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Bar News - September 6, 2002 Morning Mail
Family Refers to Relationship Not Gender A short letter by James M. Winston in the Aug. 16, 2002 New Hampshire Bar News caught my eye. As I read Mr. Winston's comments, I wondered how the dictionary would define "family." Interestingly, Merriam-Webster's Dictionary doesn't demonstrate a preference for tradition in its definition of "family" (please see below), and it doesn't address the notion of the "traditional family" until definition 5a (after defining "family" as the staff of a high official, such as the president). According to the dictionary, family has more to do with relationship and common cause than with gender. In Loving v. Virginia (87 S.Ct. 1817), the US Supreme Court determined that restricting the right to marry because of race violates the Equal Protection Clause. The court hasn't afforded gender or sexual orientation the same strict scrutiny it does racial discrimination, but I think it's fair to wonder how it can be wrong to restrict marriage based on race but okay to restrict it based on gender (which is what sexual orientation boils down to). Why can my wife marry a man when I cannot? It doesn't seem logical that the Equal Protection Clause would allow a man to be treated differently from a woman in that regard. As far as "using our publication as a vehicle for advocating" a position goes, I think lawyers are permitted to advocate minority views in their published material. Some traditions may need changing, and we lawyers sometimes can see that and maybe even do something about it. I thank Mr. Winston for advocating his position in NH Bar News (though the real debt goes to Ms. Hassan for getting the ball rolling). I hope other lawyers will discuss this topic with members of their immediate families, and with members of our shared professional family - which thankfully includes Ms. Hassan and Mr. Winston, even if they should choose opposite ends of the table come the holidays. FAMILY - 1: a group of individuals living under one roof and usually under one head: HOUSEHOLD; 2a: a group of persons of common ancestry: CLAN; b: a people or group of peoples regarded as deriving from a common stock: RACE; 3a: a group of people united by certain convictions or a common affiliation: FELLOWSHIP; b: the staff of a high official (as the president); 4: a group of things related by common characteristics: as a : a closely related series of elements or chemical compounds; b : a group of soils that have similar profiles and include one or more series; c: a group of related languages descended from a single ancestral language; 5a: the basic unit in society traditionally consisting of two parents rearing their own or adopted children; also: any of various social units differing from but regarded as equivalent to the traditional family (i.e., a single-parent family); b: spouse and children (i.e., want to spend more time with my family). Merriam-Webster's Dictionary. Timothy C. Scannell
Re: Admissions by Motion A warning - Your court [NH Supreme Court] is making a huge mistake! George T. O'Brine
Morning Mail Response to Criticism of Pastoral Interview Process This letter is in response to the letter regarding the pastoral interview process written by attorney Mark Rufo and published in the July 26 edition of Bar News. There seems to have been some misunderstanding about the pastoral interview process developed for the Diocese of Manchester by Orr & Reno, P.A., as part of a voluntary resolution procedure for allegations of sexual abuse by clergy. Although the Diocese of Manchester is a defendant in a number of lawsuits, it is first and always the Catholic Church. The Catholic Church has for many centuries reached out to provide care and assistance to those who are in need, regardless of their faith and regardless of whether or not they have suffered as a result of the destructive behavior of a priest. The pastoral interview process developed by Orr & Reno merely formalizes and communicates this practice and provides the Diocese with the opportunity to be present to those who allege sexual abuse by priests. The goal of the process is to help to heal the individuals' relationships with the church and to offer counseling that the individuals may need. The process involves a discussion of the allegations of abuse. Such sharing of experience is necessary not only to provide appropriate assistance to the individual who allegedly was abused, but also to ensure that appropriate steps are taken to prevent abuse from occurring in the future. Individuals who take advantage of the pastoral interview process can do so with or without the presence of an attorney. They may take advantage of the process, even if they have also filed lawsuits and even if those lawsuits have been unsuccessful. If, as part of the healing process, the individuals request monetary settlements, they are encouraged to seek the advice of legal counsel. In June, the United States Conference of Catholic Bishops issued a "Charter for the Protection of Children and Young People" in which the bishops pledged to "work toward healing and reconciliation for those sexually abused by clerics." The Diocese does not believe that healing and reconciliation can be achieved simply by offering a financial settlement. The Diocese hopes that the pastoral interview process can provide one way for the church to reach out to those who have suffered and continue to suffer the devastating effects of sexual abuse. Diane Murphy Quinlan
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