The recent petition of the Catholic Diocese of Wilmington for Chapter 11 protection illustrates the real need for resolution in all of the cases throughout the Catholic Church of alleged sexual abuse by priests over the past decades. Remarkably most of the Catholic priests that have been suspended or removed from active ministry have never been charged with any criminal actions. What has seemingly happened is they have not only been denied their American constitutional rights of due process, they have also been denied any vehicle of explanation or defense of any of these alleged charges. Before anyone misunderstand this article, the author believes there are no circumstances that justify any form of sexual abuse on any level. However, the domino effect of these allegations has now caused our Catholic Dioceses to resort to litigation more in keeping with civil law, rather than principles that are inherent to the Gospel message.
Catholic faithful are quite exhausted with the prolonged banter of legalism that has preoccupied much of the past thirty years over this issue. The Catholic Church should propose to civil authorities that when a man is suspected of these sexual abuses, they should be charged by the civil authorities and allow the course of due process to take its course. While criminal charges against these clergy convey the real sense of gravity and urgency attached to this problematic issue of sexual abuse, they also indicate the transparency of the Catholic hierarchy to resolve the problem with the best appreciation of the American rule of law.
While, there is no suggestion there is a particular attempt to demonize only Catholic clergy with these abhorrent charges, the Church needs to work in conjunction with both canonical and civil law. The petition of the various dioceses in the United States of resorting to bankruptcy protection only exacerbates the divisive effects placed on both clergy and faithful Catholics. The secular holdings of the Catholic Church should not be used as the judicial pawn of bishops and barristers. These parishes, schools, hospitals et cetera are held in trust for the Catholic faithful and the development of the Catholic sacramental and evangelical mission to the world. When the Catholic hierarchy resorts to the extremism of bankruptcy protection, it suggests quite honestly that there is still a conspiracy of collusion that continues among the American Catholic hierarchy. It does not solve the issue, it doesn’t promote reconciliation and it only perpetuates the allegations of an institutional cover-up by the Catholic Church.
Allegations against clergy should be investigated by both Church and Civil authorities to the fullest extent possible under our process of juris prudence. Catholic authorities need to ask very fundamental questions regarding the process of discernment used in regards to calling men to Holy Orders. More importantly, the American Catholic Church needs to take a strong view of the total lifestyle of priestly ministry and resolve to make drastic changes in the manner in which priests’ minister on all levels. These men have devoted their lives through many years of educational studies and preparations in order to lead the Catholic parish community in Word and Sacrament. The Catholic Church should at the very least provide a multilevel of balances to assure the priest’s entrusted with sacramental ministry are well rounded, happy and challenged by their ministry.
The use of the assets of the Church to as settlement in lieu of criminal prosecution needs to end immediately. Since the issue of trustees has plagued the Catholic Church in America since the 19th century, the faithful need to proactively engage in dialogues that protect the Church’s assets and provide for the appropriate management of Church assets by the Catholic hierarchy. Bishops traditionally are both the civil and canonical heads of dioceses in the United States. It appears this role is no longer a viable mode of operations regarding the Catholic secular assets. It is time for those educated and proficient in parish plant management work with the clergy to guide and determine the everyday running of the Catholic complexes.
The petition of bankruptcy protection by any Catholic entity should always be the last resort for a Catholic bishop. It protects the tangible assets of the Catholic Church against potential seizure of Church property by one charging clergy with sexual abuse. The charges against Catholic clergy need to be substantiated with empirical proof that goes beyond just allegations. Seemingly the civil authorities need to present objective and clear criminal charges, which will either exonerate or convict the members of the clergy that have been charged with these heinous offenses against young people. The American precept of innocence until proven guilty needs to be extended to all of the Catholic clergy that have been accused of misconduct. Anything less undermines both civil and church laws designed to objectively extricate the entire sequence of events.
Of course always and everywhere the concept of truth needs to guide the entire process of sexual abuse by Catholic clergy. When the Catholic hierarchy resolves to pursue the truth only then will the spirit of reconciliation prevail over this terrible period in American Catholic Church history. Catholics need to demand total transparency from our American Bishops along with an assurance of changes that will enhance the Catholic mission and preserve the integrity of the Catholic priesthood in theology and its clergy.
Hugh J.McNichol is a Catholic author and journalist writing on Catholic topics and issues. He attended Saint Charles Borromeo Seminary in Philadelphia, where he studied both philosophy and theology. He writes frequently at http://verbumcarofactumest.blogspot.com & http://nothing-left-unsaid.blogspot.com . Hugh writes about his Irish Catholic upbringing and educational experiences at http://graysferrygrapevine.blogspot.com . He has contributed works to Catholic News Agency, Catholic Online, The Irish Catholic, Dublin, the British Broadcasting Company, London and the Philadelphia Bulletin, Pewsitter.com, Blogger News Network & The Catholic Business Journal and Wilmington Examiner.
10 users commented in " Equal protection…under the law includes the Catholic Church! "
Follow-up comment rss or Leave a TrackbackWhile there is much that I can agree with this little gem left me short for a while “has now caused our Catholic Dioceses to resort to litigation more in keeping with civil law”. If you ever get the chance to see verified financial accounts you will see that the church has in the past and continues in the present to spend more on civil law, to influence and manipulate civil law at every opportunity – it has done since before my childhood. Most of these upstanding pariahs are highly regarded within the church hierarchy.
Transparency should also include full disclosure of all accounts. The judicial system should not be abused to further “muddy,” the truth. It is indeed time for full disclosure on all levels by the hierarchy.
HJMN
the author
The ‘catholic church’ has come to this point because they ‘hid and enabled’ the abusers and circumvented the “Statue of Limitations” which eliminated court proceedings. The church is always deeply saddned and ashamed after they are discovered !! They are never concerned about the “VICIMS” utill after a claim is filed. The delaware archdiocese is using a legal tactic to avoid making public what they knew and when they knew it. I hope they go out of business !!!!
Hugh, don’t be so naive as to believe that the diocese of Wilmington is really bankrupt. Why would they wait until the day before the trial to begin to declare this? I live within the boundaries of the diocese of San Diego, CA, and Bishop Brom tried the same thing here. Fortunately we had an honorable judge who researched on her own and was not intimidated by the catholic church. She discovered that the diocese was nowhere near bankruptcy, but was doing this to avoid the release of records that would come out during a trial. The trials proceeded. Most of the diocese have plenty of money in car dealerships, apartment buildings, condominiums, etc. There is truly no need to declare bankruptcy except to avoid a trial.
The USCCB (Unremoved Sexual Criminal Cabal Bishops) and Roman “La Cosa Nostra” Pedo Curia, GAMED the civil and criminal courts (and are still doing so) for decades, to hard ball litigate and settle out of court with sealed records for decades, as well as obstruct justice, racketeer, defraud, endanger, aid & abet felons, kidnap, extort, murder, embezzle, etc.
The Courts & Law have FAILED victims, repeatedly.
The State Legislatures and Congress have failed victims, repeatedly.
Law Enforcement has failed victims, repeatedly.
THE SOLUTION? “STOP DONATING LAITY” as St. Peter Damien correctly asserted.
DAILY verified & vetted reporting on the subject of the curia caused, as well as ongoing, crime spreers may be read at: http://www.bishop-accountability.org/abusetracker
To date, over 140,000 American children have been raped and sodomized by Roman Catholic clergy and curia, in the past 30 years, costing laity well over $4.5 BILIION diverted & stolen laity offetory plate dollars, squandered laity paid for assets, and absolutley no correction, or punishment of the primary cause, the aid & abetting curia.
The pedo curia is a CLEAR & PRESENT DANGER!
Where are Federal RICO prosecutions?!
There is no middle ground, you are either financially contributing to a proven and pervasive curia caused pedophile cult, or you are not.
HOW WILL YOU ANSWER YOUR MAKER?!
Fiat Lux & Veritas!
Albino Luciani
MURDERED POPE
If indeed the Catholic Diocese of Wilmington is obscuring assets through the legal process of Chapter 11, that is something a Federal judge should examine. While I deplore the filing of the Catholic Diocese of Wilmington, I am well aware that the action is a legal “shell game.”
As long as Catholic Dioceses continue to hide the assets under new forms of corporate protection, this scandal will take on new and unfortunate forms.
However, the Catholic Church does deserve equal protection under our judicial code in American, just as the victims deserve the same consideration and sanctuary under our legal system.
HJMN4
HJMN4, You Are WRONG.
The Roman Catholic Church has and continues to act, as Former Governor Frank Keating of Oklahoma (and Roman Catholic) stated when he saw the Review Board he was on for the sexual crimes perpetrated by the Church was a rubber stamp deflection, “La Cosa Nostra”.
The Church pleads they want protection under the law, but then repeatedly violates it, brazenly.
The Curia are indeed proven criminals, and only deserve Federal RICO prosecution.
Guilty until proven innocent does not require that criminal organizations, which the curia clearly has become, deserve equal protection, of rank and file US citizenry.
In point of fact, there is a very sound argument the Roman Catholic Church is a foreign agent and power, not within the confines of separation of Church and State, Constitutionally.
One might even soundly argue, under the Patriot Act, the Roman Catholic Curia are indeed known, clear & present danger, terrorists.
140,000 children raped, sodomized, extorted, kidnapped, physically maimed, mentally tortured, suicided, and murdered in 30 years; why it makes Al Queda look like an amateur organization in body count comparisons.
Ciao,
Albino Luciani,
MURDERED POPE
Had the Catholic Church not worked systematically for years to deny existing and potential victims of sexual abuse by clergy “equal protection” the column wouldn’t exist.
The abusers threatened their victims, saying they wouldn’t be believed, and worse.
The dioceses used guilt, intimidation, and even threats of legal action to keep complaints from coming to the attention of law enforcement.
All of this is well-established. So to talk about “equal protection” now is a bit one-sided. The Church is getting a lot more slack than they ever gave those kids.
The issue unfortunately is terribly complex and very elaborate.
All of the comments above make legitimate points, however animosity does not provide a solution to the problem.
Perhaps the most effective method of change for Catholics revolves around a renewal of our sacred beliefs, and a closer partnership between clergy and laity.
The academic and intellectual resources of the Catholic people extend far beyond just Sunday worship.
Perhaps the “grass-roots,” development of change envisioned through the Second Vatican Council will happen to build up the community of faith.
Fr. Rahner wrote extensively about the possibility of a more compact and locall rooted Church in the tradition of the nascent Church at Jerusalem. The model of post-Pentecost early Catholicism should be given renewed appeal and consideration.
Author.
Separation of church and state seems to work in favor of the Catholic Church. It appears that the Catholic Church declaring bankruptcy at the eleventh hour is another ploy to prevent releasing documentation during a trial.
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