Archbishop Levada threatens suit against gay
rights law
By SHARON ABERCROMBIE
Special to the National Catholic Reporter
Archbishop William Levada, a staunch conservative appointed to
head the San Francisco archdiocese last year, initiated his first public battle
with the city recently when he threatened to sue over the city's new domestic
partnership law, which recognizes gay and lesbian couples.
Levada arrived in the archdiocese with a reputation for being far
more conservative than his predecessor, Archbishop John Quinn. Except for a
brief earlier statement about homosexual unions being a threat to the
traditional family, Levada has, until now, avoided high-profile
controversy.
But on Dec. 20, Levada sent a letter to Mayor Willie Brown and the
San Francisco Board of Supervisors threatening to sue the city for violating
the religious freedom of Catholic Charities.
The archbishop wants the city to exempt Catholic Charities from
having to comply with the city's new domestic partnership law. The law,
scheduled to take effect June 1, requires city contractors to grant health
insurance benefits to gay and lesbian couples, as well as to married
heterosexual couples.
In a front-page San Francisco Chronicle story Jan. 28, Levada said
the ruling would violate the church's "religious and ethical tenets."
"While religiously affiliated organizations extend their services
to any and all who are in need, these organizations must also be permitted to
maintain their operations ... in a manner that is consistent with their
religious principles," Levada wrote in his letter to the mayor. "This ensures
respect for the constitutional guarantees of free speech and religious
freedom."
As it stands now under the law, Catholic charities must comply
because it contracts with the city to operate social programs, including Leland
House, a new 45-bed housing project for people with HIV. Leland House was
scheduled for a grand opening Feb. 6.
Levada has threatened to sue, but said a legal battle would divert
city and church resources. Mayor Brown told two local radio stations that he
hopes Levada will withdraw his request.
Levada wrote, "Should the regrettable situation arise where a
legal challenge to the ordinance becomes necessary to maintain our sense of
integrity, the limited resources of all concerned will unfortunately be
diverted away from those whom we all wish to serve.
"I therefore ask you to support a simple, straightforward
amendment that would provide an exemption for religiously affiliated
organizations contracting with the city."
Leslie Katz, a member of the San Francisco Board of Supervisors,
told Chronicle reporter Don Lattin that "Catholic Charities is a nonprofit
charity, not a religious entity. Then they turn around and claim to be a
religious entity" when the domestic partners issue arose. "They have to choose
one or the other. They can't have it both ways."
Katz and fellow board member Tom Ammiano drafted the legislation,
which passed with a 10-0 vote by the board. After receiving Levada's letter,
Katz resigned in protest from a committee working on the grand-opening plans
for Leland House.
Ammiano told the Chronicle that "no exceptions can be
granted."
In a letter to Levada, Ammiano, who attended parochial schools,
said: "I am well aware of the structure and philosophy of your beliefs. We
simply disagree that these private convictions can ever justify discrimination
in law or the provision of benefits authorized in law."
Derek Tynan-Connolly, a gay rights activist and former Jesuit
seminarian who helped draft the legislation, said that the church is free to do
as it wishes in "its church functions."
"But the situation changes when one of its agencies becomes a
legal, nonprofit organization that accepts city funds."
The Board of Supervisors sent Levada a letter of protest Jan. 23
saying, "we did not participate (in the opening of Leland House) to promote
discrimination. We were led to believe that the church did not impose its
religious dogma on the work of Catholic Charities."
Catholic Charities serves 70,000 people in San Francisco, San
Mateo and Marin counties. Its $13.6 million budget includes $5.6 million from
city funds.
National Catholic Reporter, February 7,
1997
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