S. B. 1098, An Act Modifying Corporate Laws Relating To Certain Religious Corporations VIDEO

On SB-1098, AN ACT MODIFYING CORPORATE LAWS RELATING TO CERTAIN RELIGIOUS CORPORATIONS

March 10, 2009 - Joined by House and Seante Republican caucses, State Senator John McKinney speaks out against Senate Bill 1098, An Act Modifying Corporate Laws Relating To Certain Religious Corporations.

SB 1098 proposes to dictate the way the Catholic Church organizes and operates, replacing the control of the Bishops and pastors with that of a board of directors consisting of lay people elected from the parish. Once in place, this board would have administrative and financial powers, strategic planning authority, and control of the outreach and community services provided by the church.

In 1866, Connecticut enacted legislation to distinguish between the Protestant and Roman Catholic structures of churches. An 1897 Connecticut Supreme Court case, State ex rel. George Barry v. Getty et al, further supported the intent of the initial law and an excerpt of the decision reads as follows:

“It is the settled policy of this State to so frame its legislation that each denomination of Christians may have an equal right to exercise ‘religious profession and worship,’ and to support and maintain its ministers, teachers and institutions, in accordance with its own practice, rules and disciplines; and this policy is conformable to the provisions of our Constitution. Christ Church v. Trustees, etc., 67 Conn. 554, 565. In pursuance of this policy our statutes provide a scheme for the formation and conduct of corporations known as “ecclesiastical societies,” which may “hold and manage all property belonging to them, appropriated to the use and support of public worship, and may receive any grants or donations, and by voluntary agreement establish funds for the same object.”

General Statutes Sec. 2051, et seq. This scheme is arranged with special reference to the customs of the denomination of Congregationalists, which prior to the adoption of a constitution formed a sort of established church; and while furnishing ample provision for the needs of many denominations, is not consistent with the customs of some. And so we have special legislation for “societies of particular denominations,” and among these are the Roman Catholic. This legislation is contained in Secs. 2092, 2093 and 2094 [now 33-279, 280, 281].” (emphasis added)

The Court further stated: “Such special legislation is not passed unless upon application of some religious body, and is intended to be framed in accord with what the legislature understands to be the peculiar customs and wishes of the applying denomination.” (Id., at 289)