration also refuses to explain why suddenly I am not considered “disruptive”—since I continue to write– and I certainly will continue to attend town government meetings (where on 11/03/2009 I asked questions  regarding Florida statutes— questions which AMU labeled as “disruptive” and used as the basis for my ban, pursuant to their own statements to the press).   The reader should note that town government meetings are unrelated to AMU matters.  See News Coverage of Ban at the end of this article.

Ave Maria, Florida

AMU’s administration is more interested in looking good, than in treating me justly.  My ban, and the lifting thereof,  reminds me of the Stockholm Syndrome— a paradoxical phenomenon where your captors  increase your pain, then expect gratitude when they offer to relieve it back to where it was, before they increased it.  

 A Prince of the Church visits the campus

While centers of higher education respect agreements established with visiting lecturers—this is not always true at Ave Maria University.

Francis Cardinal George - President of the USCCB

Case in point:  Francis Cardinal George, from the Archdiocese of Chicago, who is also President of the United States Conference of Catholic Bishops (USCCB) visited Ave Maria University on February 2^nd.  Much to Francis Cardinal George’s surprise, the lecture he had been invited to give, turned into a big public event–  the Spring Formal Convocation. Ave Maria University’s administration went so far as to display the seal of the Archdiocese of Chicago on the AMU program handed to the public.

An Honorary Doctorate was given to His Eminence, amidst a display of pomp and circumstance.  The public relations machine and photo op was out in full force.  So much so, that the administration and faculty appeared in full regalia. But not His Eminence, who came in proper, but simple priestly attire—expecting to deliver a quiet lecture to a group of students.

The ceremony included a strange report by John E. Sites, V.P., of Academic Affairs, regarding the ongoing confusing status of the application for accreditation through SACS (Southern Association of Colleges and Schools)– as well as the “exit interview”.  Sites’ remarks culminated with the following amazing warning in front of a public audience, which must have  left His Eminence perplexed, at best:

“Now, I don’t want to hear from anybody in this room, or anybody within I could get to, who says anything about accreditation.  The quickest way to do us damage is for anybody to say ‘oh, I was at the meeting and I think it’s all OK.’  Nothing is OK ‘til June, until the commission… whatever you do remember that we don’t have any control, it’s all up to the commission on colleges.  We leave the decision to them.  Nobody says anything.”

“Nobody says anything.”  That always seems to be the mantra at AMU.

Nick Healy, President of Ave Maria University

Nick Healy, President of Ave Maria University, praised His Eminence’s work, and stated that in the decades following the Second Vatican Council “confusion reigned in many theological circles.”  Healy added , “while there is still much repair work, and I think that Ave Maria is part of that repair work, I also think it’s safe to say that the worst of the crisis of Truth within the Church has passed.” 

One is to assume that Healy’s expertise on ecclesiastical matters does not come from the fact that he is a maritime lawyer—but from the fact that his administration was prone to issuing liturgical directives.

In his opening remarks, Cardinal George expressed his surprise at the big convocation production, as follows:

“I hadn’t realized this was to be a convocation discourse.  I responded to an invitation from my friend of many years, Professor Lamb.  Father Lamb and I have worked together in different ways, and I thought he was inviting me to give a talk to the Theology Department, and I come to see that it’s something of far greater import, and I’m deeply honored that you’ve asked me to be part of this convocation.”

His Eminence then went on to deliver the lecture he had originally planned for the Theology Department, which covered the topic of the intersection or relationship between Catholicism and American culture, placing importance on the fact that “you have to evangelize the culture” and that  “there needs to be evangelization beyond individual conversion.” Cardinal George spoke about the Holy Father’s address to the Roman Curia on December 22, 2005 regarding the hermeneutics of continuity, versus the “hermeneutics of discontinuity and rupture”—“which avails itself of the sympathy of the mass media.”   His Eminence ended his lecture by quoting St. Augustine of Hippo—“Our hearts are restless until we rest in God.”

A Contradiction

The first part of Cardinal George’s remarks regarding the nature of his visit to AMU is consistent with a statement I received from His Eminence’s Director of Communication and Public Relations, the day before the Cardinal’s visit to AMU; however, Cardinal George’s additional comment of being “deeply honored” contradicts the remaining part of the  public relations statement, which is provided below, for the benefit of the reader.

Statement dated February 1, 2010 from the Director of Communication and Public Relations at the Archdiocese of Chicago:

“As to the occasion of his talk, several months ago, Prof., Matthew Lamb, the chair of the Theology Department at Ave Maria University invited Cardinal George to give a lecture sponsored by his department.  Prof., Lamb is a longtime friend of Cardinal George, and the Cardinal accepted the invitation.  The Cardinal’s lecture should not be interpreted as a statement about recent developments at Ave Maria University or about the University itself.”

On November 5, 2009 Ave Maria University’s administration violated the guidelines of the USCCB regarding the honoring of individuals who support the culture of death, when the university’s administration honored Tom Golisano, an active financial supporter of pro-choice politicians and institutions that promote abortion at a national and international level.   In addition, Golisano ran three times for governor of New York on an “abortion-tolerant” platform.  In spite of his active and breathtaking financial support of politicians and institutions that support the culture of death, Golisano says that he is pro-life.  Another case where rhetoric is not supported by actions.

Which begs the question– will Cardinal George’s visit to AMU be perceived by the public as an endorsement of Ave Maria University—in spite of AMU’s violation of USCCB rules, by honoring Golisano? 

The manner in which Cardinal George diffused the embarrassing situation of his scheduled lecture turning into a full-blown formal convocation, reminds us of St. Francis de Sales words: “When you encounter difficulties and contradictions, do not try to break them, but bend them with gentleness and time.”    

Monaghan… Missing in Action

Thomas S. Monaghan

Meanwhile, Tom Monaghan, the Chancellor of AMU, was nowhere to be seen.

Where was he?  The Washtenaw Trial Court’s website in Michigan had announced  Ernsting vs. Ave Maria in the court’s calendar for Feb. 2^nd and 3^rd.  

On February 9th, in an article titled “Fighting the College that Pizza Bought”  Laura Berman of The Detroit News wrote about this trial:

“It’s been two years since a state appeals court panel approved her [Ernsting’s] case, ostensibly clearing it for trial.  The Ave Maria lawyers resisted.  They appealed to the state Supreme Court, which declined to hear it.  They filed a motion arguing Ave Maria is entitled to an obscure “ecclesiastic abstention” that makes the college immune from secular court review, which was denied by a judge.”

Perhaps Monaghan claimed “ecclesiastic abstention” as the reason for his absence during the Cardinal’s visit.

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READ OTHER TOP STORIES:

RHETORIC vs. ACTIONS:  Is Abortion Allowed in Monaghan’s Ave Maria? 

AVE MARIA and ABORTION:  The Controversy Behind Monaghan’s Ave Maria Town “Scheme” (by Constitutional Scholar Charles E. Rice)

Read background story about Golisano and AMU

News Coverage of Ban:  The draconian ban that was imposed on me by AMU was covered by print and online media, which included the following:

Naples Daily News headline  print edition on 11-12-09 (click HERE).  

FOX 4 News Covered the story HERE ,  HERE and HERE. 

Instapundit linked to the story of the ban HERE.   Politico.com lists Instapundit as one of the five best read national conservative blogs, averaging over 425,000 page views per day. 

Poynter Online linked to the story HERE  

The President of the Catholic Media Coalition, Mary Ann Kreitzer, wrote about it HERE.  

The Chronicles of Ave Maria©  click HERE for further details on the ban.

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© All Rights Reserved                   www.TheRomanCatholicWorld.com

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Marielena Montesino de Stuart

Marielena Montesino de Stuart writes for The Wanderer and for www.TheRomanCatholicWorld.com  You may contact her at ContactTRCW@aol.com

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TOPICS FOR DISCUSSION:  Monaghan’s Ave Maria Town “Scheme” + Is Abortion Allowed in Monaghan’s Ave Maria? + Tom Golisano gives Millions of Dollars to the William J. Clinton Foundation + Ave Maria University Honors Tom Golisano who is an Active Financial Supporter of Pro-Choice Politicians and Pro-Choice Institutions + Catholic Media Coalition +  Les Femmes-The Truth+  Blood Money+ Ave Maria Florida + Ave Maria University is Not a Catholic University +  Ave Maria University Bullying +  Is Ave Maria University ready to face ”Blood Money”?+  Ave Maria Stewardship Community District (AMSCD) Town Government +  Does AMU have a Right to Criticize Notre Dame? + What is the ”Ave Maria University Council” and what is its purpose? +  What is the Status of Ave Maria University’s Accreditation Process?  + Ave Maria University Board of Trustees +  Bishop Frank J. Dewane + The Two Firings of Father Joseph Fessio SJ + Firing a Priest + Lack of Fiduciary Responsibility + Institutional Instability + Tom Monaghan + Nicholas J. Healy Jr., President of Ave Maria University + Barron Collier the Ave Maria Town Developer + Ave Maria Development + Nua Baile + Ave Maria University 2nd Mortgages + Ave Maria Real Estate + Naples Daily News + The Wanderer Catholic Newspaper + Open Letter to the Ave Maria University Board of Trustees + Ex Corde Ecclesiae + Summorum Pontificum + Latin Mass + Communion Rail + etc. 

NOTICE TO READERS: 

Marielena Montesino de Stuart and  www.TheRomanCatholicWorld.com  do not disparage anyone’s motives at Ave Maria, Ave Maria University, including the administrators, Ave Maria entities, Ave Maria Town, and Barron Collier Co.  Nothing contained in The Chronicles of Ave Maria© or Divine Comedy©, or anywhere on this blog/website questions the commitment of all involved to what they genuinely see as the best interests of Ave Maria, Ave Maria University, Ave Maria entities, Ave Maria Town and Barron Collier Co.  Marielena Montesino de Stuart and www.TheRomanCatholicWorld.com concede this.

THE CHRONICLES OF AVE MARIA©: AVE MARIA and ABORTION– The Controversy Behind Monaghan’s Ave Maria Town “Scheme” (a Constitutional Law Scholar’s Analysis)

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The Roman Catholic World

February 13, 2010

How quickly they forget…

[Ave Maria] Project manager Blake Gable says all businesses in Ave Maria fall under the same ordinances as every other vendor in Collier County and to think that businesses would be treated differently just because a catholic church stands in the middle of the town is outrageous.

July 20, 2007 WINK News (a Southwest, Florida CBS affiliate).

Here is what a prominent conservative Catholic constitutional scholar had to say: 

Will Ave Maria Town be required to permit the performance of some abortions?

Yes, if, as seems clear, Ave Maria is subject to the Four­teenth Amendment under the crite­ria of Marsh v. Alabama.”

But if “promo­tion” of abortion is not counseling or referral, what is it?  Does it in­clude the performance of abor­tions? Can you promote abortion by performing abortions? 

The draft­ers of Section 6.5(V) drew a dis­tinction between performance and promotion of abortion. But how can you perform abortions without promoting abortion? Promotion, unlike counseling and referrals, is a vague term and should not have been used in that context.

If the ab­solute prohibition of abortion is void and if promotion of abortion can include performance of abor­tions, Mrs. Marielena Montesino de Stuart’s criticism has merit.

In any event, Mrs. Montesino de Stuart understated her case. Will Ave Maria Town be required to permit the performance of some abortions? Yes, if, as seems clear, Ave Maria is subject to the Four­teenth Amendment under the crite­ria of Marsh v. Alabama.”

Charles E. Rice,

Constitutional Law Scholar and Professor Emeritus at Notre Dame Law School

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THE WANDERER - February 18, 2010 Issue - Front Page Feature Story by Charles E. Rice: AVE MARIA and ABORTION: The Controversy Behind Monaghan's Ave Maria Town "Scheme"

The Wanderer–EDITOR’S NOTE:  On January 14, 2010 The Wanderer published an article titled Rhetoric vs. Actions: Is Abortion Allowed in Mon­aghan’s Ave Maria?  (Read article  HERE).

In that arti­cle, the author, Marielena Montesi­no de Stuart, exposed Ave Maria Town court documents that include vague clauses regarding abortion, embryonic stem- cell research, adult bookstores, as well as refer­ences to other activities that are against Church teachings and are offensive to Catholics. 

Based on the court documents, Mrs. Montesino de Stuart argued that abortion is, in fact, allowed in Ave Maria — which is in stark contrast with Thomas S. Mon­aghan’s well-documented promo­tion of Ave Maria as a “ Catholic town” and a “ Catholic hub” where abortion and the above-referenced activities would be prohibited.

 

Charles E. Rice is Professor Emeritus at the University of Notre Dame Law School.  His areas of expertise are constitutional law and jurisprudence. He has served as a consultant to the U.S. Commission on Civil Rights and to various con­gressional committees on constitu­tional issues, and is an editor of the American Journal of Jurisprudence.

Professor Rice weighs in with the following analysis:

  

Abortion is an evil, as are embry­onic stem-cell research, in vitro fer­tilization, cloning, “ adult” book­stores, and “adult” entertainment, all of which the town of Ave Maria claims to prohibit within its jurisdic­tion. Our focus here is a single ques­tion: Can Ave Maria Town legally prohibit all abortion within its juris­diction?  The answer appears to be:  No.

The “Covenants, Conditions and Restrictions” filed by the Town in 2007 provide that “The following operations and uses shall not be permitted on any Lot under any cir­cumstances: . . . . (V) Operation of any facilities in which abortions, as defined in Chapter 390, Florida Statutes (2006), are performed, or any use by which abortion is pro­moted or is the subject of counsel­ing or referrals when such promo­tion and/or counseling and/or re­ferrals are a substantial part of the use of the facility, i.e., comprising 25% or more of the activities of the facility.” Section 6.5(V).

Ave Maria, Florida

Supreme Court precedents indi­cate that such a prohibition by an entity such as Ave Maria Town is unconstitutional. That conclusion applies similarly, for various rea­sons, to the covenants’ prohibitions of embryonic stem-cell research, in vitro fertilization, cloning, “ adult bookstores,” and “adult entertain­ment establishments.” Sections 6.5(U), (V). To avoid excess length, these comments will address only the abortion issue. 

Roe v. Wade and other Supreme Court rulings protect the right to abortion against infringement by federal, state, and local govern­ments. Before viability, govern­ments may not prohibit abortion; after viability, governments may prohibit abortion except where it is necessary to protect the woman’s life or health. In the joint opinion is Planned Parenthood v. Casey (1992) and in the opinion for the court in Stenberg v. Carhart (2000), the court adopted the “undue bur­den” test under which a law will be invalidated “if its purpose or effect is to place a substantial obstacle in the path of a woman seeking an abortion before the fetus attains vi­ability.”  Casey, 505 U.S. at 878.  In Casey, the Court upheld a 24­hour waiting period, a requirement that the woman be told of the avail­ability of information about her un­born child, and reporting and re­cording requirements. An absolute prohibition of abortion in a jurisdic­tion will not be sustained. Apparent­ly, of course, a reasonable and nondis­criminatory zoning ordinance may re­strict medical, business and other uses to certain areas. Section 6.5(V) of the Ave Maria Town covenants is discrim­inatory because it singles out abortion for prohibition.

Roe v. Wade is an interpretation of the Fourteenth Amendment which provides that: “No State shall . . . deprive any person of life, liber­ty or property without due process of law; nor deny to any person with­in its jurisdiction the equal protec­tion of the laws.” That Amendment therefore does not ordinarily apply to private persons and entities.  

 

The Supreme Court has held, however, that a private property owner exercising a “public func­tion” can be bound by the Four­teenth Amendment. The leading case is Marsh v. Alabama (1946), holding that Chickasaw, a compa­ny town owned by the Gulf Ship­building Corporation, may not pro­hibit the distribution of religious literature on its sidewalks: “The property consists of resi­dential buildings, streets, a system of sewers, a sewage disposal plant, and a ‘business block’ on which business places are situated. . . . In our view, the circumstance that the property rights to the premises where the deprivation of liberty, here involved, took place were held by others than the public is not sufficient to justify the State’s permitting a corporation to govern a community of citizens so as to restrict their fundamental liberties and the enforcement of such restraint by the application of a state statute.” 326 US at 502, 509.

Remember that, under Supreme Court rulings, the right to abortion is a fundamental liberty.

The Marsh “ public function” principle was later held not to ap­ply to a prohibition of picketing in a privately owned and operated in­door shopping mall in a single large building. Hudgens v. NLRB (1976). The Court in Hudgens re­affirmed Marsh on its facts: “The question is, under what circum­stances can private property be treated as though it were public? The answer that Marsh gives is when that property has taken on all the attributes of a town, i.e., ‘resi­dential buildings, streets, a system of sewers, a sewage disposal plant and a business block on which business places are situated’.” 424 U.S. at 516 (emphasis in original).

Under the criteria of Marsh v. Al­abama, Ave Maria is as fully exer­cising a public function as was Chickasaw. Moreover, Florida state and local governments are direct­ly involved in a symbiotic relation­ship with Ave Maria to an extent that was not present in the Chick­asaw situation.

The Florida statute that created the Ave Maria Stewardship Com­munity District stated that “[t]he critical single purpose of the Ave Maria Stewardship Community District [is] to provide basic infra­structure systems, facilities, servic­es, works and improvements to the private Ave Maria university new town community.” Laws of Florida, Chapter 2004- 461, Section 2(2)(n)(page eight) (citations hereafter will be to pages of that complicat­ed statute). “[ T] o implement the special requirements of this univer­sity new town” (page 35), the Dis­trict is granted “ special powers” over, among other subjects, “water management and control . . . water supply, sewer, . . . wastewater man­agement . . . [p]arks . . . [f]ire pre­vention and control . . . security [and] waste collection, and dispos­al.” (pages 35-40).

The governing body of the Dis­trict is a five-member Board of Su­pervisors who are “public officers.” (page 28). They are initially elect­ed by the landowners, with “each owner of [an] acre or fraction there­of . . . entitled to one vote.” (page 25). The Act allows a transition to election by “ qualified electors” when the District “has at least 500 qualified electors.” (page 26).

In these and other respects, Ave Maria Town looks more like a mu­nicipality than a private enclave. There was no comparable explicit governmental involvement with Chickasaw in the Marsh case.

Whether Ave Maria Town exer­cises a “ public function” and is therefore subject to the Fourteenth Amendment will ultimately be deter­mined by the courts, perhaps in liti­gation arising from efforts of an abor­tuary to locate in that community.

If, as it appears, Ave Maria is bound by the Fourteenth Amend­ment under the Marsh criteria, its attempted absolute prohibition of abortion in Section 6.5(V) is un­constitutional and therefore void. Its further prohibition of “any use by which abortion is promoted or is the subject of counseling or referrals…comprising 25% or more of the activities of the facility” would appear to be unconstitution­al as inflicting an “undue burden” on the right to abortion.

A curious question arises from the conclusion that the absolute prohibition of abortion in the first sentence of Section 6.5(V) is un­constitutional and void. If that pro­hibition is void, all that could pos­sibly be left of Section 6.5(V) is the restriction on promotion, counsel­ing and referrals.

But if “promo­tion” of abortion is not counseling or referral, what is it?  Does it in­clude the performance of abor­tions? Can you promote abortion by performing abortions?

The draft­ers of Section 6.5(V) drew a dis­tinction between performance and promotion of abortion. But how can you perform abortions without promoting abortion? Promotion, unlike counseling and referrals, is a vague term and should not have been used in that context. If the ab­solute prohibition of abortion is void and if promotion of abortion can include performance of abor­tions, Mrs. Marielena Montesino de Stuart’s criticism has merit.

In any event, Mrs. Montesino de Stuart understated her case. Will Ave Maria Town be required to permit the performance of some abortions? Yes, if, as seems clear, Ave Maria is subject to the Four­teenth Amendment under the crite­ria of Marsh v. Alabama.

The underlying problem here is that the architects of the Ave Mar­ia scheme undertook to create a town and exempt it from the con­stitutional restrictions that apply to state and local governments and to private persons assuming public functions by the operation of such a town. The incoherence of that course legally means that it will ap­parently be up to the abortionists to decide whether some abortions will be performed in Ave Maria Town. Any claim to the contrary is, in my opinion, a misrepresentation.

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TOPICS FOR DISCUSSION:  Monaghan’s Ave Maria Town “Scheme” + Is Abortion Allowed in Monaghan’s Ave Maria? + Tom Golisano gives Millions of Dollars to the William J. Clinton Foundation + Ave Maria University Honors Tom Golisano who is an Active Financial Supporter of Pro-Choice Politicians and Pro-Choice Institutions + Catholic Media Coalition +  Les Femmes-The Truth+  Blood Money+ Ave Maria Florida + Ave Maria University is Not a Catholic University +  Ave Maria University Bullying +  Is Ave Maria University ready to face ”Blood Money”?+  Ave Maria Stewardship Community District (AMSCD) Town Government +  Does AMU have a Right to Criticize Notre Dame? + What is the ”Ave Maria University Council” and what is its purpose? +  What is the Status of Ave Maria University’s Accreditation Process?  + Ave Maria University Board of Trustees +  Bishop Frank J. Dewane + The Two Firings of Father Joseph Fessio SJ + Firing a Priest + Lack of Fiduciary Responsibility + Institutional Instability + Tom Monaghan + Nicholas J. Healy Jr., President of Ave Maria University + Barron Collier the Ave Maria Town Developer + Ave Maria Development + Nua Baile + Ave Maria University 2nd Mortgages + Ave Maria Real Estate + Naples Daily News + The Wanderer Catholic Newspaper + Open Letter to the Ave Maria University Board of Trustees + Ex Corde Ecclesiae + Summorum Pontificum + Latin Mass + “Where did the Communion Rail Go?” (the Communion Rail controversy) + etc.

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