The Georgia bulletin (Atlanta) 1963-current, December 17, 1964, Image 3

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THREE CASES Supreme Court To Rule On Obscenity, Birth Control WASHINGTON NC—The U.S. Supreme Court has taken three new actions in the area of sex ual morality and the law. Acting in rapid order on the same day Pec. 7) the high court: —Agreed to rule on a chal lenge to the constitutionality of Connecticut's 85-year-old law. against birth control. —Struck down a Florida law barring interracial cohabitation but refused at the same time to rule on that state's law against interracial marriage. —Rejected an appeal by three California men seeking dis missal of an obscenity indict ment against them. THIS IS the second time that the Supreme Court has accepted a case involving the Connecti cut law that bars the use of contraceptives and bans disse mination of birth control in formation. The earlier case reached the high court in 1961. But the court refused at that time to strike down the law, holding it to be “dead words*’ because there was no evidence of any effort to enforce it. The latest test case was laun ched in November, 1961, when the Connecticut Planned Parent hood League opened a birth control clinic in New Haven. Authorities closed down the clinic. Dr. C. Lee Buxton and Mrs. Richard W. Griswold, me dical director and executive di rector respectively of the lea gue, were arrested and fined $100 each.' IN APPEALING to the Sup reme Court, Dr. Buxton and Mrs. Griswold contended that the anti-birth control law "ser iously restricts physicians in the practice of their profession and jeopardizes the life and health of their patients,*’ Last May the Connecticut Sup reme Court of Errors upheld the law for the fifth time in the past 25 years. It called the law a legitimate use of state police power to protect public health and morals. The Connecticut law was en Lucy’s Family Shoe Store Inc. Mrs. Lucy Nicholls (Brookhaven Area) COW BOY BOOTS WELLINGTON RIDING BOOTS HOUSE SHOES BAGS, HOSE & SOCKS SNOW BOOTS FOR LADIES & CHILDREN MEN & BOYS 4067 PEACHTREE ROAD N. E. ATLANTA, GEORGIA CE 7-7820 i CHRISTMAS GREETINGS COBB EXCHANGE BANK Member Of F.D.I.C. 1311 ROSWELL ST. 428-3351 MARIETTA, GA. acted by a predominantly Pro testant 19th-century state le gislature at a time when Pro testant denominations generally regarded artificial birth control as immoral. In the Flordia interracial co habitation case, the Supreme Court voided the conviction of a Negro-white couple under a state law which makes it a crime for an unmirried Negro-white couple habituallv to occupy the same room at night. SPEAKING for a unanimous court, Justice Byron White said the statute violated the 14th Amendment's guarantee of equal protection of the laws be cause it "treats the interracial couple made up of a white person and a Negro differently than it does any other couple.*’ Other Florida laws on sex ual immorality require proof that intercourse has taken place. But this law does not require such proof. Furthermore, it ap plies exclusively to Negro- white couples, not to couples of the same race nor to ra cially mixed couples of different composition. In overturning the law on equal protection grounds, Jus tice White said it was “un necessary for us to consider*' a challenge which had been raised by the couple to Florida's companion law against Negro- white marriages. Eighteen states besides Florida have such laws. THE OTHER members of the court agreed. But Justice Pot ter Stewart, joined by Justice Willian O. Douglas, raised a significant further point. Stating that the court’s rul ing implied "that a criminal law of the kind here involved might be constitutionally valid if a state could show :some overriding statutory purpose,* he declared: ‘This is an implication in which I cannot join, because I cannot conceive of a valid le gislative purpose under our Constitution for a state law which makes the color of a person's skin the test ofwhe- A le‘** 0‘ * e X 4 a^ ALL MERCHANDISE REDUCED 10% to 50% UNTIL CHRISTMAS ^<utcUA<ut ?4*tct encuty ot/ienA the lH>aefu*om her 2136 CANDLER PLAZA SHOPPING CENTER DECATUR 284-3983 VISIT OUR OTHER LOCATION STEWART LAKEWOOD CENTER 2803 Lakewood Avenue PHONE: 766-5565 GROUND-BREAKING ceremonies for the John F. Kennedy Center of the Performing Arts (Dec. 2) were attended by President Lyndon B. Johnson, Attorney General Robert F. Kennedy and Auxiliary Bishop Philip M. Hannan of Washington, who gave the invo cation. ther his conduct is a criminal offense." The obscenity case rejected by the Supreme Court involved Sanford E. Aday, Wallace De- Ortega Maxey, and Jack A. Lindsay, operators of a pub lishing and distributing firm in Fresno, Calif. POLICE entered their estab lishment on Sept. 16, 1960, and seized a large quantity of ma terial, although their search warrant named only two speci fic books. A grand jury indicted the three men on charges of pub lishing and selling obscene ma terial. Subsquently, in a sepa rate action, the California Sup reme Court held that most of the material confiscated by the police had been seized illegally but not the two books named in the search warrant. In light of this ruling, a district court of appeal upheld that part of the grand jury indictment relating to the two books. Aday, Maxey and Lind say in their appeal to the high court asked it to dismiss the total indictment which is still pending against them. CONFERENCE SPEAKERS Praise American Prelates’ Role In Jewish Statement BUFFALO, N.YL (RNS)— A Jewish leader lauded Augustin Cardinal Bea and the American Hierarchy for their part in the vote on declaration on the Jews at the third session of Vatican II. Council Fathers, in a pre liminary vote, endorsed a state ment absolving the Jewish peo ple of the charge of deicide. Dr. Joseph L. Lichten, di rector of the department of in ter-cultural affairs of the Anti- Defamation League of B'nai B* rith, said at the Second Western New York Conference on Cath- olic-Jewish Understanding: “CARDINAL Bea, in the face of unceasing difficulties, in cluding vituperative attacks on himself, never wavered in hij£ determination to see an explicit and complete declaration voted by the Council. The American hierarchy in a body supported the statement so powerfully that indeed they have led the Council Fathers and their flocks, as well as the Jewish people in all na tions, to the threshold of that unlocked door through which we can see a new promised land.*’ He cautioned, however, that forces opposing the declaration still have time to marshal their forces “to derail the state ment," but added that “the will of the Council was made abso lutely plain** in the voting on Nov, 20. The Jewish scholar said two forces sought to modify the statement. They were “con servative" leaders of the Church and the hierarchy of the Near East countries. Explaining the latter's opposition, Dr. Lichten said: “T IS tragic but true that the political hostilities of the Arab nations toward Israel have led them to the preposterous con clusion that a statement exone rating ^hose of the Jewish faith from guilt for Christ's death is tantamount to political recog nition of the state of Israel by trfe Vatican state. “I say "preposterous" not only because such a construc tion of the Council’s intention is lunacy, but also because it seems incredible that Arab statesmen should deliberately refuse to accept the Council’s declaration in the spirit which so obviously motivates it. tive" wing of the Church hier archy, Dr. Lichten said it is made up of “a majority of the Curia, the Near Eastern patri archs and bishops, and some — but surprisingly few — bishops from the rest of Italy, the Eu ropean continent, and other parts of the world." He added that the "conser vative may ultimately welcome a given change; however, his habitual attitude is one of con servation, of preference for the status quo." OTHER speakers during the day-long proceedings included Auxiliary Bishops Pius A, Ben- incasa of i Buffalo; i Gerard Sherry, managing editor of The Georgia Bulletin, the Atlanta archdiocesan newsweekly; Os car Cohen, national program director of the Anti-Defama tion League; and Dr. Martin A, Cohen, professor of Jewish history at the Hebrew Union College, New York City. Mr. Sherry emphasized the need for personal conviction and practice by individual Jews and Catholics if the result of BOSTON (RNS)—The general breakdown in public morality is the reason for the majority of the 2,500,000 crimes com mitted in the United States last year, in the opinion of Richard Cardinal Cushing, Archbishop of Boston. The Cardinal, addressing 3,500 members of the Boston police department at their an nual ball here, said, "In this era of luxry for some and pov erty for others, the laws ofGod and the country are being ignor ed and the liberty of which we boast is being interpreted as a license to do what you want. * *UNT IL we come back to God, in whom our nation, from the the conference is to be term ed successful. "Unless you practice your in dividual faith, unless you free your home of prejudice, it will be useless for you to talk about understanding your neighbor’s problems," he declared. "If each Jew here and each Catho lic here practices his individual faith to the best of his ability, then and only then will there come an understanding and ap preciation for each other's problems. “WE MUST not mistake each other's intentions, either," Mr. Sherry said. ’ It should not be our practice to try to convert each other. Rather, we should be aware of each other 's convic tion that we have a deep belief in our own faith and this belief is borne out by adhering to its precepts." The Conference was sponsor ed by the Anti-Defamation Lea gue of B'nai B'rith, Canisius College and the United Jewish Federation of Buffalo. Co—hosts were the Very Rev. James J. McGinley, S.J., president of Canisius, and Joseph N. Des- mon, chairman of the board of the ADL. time of its birth, has placed its trust, crime will increase and multiply. We must try to lead the youth and others to ward the right road." * As for local police depart ments, the cardinal said, “We can’t expect the officers and men of this police department to keep the city clean and free of crime unless we, the public, stand behind them." Cardinal Cushing declared that the Ten Commandments ofGod are considered antiquated and no longer binding," adding that “if the youths and adults ignore these God—made laws, how can we expect them to respect man made laws?" CARDINAL CUSHING Blames Morality Drop For Crime The facts are otherwise. The governments of Syria and E gypt» Iraq, Lebanon, and Jor dan indeed, the entire Arab league — have spoken out against the statement and have issued threats, some veiled and some quite open, against Catho lics within their borders. “NO ONE could help feeling sympathetic toward the Council Fathers from these lands, who are being subjected to unvarn ished blackmail." Dr. Lichten held that it was because of these blackmail threats that the Near East hierarchy stood against the declaration. Concerning the "conserve- Czechs Get Long Holiday Period BONN (NC) — The goverq^- ment of communist Czechos lovakia is granting a long Christmas holiday to workers and school children, the German Catholic news agency has re ported here. Workers will be given free days from Dec. 24 to 27, and schools will be closed from Dec. 23 until Jan, 4, The go vernment has said it will pro vide Christmas trees for all families who want them. HE described * the secular- istic and materialistic society in which we live" and said that today it calls for "extraordi nary personal heroism for po lice to do their job." Episcopal Bishop Anson Phelps Stokes, Jr„ of Massa chusetts told the police gather ing that we sometimes forget to say thank you to the people who ^risk their lives in our be half," saying he agreed with Cardinal Cushing's sentiments. Rabbi Joseph S, Shubow of Boston spoke words of praise for eight policemen who were given medals of honor for hero ism. THURSDAY, DECEMBER 17, 1964 GEORGIA BULLETIN PAGE 3 Archbishop’s Notebook • WHAT ABOUT CHILDREN IN NEED? THE ELDERLY? Besides the sacramental role of the Church (the essence of her being) there are great functions that she has always per formed education and welfare, and of course the day to day services of laity, religious and clergy, building and maintenance of churches, and so on. The most pressing duty of an archbishop and his priest-, and lay-advisors, is to determine the priority of these tasks. The Sunday Journal and Constitution this month gave a fine account of the forward steps being taken by local Protestant churches in building residential hotels for senior citizens. Be tween state conferences and local congregations, about 1,000 can now be accommodated in modern apartments ranging in cost from $160 to $150; one has rooms for $75. This movement is progressive and timely, and surely in keeping with the counsels of Christ. Since the article appeared, I have had several marked copies, “Every denomination but the Catholic. Can’t you do something?" Frankly, we will. But here the old question of priority arises again. Here are some of the facts; 1. Elderly people who are in need are cared for through Catholic Social Services. Some of these men and women from our Archdiocese are living in the Home of the Little Sisters of the Poor in Savannah. 2. When the census of the Archdiocese was taken last year, a surprisingly low number of our 43,000 Catholics were listed over 65. The majority of these were self-providing or living with their own families. 3. The most urgent need facing us in welfare is the care and future of more than 60 dependent children, boys and girls (6-14) who were the victims of desertion, divorce or death. Their futures lie ahead of them. To them our most immediate attention is due and closely allied is the next age-bracket, the youths 14-18, who are our next largest concern. It is for these boys and girls that the Archdiocese must firstplan, because outside of the church and community agencies, they have no one. 4. The Catholic Church in Georgia is grow-ing in numbers, but it is still less than 2% of the whole population. Its spirit ual, educational and lay development must be planned and carr ied out now by a small number, but we must build for greater numbers. Conclusion: In welfare, the most urgent priority is our de pendent children. But working with governmental and private agencies, as well as families that understand and love their own, we must do all we can for the others — the aged, the men tally retarded, the unwed mother, the distraught husband and wife, the disturbed, the alcoholic the hundreds who need help for their spirit as well as their mind and body. We will do all we can — as needs, numbers and resources increase. • HARD-WORKING VICARS GENERAL The most tireless vicars-general in the country are ours, Monsignors Joseph Moylan and Joseph Cassidy. Besides their heavy parish schedules, and frequent calls from the Arch bishop for counsel, the year 1962 opened up a new area of work for them. Delegation to administer confirmation may be granted to priests during the Vatican Council because of the long absences of the bishops in Rome. Accordingly, the two monsignors have admi nistered this sacrament in my absence many times. All over the Archdiocese they have travelled untiringly, to large city par ishes and small rural missions. Hundreds of children and adults have been "sealed” by the special indwelling of the Holy Spirit as a complement and completion of their Christian initiation which began with baptism. We are all grateful to these two priests who have administered all the sacraments except two: Holy Orders and Matrimony. P. S. If you think that priests administer Matrimony, take another look at your old catechism,— or in the Epistles of St. Paul. • EVEN BETTER REASONS FOR A RETREAT Recently, Father Hein, S. J. at Ignatius Retreat House sent out an exceptionally fine letter on the connection between Re treats and the new Liturgical Renewal. We are sure that this ap proach will help our people to use God’s instruments to do God’s work. As in the new Constitution, the Church’s universal law on worship, Father Hein emphasizes that "union with Christ in His Worship of the Father" must be carefully wrought. “Prayer, study and other spiritual exercises" are recommended*. x icuci au lull; mat i iciR.tr _ uic iiocriy or repeating in full his last paragraph on the “Summit of the spiritual life": The Exercises of St. Ignatius are eminently suited to bring ing about this understanding and this response, thereby giving a man the possibility of participating more fully in the Sacred Liturgy. In the Exercises the man is first confronted with the reality of all creation — with his own creature - hood; he secs God’s loving kindness in the Divine Adoption. The reality of Adam’s fall and his own rejection of God’s grac, helps him to see his own weakness, need of God’s mercy and forgiveness. Meditations on- the whole Life of our Lord confront him with the reality of God so loving the world as to send His only begot ten Son. Further they challenge his integrity to respond tcGod’s love by cooperating with Christ Our Lord in intensifying His King dom. This union with Christ in mind, in will, in desire in His worship of the Father is the Summit of the spiritual lif.," It is the hope of the Church that everything in our religious life will lead to that summit. Certainly, the Retreats and St. Ignatius’ Exercises are among the most direct and effec tive ways of reaching it. May Catholics, — and those of all faiths, as their workshop of the spiritual life. use Ignatius House (/Lul? 9- v ARCHBISHOP OF ATLANTA