MILWAUKEE (WI)
The New York Times
By THE ASSOCIATED PRESS
JULY 7, 2015
MILWAUKEE — The Archdiocese of Milwaukee asked the U.S. Supreme Court on Tuesday to weigh in on whether an estimated $70 million held in trust for the care of its cemeteries is off-limits in the archdiocese’s bankruptcy case.
Archbishop Jerome Listecki, who serves as sole trustee of the fund, asked the court to review a March ruling by the 7th U.S. Circuit Court of Appeals in Chicago. The appeals court said the federal Religious Freedom Restoration Act, which protects religious organizations from government interference, doesn’t protect the money because creditors seeking a share of the fund aren’t the government.
But the archdiocese, which filed for Chapter 11 bankruptcy protection in 2011 to address its sex abuse lawsuit liabilities, argues the ruling is at odds with decisions in at least three other federal courts, the Milwaukee Journal Sentinel (http://bit.ly/1KLZj6H ) reported.
Attorney Timothy Nixon, who represents the trust, said a Supreme Court review is needed to resolve those so-called circuit splits, and to restore religious protections.
“The Supreme Court’s intervention is urgently needed to protect the religious freedoms the Seventh Circuit decision threatens and to restore the free exercise of religion protections the decision rolls back,” Nixon said in a statement.
Marci Hamilton, a First Amendment scholar representing the creditors committee, called the archdiocese’s arguments “slim pickings” and said it was unlikely the Supreme Court would take the case so soon after last year’s Hobby Lobby decision, which also turned on the Religious Freedom Restoration Act.
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