41st Annual Red Mass and Law Day celebrated

Saint Francis University welcomed area judges, lawyers, law enforcement officials, friends, and area residents of all faiths to campus on Friday, April 28, to participate in the 41st annual Red Mass / Law Day.  

Red Mass is a mass celebrated annually in the Roman Catholic Church for all members of the legal profession, regardless of religious affiliation marking the opening of the judicial year. Bishop Mark Bartchak, J.C.D., served as celebrant for the Red Mass held on campus in the Immaculate Conception Chapel with Fr. Jonathan St. Andre, T.O.R., delivering the homily. 

A lunch celebrating the national 2023 Law Day theme of “Cornerstones of Democracy: Civics, Civility, and Collaboration” followed the mass with a keynote given by Noel J. Francisco, J.D., 47th Solicitor General of the United States.

In his keynote, Attorney Francisco focused on the importance of religion to a free society, what lawyers can do to protect and nurture religious freedom, and why it is essential that Catholic lawyers do this important work in a principled way but with the utmost civility and compassion towards their fellow citizens. He outlined notable cases where the religious freedom of both organizations and individuals had been challenged in the courts. These cases asked fundamental questions, such as whether religious organizations can opt out of offering birth control for employees under the federal Affordable Care Act or if an individual baker can refuse to create wedding cakes for same-sex couples.  

“We live in very controversial times, the country is divided, and I don’t think too many people would disagree that religious viewpoints are less common, less understood, and sometimes less welcome than they once were. Religious institutions like Saint Francis have long played a valuable role in informing and shaping religious perspectives, and, in particular, Catholic perspectives, in public debate. “ 

He continued, “I hope each of you here will continue to make your voice heard, for in doing so, you are testifying not only to your beliefs but you are defending them, which in my view, is one of the most important types of diversity in our society, particularly in the legal system -- the diversity of viewpoints.  

Diversity of thought is the foundation of our adversarial justice system. Our legal system is built on the premise that competing viewpoints will sharpen the issue and produce better, fairer decisions. Of course, any legal system that encourages adversaries to zealously argue against one another creates serious risk. That is where the importance of civility comes in. For members of the bar, first among our obligations to the courts, society, and each other is that we express our disagreements respectfully and with candor.  
 He also cited the importance of dissenting opinions in our judicial system. To illustrate the point, he read a dissenting opinion drafted by Chief Justice Antony Scalia. Francisco related how Chief Justice Ruth Bader Ginsburg credited Scalia’s words with refining and strengthing the final version of her majority opinion rather than taking the pointed words personally.
 “Despite that disagreement and many others,” Francisco shared, “Justices Scalia and Ginsburg were close personal friends with mutual respect for one another. When asked how that was possible, they both gave the same answer: ‘Attack ideas, don’t attack people.’ That is sage advice for us all and a fitting description of how institutions such as Saint Francis serve in the public discourse as they train students to think critically.”

“As JusticeScalia once put it,” Francisco continued, “one of the strengths of this great country, one of the reasons we are a symbol of light and hope to the world, is the way in which people of different faiths, different races different national origins have come together and learn not to merely tolerate one another, because I think that is too stingy a word for what we have achieved but to respect and love one another.”

 As Catholic lawyers, we have a special obligation to engage in this debate with civility and compassion, for as Catholics, we are on both sides of many of these difficult issues. To take one example, the Catholic church was at the forefront of ministering to victims of the aids epidemic, notwithstanding deeply held views of sexual morality. The same is true for its ministry of young unwed mothers, prisoners, and to many other people who live at the margins of our society. This reflects of the viewpoint of the human condition flawed yer redeemable. And all standing with equal dignity before the eyes of God, but we can not be good Catholics, good lawyers, and good people unless we speak and minister with those we disagree, and we can not do that effectively unless we speak to each other with the utmost civility compassion and love.”