The 23 bishops of Texas will not have to turn over emails and other communications to an abortion provider, a federal appeals court ruled on Monday.
The ruling came in response to a Texas Catholic Conference of Bishops (TCCB) appeal from an order from a trial court on Sunday requiring the bishops to hand over private documents to Whole Woman’s Health, a chain of abortion facilities in the state.
Whole Woman’s Health filed suit against the State of Texas two years ago over a law that requires aborted fetal remains to be either buried or cremated. Previously, the remains were treated as medical waste and thrown into a landfill.
Although the bishops are not party to the lawsuit, Whole Woman’s Health attempted to acquire various communications from the TCCB concerning abortion. These included private email and internal communications between bishops.
The bishops had previously offered to bury aborted fetal remains for free in Catholic cemeteries in Texas.
The bishops had requested emergency protection of their emails and other documents from the Fifth Circuit Court of Appeals, which put a halt to Sunday’s order. The court ordered additional briefs to be submitted by Monday, June 25.
The Becket Fund for Religious Liberty, which represents the TCCB, said that the bishops deserve privacy from the government in their communications.
“Government should not have unbounded power to insert itself into the private conversations of any group, much less the leadership of the Catholic Church,” said Eric Rassbach, vice president and senior counsel at Becket.
“Constant surveillance of religious groups is a hallmark of totalitarian societies, not a free people.”
Rassbach’s sentiment was echoed by Texas bishops, who reiterated the importance of being able to have private deliberations amongst themselves.
Bishop Joe S. Vasquez, from the Diocese of Austin, said that he and his brother bishops have “not just a right, but a duty to speak out on issues that concern justice, mercy, and a consistent ethic on life.”
To do this, Vasquez said, it is critical that they be able to deliberate with each other privately prior to issuing a statement on a topic. He said the court’s ruling was “vital” for the Church.
“Children are not disposable,” said Bishop Edward J. Burns from the Diocese of Dallas, comparing the lawsuit to the policy of separating undocumented children from their parents at the U.S. border.
“We believe that life is sacred from the moment of conception. We also believe that we have a right to discuss in private how to address this issue and uphold the dignity of every human life, and that while upholding the sacredness of life may seem at odds with some people, our religious liberties and religious rights should not be eroded.”
