USF honors anti-Prop 8 attorney

David Boies says HHS mandate “a normal law”

David Boies

by Gibbons J. Cooney

On November 9, 2012, the Public Interest Law Foundation of the (Jesuit) University of San Francisco will host their ninth annual gala. Each year the foundation honors, in their words “… community members who have made a commitment to supporting the public interest – like the 2012 foundation grantees and this year’s Public Interest Excellence Award recipient, David Boies, chairman of Boies, Schiller & Flexner LLP.”

The primary qualification for being honored by the foundation is that one be an active supporter of same-sex “marriage.” It is the rule, not the exception. The first honoree in 2004, was then-San Francisco mayor Gavin Newsom, who had illegally directed the county clerk of the city and county of San Francisco to issue marriage licenses to same-sex couples.

Newsom was followed in 2006 by Ms. Kate Kendall, executive director of the National Center for Lesbian Rights. From the center’s website: “NCLR was lead counsel on behalf of same-sex couples, Equality California, and Our Family Coalition in the California marriage case, which sought to end the exclusion of same-sex couples from marriage in California.”

Kendall was followed in 2007 by Ms. Elizabeth Cabraser, of Lieff, Cabraser, Heimann, & Bernstein. Ms. Cabraser was the lead attorney for an amici curiae brief filed on behalf of 40 legal institutions with the California supreme court. The brief recommended the supreme court overturn Proposition 8. Ms. Cabraser donated $30,000 to the “No on Proposition 8” campaign.

Cabraser was followed in 2008 by Shannon Price Minter, legal director of the National Center for Lesbian Rights, and San Francisco chief deputy city attorney Therese Stewart.  The USF website said they were honoring the two because “…Minter and Stewart successfully argued before the California Supreme Court this year that same-sex couples have the right to marry.”

Cabraser was followed in 2009 by retired California supreme court justice Carlos  Moreno–the sole California justice who voted to invalidate the votes of a majority of  Californians by overturning Proposition 8.

In 2011, USF honored San Francisco assistant district attorney Victor Hwang. The school justified the honor: “His work includes authoring and coordinating the filing of an amicus brief on behalf of the Asian American community in support of marriage equality…”

USF’s honoring of same-sex “marriage” advocates is thus the rule, not the exception. David Boies is a predictable choice to be the 2012 honoree. Boies is being honored because he is the co-lead counsel for the plaintiffs in the case of Perry v. Brown, (now known as Perry v. Schwarzenneger). Perry v. Schwarzenneger is the attempt by homosexual activists to overturn the will of California’s voters, as expressed by their support of natural marriage through the passage of Proposition 8. Boies has so far been successful, winning decisions in Federal Court under Judge Vaughn Walker and in the Ninth Circuit under Judge Stephen Reinhardt. The defenders of marriage are currently waiting to learn whether the Supreme Court will hear their appeal.

Support for same-sex “marriage” is not Boies’ only anti-Catholic activity. Boies is on record as denying there is any constitutional issue involved when the government forces Catholic institutions to fund abortion or contraception.  Earlier this year, Boies discussed the HHS contraception mandate with Chris Matthews on MSNBC’s Hardball. He told Matthews:   ”You don’t exempt religious employers just because of their religion. You are not asking anybody in the Catholic Church or any other church to do anything other than simply comply with a normal law that every employer has to comply with.”

Boies’ argument is a categorical rejection of religious freedom, and it is illuminating to examine what the concrete results for specific Catholic institutions will be, should the HHS mandate stand.  Here’s what the mandate would means for three Catholic elementary schools in San Francisco—schools that teach children from pre-kindergarten age through grade 8. The schools are chosen at random, and the number of employees is taken from publicly available information on their websites.

The three schools are St. Gabriel’s, St. Peter’s, and St. Vincent de Paul. If any of those schools choose to remain Catholic and not abide by the HHS mandate they will be fined. If they completely drop their health plan they will be fined $2,000 per employee per year. That would be a fine of at least $36,000 a year for St. Gabriel’s, $40,000 a year for St. Peter’s, and $60,000 a year for St. Vincent de Paul.  Every year.  Of course, those schools would prefer to offer health plans to their employees, but without the objectionable services. In that case they will face fines of $100 per day per employee: approximately $657,000 per year for St. Gabriel’s, $730,000 per year for St. Peter’s, and $1,095,000 per year for St. Vincent de Paul.

In USF’s own archdiocese of San Francisco the mandate, which their honoree David Boies considers “a normal law” would spell the end of Catholic education.


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  1. ” The primary qualification for being honored by the foundation is that one be an active supporter of same-sex “marriage.”

    1) Contact Bishop Cordileone and request that USF lose its right to falsely advertise itself as “Catholic”.
    2) Ask the Bishop if all theology professors at USF have a Mandatum as required by Canon Law.
    3) Ask the Bishop if USF uses the “CATECHISM of the CATHOLIC CHURCH, Second Edition” as a required student text for all freshman and/or sophomores.

    Remember that the Board of Trustees at any Catholic College or University ultimately makes the decisions.
    Their names can be found on the internet.

    When you search the University’s “Jesuit Mission” statement you will find that USF is also tied in with the USCCB’s – Catholic Relief Services (CRS),

    Rather than teach the Faith in entirety – they ” work to advance the scholarship and application of the Catholic intellectual tradition in the Church and society with an emphasis on social concerns “.

    Its all in various sections of their web site.;

  2. John Feeney says:

    It looks like some “Catholic” universities in California have found the mother lode of anti-Catholic wackos to invite as speakers at their university.

  3. Father Karl says:

    A Catholic uiiversity, which fires one of its own Jesuits, Father Joseph Fessio, is not worth anything! This, one of many so-called Catholic institutions MUST IMMEDIATELY be stripped of its ‘catholic’ title. The lives of the faithful that have been scandalized by these centers of learning are legion! Look at all the souls that have been lost; just see how by teaching error, so many have lost the faith. Can we number the people who have gone to hell because of the apostacy which is being spread by lies and deceit? The Jesuits , the Holy Cross Fathers, and so many other congregations of priests and nuns WILL be found guilty by Our Lord for destroying the precious Catholic faith of countless members of the Mystical Body of Christ. Our Savior commanded that the truth be taught, not lies and falsehoods. It is time for the Vatican to take action before more people are lost to perdition because of the evilness of the so called Catholic educational centers.

    • Kenneth M. Fisher says:


      “The Jesuits , the Holy Cross Fathers, and so many other congregations of priests and nuns WILL be found guilty by Our Lord for destroying the precious Catholic faith of countless members of the Mystical Body of Christ”. You left out the “Shepherds”!

      God bless, yours in Their Hearts,
      Kenneth M. Fisher

  4. Larry from RI says:

    In USF’s own archdiocese of San Francisco the mandate, which their honoree David Boies considers “a normal law” would spell the end of Catholic education.

    Who is supporting the archdiocese of San Francisco??????
    Isn’t that the purpose of the “mandate” to do away with non-government organizations and centralize all public activities in the central government!!!!!

  5. Ok so did you VOTE today yet? Go now and VOTE. And do not believe it when they say, “My vote doesn’t matter, Romney can’t win California.” He won Massacheusetts as a Republican…he can win California…there are enough fed up people here.

    • Bravo…wish more people felt as you! Never give up…don’t let them take your rights and liberty away! California used to lead the country with civil rights and good government. What happened? You elected Ronald Reagan as your governor, for pete’s sake. Don’t let the current crop of hollywood bimbos speak for the thinking people of your once great state.

      • PS I recommended this film in another post but I am going to mention it again. Please watch this short film. Agenda:the grinding down of America. It will open your eyes and it’s something that we all have to begin to act against now. Pray. Pray.Pray.
        And I highly recommend sending this film to everyone on your email list! Spread the word.

        • Oops. Sorry, It’s Agenda: Grinding America Down It’s been up for a couple of weeks. Better watch it before they take it down

  6. When and where did this once outstanding university turn into a
    anti Catholic school? Those of us who graduated from USF hang our heads in shame at their actions and decisions. God help those at USF who make the decisions to choose such anti Catholic people to honor. They needs our prayers desparetly.

  7. InformedAndFree says:

    USF hasn’t lived up to its Catholic heritage for some time so the fact a university group honors a man like this does not surprise me. But wouldn’t it be nice to surprise them!?

    Wouldn’t it be wonderful to see the entire student body and faculty of these three Catholic schools holding a candlelight vigil for religious freedom at this event? Hopefully students and faculty would number about a thousand people. That is news worthy. AND a wonderful show of solidarity for the Year of Faith.

    Perhaps the diocese could enlist the help of Catholics for the Common Good based there in the Bay area. Its worth a try. Cal Catholic Daily does a great job keeping us aware of these atrocities against the faith. Now its up to us to do something about it.

    • Kenneth M. Fisher says:

      Aint gonna happen, too many years of anti-Catholic indoctrination!

      Viva Cristo Rey!

      God bless, yours in Their Hearts,
      Kenneth M. Fisher

    • Catholicism is the only Christian Faith . They are lead in worship By the Pope who was given the Keys to Heaven From Jesus . Through Apostolic suiosesccn From Peter the First Pope they worship Jesus, And thru The Holy Tradition Of the Saints formed the Biblical doctrines, Such as the Trinity, Sunday service, Easter, And Christmas teach Grace alone for salvation, Did not remove books From the Bible but preserved the writings of the Jewish Old testament which the protestants threw out , Catholics want to worship Jesus with all 5 of their senses .Music for the ears,Incense for the nose,Statues and art for the eyes,Please pray a sincere prayer with all of your heart admitting to Jesus you are a sinner. Have full faith that His blood pays off all of your sins and accept His gift of everlasting life. And give your confession to a Priest Jesus never said to confess your sins to either him Or to the Father pray that God blesses you with peace. AmenThe truth is that Jesus is God, and Jesus loves you so very much! Say this PrayerLord, make me an instrument of Thy peace;where there is hatred, let me sow love;where there is injury, pardon;where there is doubt, faith;where there is despair, hope;where there is darkness, light;and where there is sadness, joy.O Divine Master,grant that I may not so much seek to be consoledas to console;to be understood, as to understand;to be loved, as to love;for it is in giving that we receive,it is in pardoning that we are pardoned,and it is in dying that we are born to Eternal Life.

  8. good grief.

    why don’t the jesuits all just marry each other and make it clear WHY they are inviting such characters to speak at usf?

    when i read the stuff about three catholic grammar school in our archdiocese, and what this law would mean to them, my blood boiled.

    the government doesn’t support our schools (our parents do by paying tuition, and our parishioners who by donations, second collections, and bequests), so why should it be able to control our schools?

    • max, that is like asking why the devil doesn’t rest.

      • the devil does not rest, JLS?

        and yet my mother always said “idle hands are the devil’s tools.”

        maybe she meant he would be busy putting them to use if i didn’t clean my room, and do my chores!!!

    • Kenneth M. Fisher says:

      You aint seen nothing yet!

      Viva Crist Rey!

      God bless, yours in Their Hearts,
      Kenneth M. Fisher

  9. A “normal law” is the plow. Christ is calling anyone who will listen to Him away from it NOW. If we ignore Him, He will go out to the hedgerows and invite others, one of whom will take the place reserved for each of us.

  10. Someone here recently suggested the Vatican should again suppress the Jesuits. This just adds fuel to that fire. I remember when the Jesuits were catholic, do you ?

    • If the Vatican can excommuncate the SSPX, they can excommunicate the Jesuits.
      Those Jesuits who remain faithful to the Catholic Church can simply join a Faithful Order of their choice.

      Pope Benedict told us that the Church would become smaller and more Faithful.

      1) Start supporting the enforcement of Canon 915, and or excommunication when necessary to stop the SCANDALs within the Church – tell your Diocese Bishop.
      2) Report all liturgical and other abuses against our Faith to the Diocese Bishop. If that does not work, report it with documentation to the US Papal Nuncio and the Vatican.
      3) Ask your Bishop and Pastor to start promoting the reading of the “Catechism of the Catholic Church, Second Edition” to slow relativism, secularism, heresy, and schism in our society – and for the NEEDED EDUCATION of all Catholics.

      Pass on a link to:
      ” What Catholics REALLY Believe SOURCE ”
      to everyone you know to help promote the “YEAR of FAITH” in obedience to our wonderful Pope Benedict.

  11. Whether they “honor” him or not, he is dishonorable. It is as simple as that.

  12. Josephine says:

    Having supported Catholic schools, high schools and colleges my entire life, I now find myself very discouraged about what is taking place in many of them. My beloved nephew is a freshman at Archbishop Riordan High School here in San Francisco, and the President of the high school, Mr. Patrick W. Daly, mysteriously disappeared with no explanation at all to those of us who have been supporting the high school for ages. Did he get involved in some scandal with students or with money? We are left in the dark. His brother is Bishop Thomas A. Daly of the Diocese of San Jose, so perhaps the powers that be are simply being careful to cover up any bad news or any dirt out of respect to Bishop Daly. However, in this day and age when nuns are prosecuted for embezzling money, priests are thrown in jail for molesting little boys, and bishops are put on trial for covering up for abusers, the disappearance of the President of Archbishop Riordan High School leave us all wondering what in the world is happening. For us old-timers in the Archdiocese of San Francisco, more honesty and transparency would be a breath of fresh air.

  13. Linda Maria says:

    The Vatican should order a big review of all wayward religious orders, just as they did recently, for the wayward nuns. Bad Jesuits should all be kicked out, and all their institutions set right, under Church Canon Law– or else, strip the name “Catholic” from wayward religious orders (and kick them out!) and their institutions! These horrible, Satanic “Catholic” institutions have been, and will continue to, produce evil to poison and destroy both our Church, and countries all over the world!

    • Rick DeLano says:


      The Vatican has insisted that a doctrinal statement be signed, in order to ensure the orthodoxy of the Jesu…………….


  14. Is excommunication reserved only for those who have celebrated the Latin Mass without permission?

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