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Contents © 2000
by Jim Holman.
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NEWS
OCTOBER 2000

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AS THE ASSEMBLY SPEAKER CALLED session to order on the morning of August 31st, assemblymembers were staring at a mountain of legislation while the clock moved towards the midnight deadline. The assembly convened at 9:00 a.m., giving members 15 hours to debate and vote on the approximately 294 bills remaining. To finish, legislators needed to consider 19.6 bills an hour. In the three days prior to the final day of session both houses averaged approximately 100 bills a day. Around midnight, the assembly had dispensed with approximately 260 bills, but more than 30 died without being heard on the assembly floor. This is the first time since 1980 that bills assemblymembers wanted to take up died because midnight arrived before they could be brought up for a vote. The 1999-2000 legislative session ended in the early hours of the morning of September 1st, or did it? By law, the two-year session ends on August 31. According to staff computers in the capitol, the last bill was posted at 12:02 a.m. -- two minutes past the constitutional deadline that ends the two-year session. Clean-up work not affected by the deadline followed, and the final gavel came down just shy of 3 a.m. The previous years' summer deadline was extended by stopping the assembly floor's clock. But the end of the two-year session cannot be ignored owing to a specific clause in the California constitution, which ends the session for legislation without urgency clauses on the 31st. Nonetheless, Speaker Robert Hertzberg (D-Sherman Oaks) successfully jammed his final item through -- assembly bill 2547, which seeks to mandate the department of health services to provide information on the internet about health facility licensees. Presiding Speaker Fred Keeley (D-Santa Cruz) ignored Republican pleas that time had expired and asked the clerk to open the roles. If signed by the governor, Republicans hope the measure will be thrown out in court.

While Republicans defeated "de facto parent" legislation, that would have allowed non-relatives to sue for custody of others' children, pro-life forces were disappointed when Senator Burton's bill, 370, passed both houses in the final week. The measure repeals the penal code sections that enable the felony prosecution of illegal abortionists. Burton argued the bill was needed to do away with an antiquated law from the 1870s which could imprison a woman and her doctor for seeking an abortion. If the bill is signed by the governor, the only provisions in law for prosecuting illegal abortions will be under the business and professions codes -- normally misdemeanors. California Prolife argued the need for the codes, pointing out the successful prosecution of Alicia Ruiz Hanna in 1995. While Hanna was convicted in Orange County Superior Court of killing Angela Sanchez in a botched abortion, a jury also convicted her of three counts of "unlawful abortions" under penal code 274, which will be repealed under Burton's bill. Jan Carroll of California Prolife, said, "We shouldn't have to wait until someone is killed before we prosecute an illegal abortionist." Senator Burton put amendments in the bill on June 22 that would have allowed for criminal prosecution for surgical abortions performed by those who do not have a license to practice surgery, or a certificate obtained in accordance with some other provision of the law. California Prolife argued that the June 22nd amendments, by narrowing the penalty aspect of the bill to surgical abortions, ignore the potentially vast number of drug-induced abortions by way of methotrexate (a cancer drug used for abortions) or soon by RU 486. The revisions open up the ability of non-physician medical personnel, like nurse practitioners, or physician assistants, to perform drug induced abortions, despite the 'physician only' provisions in the Therapeutic Abortion Act. The California Catholic Conference also worked the bill hard, but they could not persuade enough legislators to kill the measure. By a party line vote of 42-22, on August 29, the assembly passed the bill. Assemblyman Bill Campbell (R-Orange) offered an amendment to retain the felony provision for those who perform illegal abortions. Democrats killed the amendment on a party line vote of 37-21. Campbell said senate bill 370 "creates a real risk for women."

Curiously, the California Medical Association supported the bill. Normally trade association lobbyists seek to protect the business interests of their clients. But in this case, making it easier for non-doctors to get away with performing illegal abortions was not a problem for CMA associate director Dr. Shannon Smith-Crowley. Also in support of the bill was the California Commission on the Status of Women.

Overwhelming Republican opposition helped doom legislation that would have given "de facto parents" visitation rights. Senate bill 1173 by Senator Vasoncellos, (D-San Jose) would have granted such rights to former domestic partners of custodial parents who for a time assumed the role of parent. Had the measure passed, it would have represented the first time that former girlfriends and boyfriends were given visitation rights to their former partner's children. In the opinion of many family groups, it could have subjugated the rights of parents to decide what is best for their children to the demands of an adult who bears no legal responsibility for the child's welfare. According to an opinion written by the Coalition for Family Equity, "For years child development experts have warned of the damage done to children in high-conflict cases. Senate bill 1173 [would have widened] the circle of conflict, including protracted and hostile court proceedings and expensive evaluations, to an entire new category of families." Assemblyman Steve Baldwin (R-El Cajon) said "Giving these rights to 'de facto' parents for such a nebulous concept opens a can of worms that will only lead to more litigation." Assemblyman Rod Pacheco (R-Riverside) urged opposition to the measure, saying that the term "domestic partner" was ill-defined in the legislation and could have been taken to mean "long-time family friend." He also said the bill would only lead to more litigation.

Parents and pro-family lobbyists were active is opposing a slew of bills intended for schoolchildren that would promote acceptance of lesbian, gay, bisexual, and transgender behavior. One bill, Senator Tom Hayden's (D-Los Angeles) 1326, called for school curriculum that would promote greater educational understanding of "homophobia ... and other forms of bigotry." The measure failed in the assembly by a vote of 38 'ayes' -- three short of passage. All Republicans voted against the measure, and many assemblymembers thought to be in close races this fall either abstained or voted against the bill after being targeted by the Traditional Values Coalition, Campaign for California Families, the Catholic Conference, and others. Campaign for California Families purchased 20 full-page newspaper ads in the districts of 8 targeted lawmakers. Other measures, mostly of the 'hate crimes' in schools variety, were jammed through in the last two weeks. It remains a question whether these bills, which could make expressing a Catholic viewpoint in schools punishable, will clear scrutiny from the courts.


AUGUST TOASTS TERMED-OUT LEGISLATORS. Term limits are having a dramatic affect on life in the capitol. As old traditions crumble, the term limit era has created its own tradition in both houses, the send-off toast. During the toast for outgoing Senator Patrick Johnston (D-Stockton), Senator Tom Hayden toasted Johnston for his Catholic past as a graduate of St. Patrick's seminary, writer for the Catholic Monitor, persistent opponent of the death penalty and a humanitarian in the Jesuit tradition. Hayden said, " I find it unfortunate that you don't come from a more progressive district. I would love to see you reincarnated as a Catholic activist in San Francisco." Johnston is a long time supporter of abortion rights.


SAN FRANCISCO'S PACIFIC JUSTICE INSTITUTE has filed objections to new educational regulation proposed by California's state board of education. Pacific Justice Institute said the proposed regulations "would require all student clubs including Bible clubs, to extend membership to students regardless of their sexual orientation or religion." The regulations come out of last year's assembly bill 499, by Assemblymember Sheila Kuehl (D-Santa Monica) Pacific Justice Institute president, Brad Dacus, said, "While Bible clubs have no problem allowing anyone to attend their meetings, it is a violation of their rights of expressive association to be forced to have voting members who not only disagree with the purpose of the club but who are committed to its demise." Dacus also said the regulations appeared just after the U.S. Supreme Court affirmed boy Scouts' and other private groups' "expressive association" rights. According to the institute, the State Board of Education is also close to adopting regulations which would apply new protections to transvestites, transsexuals, and homosexuals wishing to teach in Kindergarten through 12th grade. In addition to public schools, these same regulations would apply to many private religious and non-religious schools which receive any form of state or federal financial assistance.


FATHER ANTHONY SCHIPPER was sentenced after pleading guilty in Santa Clara County superior court in San Jose on August 23rd. Originally charged with five counts of distributing harmful matter to a minor over the internet, Schipper could have merited two years and 10 months in the slammer. Under the plea bargain, he will serve a maximum of a year in jail and probation. The former teacher at St. Patrick's seminary will be required to register as a sex offender.


EL CERRITO DIVINE MERCY CENTER & CHAPEL recently achieved its goal of perpetual exposition and adoration of the Blessed Sacrament. The 7 days/week, 24 hour-per-day devotion was the idea of Thelma Orias, the founder of the Divine Mercy Center. The Divine Mercy devotion was established by Saint Maria Faustina Kowalska. She was canonized by Pope John Paul II on this year's Divine Mercy Sunday, April 30. Orias and a number of local devotees to the Divine Mercy were present at the Vatican for the ceremonies. They were provided front-row tickets. If you would like to participate in the adoration, please see the listing in our calendar section.


KOLBE ACADEMY IN NAPA announced the retirement of fellow-founder and board member Francis Crotty from his administrative position he has held at the school since 1980. Crotty will sit on the board of trustees and will advise the school in the areas of development and financial assistance. His replacement is John Kamprath who was administrator of a small private school in West Virginia before coming to Kolbe. Kamprath, who holds masters degrees in music and theology, wants to found a youth choir at the academy. Crotty is credited with the classical character of the curriculum, which stresses Latin and Greek from the 5th grade, the Ignatian method of education adapted from the Ratio Studiorum, the School-start program, and the Kolbe Home School program. Asked whether the school reflects his founding vision, Crotty said, "No, [in the beginning] it was a school that was really following the ABC's, but we really didn't have a strong sense of curriculum." But during a visit to the library at the University of San Francisco, Crotty came upon a book of Jesuit administration for high schools, published in the late 40's. This book steered Crotty towards a more classical curriculum. When Kolbe Academy was founded in 1980, they had just 8 students. Crotty puts the current enrollment at around 45.


COLUMNIST STEPHANIE SALTER ATTACKS PRIESTS FOR LIFE ADS. Salter said in her widely syndicated San Francisco Chronicle July 20 column that the 6,000 members of Priests for Life are merely "towing the company line" in opposing abortion. "Priests for Life reflects the Catholic hierarchy's dug-in, intractable stance on abortion, which is an extension of its dug-in, intractable stance on birth control. Both have root systems that run deep into -- and feed off of -- ancient (and not so ancient) church misogyny, superstition, and contradictory reasoning." She goes on to refer to "the Vatican's unenlightened, hypocritical, and theologically unsound position on abortion." Salter cited the new book by ex-Catholic Gary Wills as her source for Church history. The column did not elicit a response from the New York based Catholic League for Civil Rights. But Wanderer columnist Frank Morriss wrote, " Salter may be in a desperate condition for a woman columnist -- that of being behind the times. There aren't likely to be too many Stephanie Salters in the generation of women coming up. Young women of today are not so ready as some of their older sisters to see abortion as simply an easy answer for the condition of pregnancy. More and more young women no longer see pregnancy as a "condition" to be solved by causing the death of the baby."


SANTA ROSA DIOCESE BISHOP DANIEL WALSH published a message in the August Redwood Crozier. The letter began, "My Dear People, it has been well over two months since my arrival here as your bishop. During this time I have tried to listen and to learn from the many people I have met and who have written to me. I sense that we as the Church of Santa Rosa are ready to move and to begin a new chapter in the life of this local Church.... In view of the sad history of clergy misconduct in this Diocese, I have appointed a permanent committee to deal with this area. The committee is composed of six persons: Monsignor John Brenkle, Monsignor James Pulskamp, Frank Heffernan, Dr. Leon Schwartzburd, Dr. Elaine Hamlin with Margaret Butler as chairperson. This group will function on the model developed in the diocese of Oakland and will investigate any incidents that are reported and make recommendations so that any victim is assisted and any perpetrator is stopped. The process and policy will be followed so that all are protected. In mentioning these past aberrations on the part of a few clergy, I wish to acknowledge that our clergy are dedicated and committed priests whom I admire for the leadership they have shown in troubled times.... As I continue to listen and to learn, I ask your prayers so that I may be a servant leader for the community of believers here. Our work as Church is to proclaim the Gospel of Jesus Christ. Everything we do as Church and as individual disciples must be measured against the gospel that Jesus preached and gave to his Church. Let us pray that we all live up to that challenging standard."


CALIFORNIA COURT OF APPEALS RULES IN FAVOR OF PLANNED PARENTHOOD. Citing that the attorneys representing pro-lifers "have also personally engaged in ... protest activities at the homes of clinic workers", the California Court of Appeals issued a ruling on August 28 that allows Planned Parenthood to withhold the names and addresses of clinic escorts and personnel. The ruling stemmed from a case filed in the San Mateo County Superior Court, Rossi Foti vs. Planned Parenthood. The plaintiff, Rossi Foti had been harassed by clinic workers while he performed sidewalk counseling while standing outside of the Planned Parenthood Clinic. On July 24, 1998, Foti filed a lawsuit against Planned Parenthood for "defamation, abuse of process, infliction of emotional distress and battery." Planned Parenthood then in turn sued Foti, and another pro-lifer Jeannette Garibaldi, who is a great grandmother, for "habitually harass[ing] and intimidat[ing] Planned Parenthood employees, volunteers, patients and their companions.

Terry Thompson who represents Mrs. Garibaldi said that his client and her husband would never hurt anyone. Thompson pointed out that Mr. Garibaldi, a retired firefighter, is so crippled by arthritis that he often times only can lean on the hood of his car. "He is only there to protect this wife, in case she needs him" he said.

During the discovery phase of the litigation, Foti requested the names and addresses of witnesses who had been present during the purported violence against the clinic escorts and workers. Planned Parenthood balked at Foti's attempt to learn who the witnesses were. After a flurry of court proceedings in mid-February, discovery referee, H. Kelly Ogles issued his decision. "[T]here is no Constitutional Right to Privacy as to Non-party Employees, Escorts, Guards and/or Staff Employees or Corporate Officers of Planned Parenthood", Ogle wrote. Planned Parenthood was ordered to 'specifically identify each and every person' with knowledge of the facts set forth in their discovery responses. But Planned Parenthood filed a petition on February 29 and prevailed in the Court of Appeals, thus establishing a precedent for special protections for the abortion clinic staffs.

Co-plaintiff Garibaldi also served similar discovery requests on Planned Parenthood. Planned Parenthood then appealed the decision on February 29 to the California Court of Appeals who reversed the lower court's ruling. The opinion said that since both the attorney for Foti and Garibaldi were involved in pro-life activities, such as protesting at the homes of abortionists. "Planned Parenthood staff and volunteers have particularly strong interests in keeping names, addresses and telephone numbers private."

In addition to casting a shadow on the plaintiffs' attorneys', the Court of Appeals cited the Nuremberg Files as an example of the hostile environment that pro-lifers have created for abortionists. The Nuremberg Files is a web site that contained the names and addresses of abortionists and their employees. Last year an Oregon court found that the web site created a hostile environment for abortionists. Because of this, Planned Parenthood introduced print outs of the Web site in an effort to show the court that abortionists are subjected to a hostile environment by pro-lifers. "The Nuremberg Files website is specific evidence that Planned Parenthood's staff and volunteers could well face unique and very real threats not just to their privacy, but to their safety and well being if personal information about them is disclosed."

Catherine Short, the attorney who represents Foti, noted the irony of the Court's decision "We attorneys are constantly being urged to provide pro bono representation, and the California bar frequently honors its 'pro bono stars'. In this case, however, the attorneys who provide representation to pro-lifers, who are genuine underdogs in the legal system, are for that reason singled out and branded as untrustworthy and dangerous."


ST. JOSEPH THE WORKER PARISH in Berkeley commemorated the Labor-day holiday at the 12:30 p.m. Mass in a unique manner. The aptness of Labor Day at a parish named after St. Joseph The Worker was not lost on whoever designed the liturgy. It was recognized in several ways. First, the prescribed readings were replaced with ones that more explicitly referred to labor and hard work. Next, instead of a typical homily by the priest, two parishioners came up on to the altar and represented two contrasting characters. On one side of the altar was a well-dressed woman representing a stereotypical rich person, and on the other side of the altar was another woman dressed to appear downtrodden. Alternating back and forth, they gave, presumably fictional, first-hand testimonials. The well-dressed woman said things indicative of a stereotypically rich, arrogant person ("I got a facial today", "If people aren't making a certain amount of money they shouldn't have children" etc.) And the dowdy woman lamented her and her "friend's" misfortune ("My friend wears a short skirt in a bar to support her kids, but she lost her job today." Etc).

While the board stipulated that the communion hymn was to be "Panis Angelicum," the cantor instead chose "Imagine" by John Lennon ("Imagine there's no heaven.... Imagine there's ... no religion) And the recessional as parishioners left the church was a rousing rendition of "Solidarity Forever" to the tune of "Glory Glory Hallelujah."


OPERATION RESCUE WEST'S TROY NEWMAN LAUNCHES TRUTH TRUCK PROJECT. Director Troy Newman has protested abortion throughout the U.S. but especially in California, his signature graphic billboards have become a staple at clinic demonstration. Newman has been raising money for what he calls "a huge billboard on wheels." The truck will facilitate a double-sided, fully-lighted 22 by 10-foot signs which graphically show aborted fetuses. Newman's group intends to drive the truck in every state in the U.S. The truck will also be equipped with a public address system for pro-life presentations before large crowds. Newman says he wants to especially concentrate at high school and college campuses. For more information about the efficacy of this type of pro-life protest see the web-site at http://www.operationrescue.org/documents/truthtruck_appeal.html or call 1-800-705-1175 or write Operation Rescue West, PO Box 11408, Las Vegas, Nevada, 89111-1408.


POPE JOHN PAUL II IS ASKING for parishes to pitch in for world consecration to the Immaculate Heart. On October 7th in Rome, Pope John Paul II will lead a candle light rosary procession with the statue of Our Lady of Fatima. He is asking all parishes to organize a procession or at least an evening rosary for the intention of consecrating the world and the new millennium to the Immaculate Heart. Parishioners are encouraged to contact your local Knights of Columbus or Marian group and suggest that they speak to your archbishop of bishop and request permission to organize a candlelight rosary procession in your cathedral on the feast of Our Lady of the Most Holy Rosary. The intention of the rosary procession is to petition the Immaculate Heart of Our Blessed Mother for the healing of our families throughout the world. On October 8th, John Paul II will reconsecrate the world and the 3rd millennium to the Immaculate Heart of Mary. For further suggestions and a sample letter to write to your archbishop, go to www.immaculateheartofmary.net.


BRITISH DOCTORS ARE SET TO DEBATE FETAL PAIN. According to the Daily Telegraph, Professor Vivette Glover of London's Queen Charlotte's and Chelsea Hopsital said that "It is incredibly unlikely that the fetus could feel anything before 13 weeks because there is no linking to the brain at all. After 26 weeks it is quite probable. She went on to say that between 17 and 26 weeks it is "increasingly possible" that the fetus feels pain. Glover recommended that abortions done during that period ought to use anesthesia on the fetus. She will chair a meeting on fetal pain at the Royal College of Obstetricians and Gynecologists in November. According to the Telegraph, Glover said, "I am pro-choice, but one should not muddle the two. One should think about how one is doing it in the most pain-free way." The article says that according to one study, aborted fetuses have been heard to cry from 21 weeks. While on the one hand in Britain, there is no law to protect fetuses, the Animal (Scientific Procedures) Act of 1986 for pre-born vertebrate animals such as rats, guineas pigs, and hedgehogs, ensures that they are not subjected to undue pain and suffering. The Royal College of Obstetricians and Gynecologists (RCOG) is denying that it has acknowledged a link between breast cancer and abortion. But Professor James Drife, vice-president of the RCOG, was quoted in the British press saying: "This study cannot be rubbished or regarded as sub-standard." The link between breast cancer and abortion was first made in 1957, though no such link has been identified between miscarriage and abortion. Many doctors agree that hormones produced during pregnancy have a protective effect, while induced abortion causes a sudden hormonal change which can affect breast cells.

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