Crunchy Con

What's next on McCarrick?

Wednesday April 23, 2008

Categories: Catholicism
Catholic canon lawyer Ed Peters points out that the Pope is considering invoking canon law and defrock a Paraguayan bishop for being elected to civil office, in flagrant violation of church law. Very interesting. If Benedict goes through with this...
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Comments
Maplewood
April 23, 2008 5:39 PM

Wow. What a one-two punch day for RCC news.

If B16 is considering wacking Lugo canonically, then B16 has not been out to lunch regarding the conduct of his bishops worldwide, and is not loathe to move against them.

So, why the kid gloves with the complicit bishops in the USA regarding the pedo-thingee? Because it is less visible than Lugo? How could it be "less visible"? Because it is "more understandable"? How could hiding child molesters be "more understandable" than running for a civic job?

This whole schtick about B16 and his "great shame" about the pedo-thing just failed the smell test.

Ecce Doofus
April 23, 2008 5:48 PM

I, too, wondered about Sipe's not sending the documentation to the Holy See. One possible rationale may be that if the Holy See does not respond by requesting to see the documents, Sipe will be able to protect the identity of his informants. There's no use in automatically outing the whistleblowers if the Holy See doesn't respond.

CTrent1564
April 23, 2008 6:08 PM

Rod:

A fellow Louisianan here, who posts sometimes, and most recently I perhaps questioned the need to rehash the sexual abuse crisis in the Catholic Church here. I posted formerly under St. Domenic and was the one who raised the question of why is it the Catholic Church is always the one getting covered, well, I guess because it is the Catholic Church with over 1 Billion members and an office such as the Bishop of Rome (Pope) gives it an important moral force and voice for all Christendom, which I think you correctly pointed out even if 1 is not Catholic.

So, I guess I have to thankyou for keeping this on the agenda as perhaps shining the "ligh of Christ on this moral evil" is what it will take to totally clean this up. With respect to Pope Benedict using canon law to defrock a Bishop, and some Catholic writers implying that if Rome pushes to hard, a major schism could entail, perhaps should go back and read St. Augustine, who is the theological force behind Pope Benedict (e.g., his first Graduate Thesis used St. Augustine's ecclesiology).

The argument by some Catholics that defrocking a Bishop and potentially causing a schism if those defrocked Bishops go on and ordain men to the priesthood with the approval of Rome rests in the Thomistic formulation of if the ordainations followed the proper form it would be valid, but illicit, according to Thomistic theology. While I was educated by Domenicans and thus was formed by Thomistic thought, and Augustinian might say that an ordination done by a schimsmatic Bishop may in fact be "invalid". The reason, from what I can gather, is something called "The Bound Powers Theory", which states that any attempt to exercise the powers given to a Bishop extra ecclesia, outside the manifest authority of the Church, would be invalid. According to the Eastern Catholic Priest (Eastern in Communion with Rome) bloger named Priestly Puglist, this theory was used in the Eastern Church during the middle ages before St. Thomas Aquinas and its roots are found with St. Augustine.

Thus, since by all accounts Pope Benedict is grounded in the theology of St. Augustine, it appears that Pope Benedict's reintroduction of St. Augustine to the Catholic Church will serve him well in cases where he may decide to defrock a Bishop. I note for example, that Abp Milingo's ordinations were ruled "invalid", which is what caused the "Priestly Puglist" to write about this quetion of "Bound Powers" and how it can be used to handle cases when a Bishop gets defrocked and goes on and decides he is going to form a schismatic Church apart from Rome.

In summary, if there is a move to have Cardinal McCarrick defrocked, assuming the allegations prove true, don't be surprised if you see this "Bound Powers Theory" used by Pope Benedict to state that if a Bishop gets defrocked and goes into schism, any ordinations done by a schismatic Bishop would "not be valid".

Sorry about the long post but I can forsee lots of questions about the implications of such as move by Pope Benedict.

God Bless, regards, and I enjoyed your review of your trip back home to Baton Rouge last week.

CTrent1564
April 23, 2008 6:11 PM

Edit to my previous post I meant ordinain "without the approval of Rome"

Also, the anti-Catholics are already coming out to attack Pope Benedict with respect to defrocking Bishop Lugo and thus questioning what he did last week in the U.S.

Quite frankly, sad.

Maplewood
April 23, 2008 6:28 PM

As a former RC'er who swam the Thames and joined the Episcopal church: we have a way to remove a bishop for malfeasance, and we DO it!

(...and ref. the tired whine about anyone who disagrees with the RCC being an anti-Catholic bigot...the victimology schtick is getting old...please drop it, CT...no one buys it anymore...)

Don Altabello
April 23, 2008 6:34 PM

Mark Shea's biggest problem is that he approaches everything from the standpoint of an apologetics purview, thus force fitting this purview onto situations to which it has almost no relevance.

Erin Manning
April 23, 2008 6:41 PM

"...to the effect that bishops exist in some special mystical state that the Pope shouldn't threaten by merely removing them from office when they've failed spectacularly as shepherds?"

All due respect, of course, Rod, but I don't think that's what Mark is arguing.

Bear in mind that Bp. Lugo, deciding to run for public office, asked the Vatican to accept his resignation back in 2005--which resignation was accepted without comment. Lugo then attempted last year to resign from the priesthood, which he had to do in order for his presidential candidacy to be legal by his country's laws; Pope Benedict XVI initially rejected that resignation, and from what I understood urged Lugo to reconsider such a rash action.

As of this past Sunday, though, Lugo has won the election in Paraguay and is the president-elect. Since Church law absolutely forbids an ordained priest to hold such an office, the Church no longer has any options but to proceed with laicization, an action, it must be born in mind, which Lugo himself wants and has already requested!

How is this the exact same thing as the Pope swooping in to remove bad shepherds? Lugo's own actions over the course of more than a decade, and his own desires which have been made public, are triggering this extremely uncommon event.

In the case of McCarrick, again, should the Holy Father move to investigate it will be because specific crimes (in the ecclesiastical sense, of course, since no civil authority would consider the actions in question criminal) about which the evidence and testimony of people either involved in or witnesses to those crimes are made available to the Holy See. I have always said, and continue to say, that in any case where such evidence is possible to produce there should be an investigation and appropriate canonical penalties up to and including not only the defrocking of those guilty but also excommunication; however, there must be evidence.

The bishops do not exist in some special mystical state. But they do exist as human beings and as Catholics whose rights under Church law ought not to include the notion that they can be removed from their office on suspicion of wrongdoing, no matter how grounded or weighty that suspicion is.

Erin Manning
April 23, 2008 6:58 PM

Jumping in again now that I've seen your update, Rod. The quote you cite from the Catholic Encyclopedia is interesting in that it includes the phrase "where grave cause exists..." I think that's really what we're arguing about here. I totally agree that a bishop acting malevolently to conceal the criminal or nefarious activities of one he knows to be an abuser-priest, whose actions negligently and callously caused deliberate grave harm to the faithful, ought to be disciplined, up to and including not only defrocking but also excommunication!

Now here's the challenge: prove it.

Prove that any bishop was indeed, acting malevolently (as opposed to ditheringly, which sadly is a common feature in the episcopal landscape these days). Prove that his intention was to conceal criminal or nefarious activities. Prove that he knew or had reasonable cause to suspect that the priest he was moving around hadn't been cured by the treatments all the psychological experts of the day were dabbling in as cures for the pedophile. Prove that he was being negligent or callous. Prove that he deliberately caused grave harm to the faithful. I mean it--anyone out there who has proof of any of this about any bishop, come forward! Now is the time; indeed, there's no point in waiting any further considering that the appropriate canons for taking the sort of action so many want are clearly at the forefront.

Quit expect Rome to act on rumor, suspicion and innuendo. Quit demanding that Benedict ride in like the hero of a western and clean out the City of God with a bible in his right hand and the canonical equivalent of a gun in his left. Provide the evidence, mention Canon 1405, and then allow the proper sort of investigation to proceed.

Rod Dreher
April 23, 2008 7:09 PM

Erin, it would of course be wrong to remove a bishop only on suspicion of wrongdoing. But is there not one bishop whose actions in the scandal -- Mahony is the one who comes easiest to mind -- merit the attention of the Holy See, such that he is placed under some kind of investigation? Whose job is it to police the bishops? Not mine. Not yours. In Mahony's case, and in others, the malfeasance has been public for some time. Is it really the case that a bishop has to have had the intent to cause harm to merit his reassignment?

Mark often says that it's "our" fault for not punishing these bishops for wrongdoing, and expecting Rome to do so. In some cases, the statute of limitations expired on criminal law. But in most cases, I'd say, it's pretty sad to think that nothing a bishop does in office short of violating the criminal code can get him reassigned to Partenia by the Holy Father.

Look, it's not my church anymore, but as I've said, for the West, where I live, having a strong, spiritually robust Catholic Church is absolutely vital. To paraphrase Belloc, the West is the faith, the faith is the West. And that faith is, at its root, Roman Catholic. I think Rome's failure to move against a single bishop for malfeasance in office in the scandal does not strengthen the Church, but weakens it. Reassign one to Partenia, teach a hundred.

aaron
April 23, 2008 7:20 PM

Quit demanding that Benedict ride in like the hero of a western and clean out the City of God with a bible in his right hand and the canonical equivalent of a gun in his left.

WWJD?

I foresee whips, tables, temple, and money.

Erin Manning
April 23, 2008 7:30 PM

Aaron, who said it was Pope Benedict's job to clean up Las Vegas?


Oh, wait...never mind. :)

Mark Shea
April 23, 2008 7:30 PM

Erin:

Right. It's not what I'm arguing. And I do wish Rod would stop creating such straw men. Indeed, I'd have a rough time arguing that "some special mystical state" prevents the removal of bishops since, as I have repeatedly noted, the Pope has removed bishops from their office.

With respect to the American situation, the "trigger" has usually been "active participation in the sin", as near as I can see. So when Law tries to resign repeatedly, JPII refuses it--apparently because Law did not himself abuse boys but only reassigned priests who did. Same for other bishops (and not all did this, of course).

But when Whathisface down in Palm Beach is found to have actually been boffing boys? He's outta there like a shot. Dittos with Whosit in South Africa and a couple of others whose names also escape me.

That's seems to have been JPII's thinking. I don't know what Benedict's thinking is. However, given that he did not deliver that gust of cathartic rage any more than he started chewing out Bush on the White House lawn (another equally unrealistic expectation that issued from other quarters), my guess is that, yet again, he is not going to handle things with the stroke of pen either.

If he *does* follow JPII's pattern and McCarrick is found to be guilty of Sipes' charges, I expect McCarrick will get sent down the ecclesial river (whatever that consists of). The rest of his years in a monastery doing prayer and penance would be nice if he's guilty as Sipes says. But I'm content to let that process actually work itself out in canon law.

I don't think canning (or not canning) Lugo will be an "act of genius". Nor do I think JPII's approach to the Situation was an "act of genius" either. I simply think it, well, more or less what could be expected since neither he nor Benedict seem to regard themselves as being in charge of micromanaging the Church. Lugo is a case of apples and oranges in relation to the American Church. He is a bishop who is not only aiming to defy canon law but requesting and insisting on laicization. It's sort of like if Robert Drinan ran for President of the US and won and then started demanding to be let out of his vows. It's not a big surprise that the Pope is looking at the matter.

What is *really* remarkable (and unnoticed by Rod) is that even *then*, with Lugo *begging* to be relieved of his vows, the Pope is *slow to do so*. Until the reason for that is thoroughly grasped by Rod (hint: it's got nothing to do with a Good ol Boys Club) it is difficult to discuss the American situation because it means that Rod is still approaching the relationship of the Pope to the bishops, not in light of revelation, but in light of management theory and non-Catholic ecclesiology.

That's why I'm (still) puzzled by Rod's peculiar incoherence here. He's Orthodox, but he wants Benedict to act like Innocent III. It's a red herring to suggest I am asking why Rod "can believe that the laws of the United States are valid, but be distressed that the government of France won't enforce the laws of France." We're not talking about laws. We're talking about what Rod's conception of the Church is, and I'm not sure he really knows. Rod professes an Orthodox ecclesiology, but still, in his heart, believes no such thing. That's okay, but he doesn't appear to really grasp a Catholic ecclesiology either. I repeat, the fact that the Orthodox communion is able to get rid of miscreants is fine. So does the Catholic communion. Both communions could do much better. But the fact remains that neither communion can, without doing a lot of violence to itself, do what Rod expects the Pope to do "with the stroke of a pen". And nobody is more acutely aware of that then Rod's own bishops. That's why I don't get it.

Ecce Doofus
April 23, 2008 7:33 PM

I don't care whether a guilty bishop can be un-bishopped or not. There are other disciplinary measures, like those used with Fr. Maciel. If Pope Benedict investigates and finds that a bishop has disgraced his office, let the pope say so publicly and "invite" the bishop to live out his life in prayer and penance. If that bishop refuses to retire at that point (if not already retired), the pope can publish the evidence so that brother bishops and diocesan clergy and laity can play their proper roles.

In my opinion, Erin Manning proposes too high a standard, requiring that the failing must be deliberate, malevolent, and the result of provable intentions, with an airtight chain of causal connections. What about culpable negligence, or obstinate denial of crimes, or obstinate failure to learn from mistakes, or repeated false assurances to victims' families, or failure to follow the civil law in regard to reporting abuse? What about facilitating illegal flight of accused persons? Are these not sufficient for a considered moral (not legal or canonical) judgment to be made, and disciplinary action taken by the one individual who has the authority and responsibility to do so? Since the bishops have either abandoned their role of fraternal correction, or have failed to have any meaningful effect, the pope is the only one left who can take action.

Erin Manning
April 23, 2008 7:46 PM

Ecce, my example was merely an example. By all means proof of some of the other items you mention should suffice, and even those are not necessarily all-inclusive.

But again, there has to be strong evidence (as opposed to hearsay, suspicion, rumor, etc.) that any of these things have actually occurred.

We understand this when it comes to civil law. It's not enough for neighbor A to accuse neighbor B anonymously of some crime: neighbor A has to go and fill out a complaint, at the very least, and be willing to go on record with the accusation so an investigation can begin. That's all that's needed here, too, and it's what I'm calling for.

What Mark says above about corporate management makes me think. We've all grown so accustomed to that standard that we now think of it as *normal* that a single phone call from a person who doesn't have to be identified to the accused is enough to launch a full-scale corporate harassment investigation against the accused. And the accused person bears the burden of proving his or her innocence, and can indeed lose his or her job for what amounts to an anonymous accusation and/or mere suspicion of wrongdoing!

Is that really the best model for the Church to follow? Isn't it, indeed, obnoxious from an objective standpoint that potentially innocent people can be treated that way?

ASimpleSinner
April 23, 2008 7:46 PM

"Hey, how about this: it turns out that the (troubled, conflicted, irresolute, usually dithering) Holy Synod of the Orthodox Church in America, my own communion, has just effectively removed the screwball Bishop of Alaska,..."

They effectively removed him? OR weighing all the options he opted not to fight and realized the resources were not there for a legal battle? For a time the questions was did the "Screwball bishop" have the wherewithall to hold his ground and/or pull out of the OCA and keep his people with him...


"To consider validity as a self-contained principle leads to a magical understanding of the Church and to a dangerous distortion of ecclesiology."

Personally I think that ship has already sailed with the total embrace of autocephalous polyarchy and the current realities of ethno-nations states in the Greco-Slavic world feeling a compelling need to have their own self ruling churches. The process for ataining self-rule has been straightfoward enough in more recent cases - declare it! And then wait for everyone who says you are uncanonical to come around and later accept the act as legitimate insasmuch as the self-ruling status is then recognized, all are in communion, and things tidily move on.

When the day comes for the Macedonian Orthodox to be recognized (and yes, that day will come!) It will simply happen and all these decades of canonical isolation will be wiped away like the thin layer of dust on my PC's monitor and their will be acceptance that outside of the communion of Greco-Slavic national churches (and now inside) the Macedonians possessed validity.

meh
April 23, 2008 8:43 PM

Bishop Dupre was bishop of my diocese (although by this time I was no longer a practicing Catholic). If I recall correctly, he had gay sex with a couple of Vietnamese immigrant boys. He asked them to keep it hush-hush when he was tagged to be bishop. One of them outed him later when Bishop Dupre publicly towed the party line against gay marriage in Massachusetts. Leading up to this, Bishop Dupre had written in his editorials in the Catholic Observer that back problems may cause his imminent retirement. That's what he begged off on when he was outed. Previous editorials by Bishop Dupree made the case that the diocese had to continue to support a Father Richard Lavigne, a convicted sex offender (who was a suspect in the unsolved murder of an alter boy). Father Lavigne got defrocked after Bishop Dupree retired.
http://www.bishop-accountability.org/ma_springfield/

Ecce Doofus
April 23, 2008 8:49 PM

Erin,

I think a superabundance of proof against any number of U.S. bishops is readily available at bishopaccountability.org. Your persistence in warning against witch hunts and innuendo begins to seem like a straw man, in the face of ample evidence of the incompetence and unambiguous, glaring, scandalous moral failures of particular bishops. Also, I love you and appreciate your balanced approach.

After submitting my earlier comment, I started fantasizing about the investigative panel I would nominate to Pope Benedict. No bishops need apply. It would report directly to the pope. Cardinal Levada would be briefed on the findings after they were presented to the pope. Fr. Joseph Wilson would be the convener and report author. Dr. Ed Peters would be the advisor on canon law. A survivor and a survivor's mother. Richard Sipe. Author Jason Berry. Anne Burke, former head of the U.S. National Lay Review Board. Lee Podles. Sylvia Demarest of BishopAccountability.org and two of their staffers. Phil Lawler, author of "The Faithful Departed." Diogenes. Get this group together in a room with wi-fi, a variety of takeout menus, and plenty of printer paper and highlighters. Give them one month for research. Have them start every day with Holy Mass, pray the rosary at noon, and end the day with sacramental confession to address sins of excessive anger. Give another month for writing and revisions. Have Erin read it to cull out any innuendo. Spend half a day presenting the material to the pope. Have him send for any diocesan records they were unable to obtain. Then publish the report. Let the chips fall where they may.

Brian
April 23, 2008 8:55 PM

" I do think, however, that in conscience, (though not by canon law given the abrogation of 1917 CIC 1935.2), Sipe is bound to send to the Holy See all the information he has about these matters, and not wait to be asked for it.

Agreed on that last bit. Sipe has boldly spoken out here, and claims written evidence that no journalist to my knowledge possesses. He should make it public, or at least get it to the competent authorities at the Holy See right away."

Why then Rod, do you not go public with the information you have about priest abuses? Why not send your to the See?

CTrent1564
April 23, 2008 9:10 PM

Well Maplewood, I don't see the Episcopal Church doing much of anything except moving towards Unitarianism, which is ultimately much more dangerous than anything going on in Rome, and running off orthodox Anglican Christians who believe in the historic Creeds of the Church. With that, to argue that Anti-Catholicism does not only occur, it is actually the one group the secular left can publicy attack without any consequences. Bernie Goldberg, who is a Jewish-Liberal himself, point blank stated as much when refering to the Bill Maher comments about the Pope being a Nazi.

And as for you being a former Catholic, I can respect that, and quite frankly, I would love to trade all the Catholics Like Richard McBrien and the entire National Catholic Reporter staff (save John Allen) for all the faithful Anglican Christians who are being run out of their Church. But, I am not in position to do so, and in God's providence, that is not my job. However, despite the sinful behavior of certain priests and Bishops here in the U.S., I will never let the sins of some of the Catholic Church's members (for I can look in the mirror and see a sinful person), no matter how grave those sins are, cause me to lose faith in Christ and the Church that he founded.

Pax Domine Christi

Anonymous
April 23, 2008 9:12 PM

The bottom line in discipline is the purse string and that is what God has given the laity. If a bishop can not make his yearly payment to Rome because his people don't pony up to the Annual Appeal, what happens to him? Does anyone actually know, including our canon lawyer? Maybe this is the question we ought to be asking instead of the useless question of what happens to a bishop against whom complaints are lodged for moral turpitude or countenancing moral turpitude which is all very difficult to prove.

CTrent1564
April 23, 2008 9:40 PM

The problem with the previous post, at least as I see it, is that if I follow your suggestion, it follows that I am going to withhold money used to fund homeless shelters, soup kitchens, the local St. Vincent DePaul ministry, etc, etc, etc, because some Bishop is a not doing what he is called to do. What about the consequences of those actions? So, if all Catholics do what you (the previous poster) suggested, lots of "innocent people" who rely on the Catholic Church to provide health care servies and educational services will get hurt (i.e. the poor and weak at the margins of socities across the world) as I will remind our non-Catholic freinds???? on this forum that the Catholic Church is the largest provider of those "corporal woks of mercy" across the globe.

God Bless

Simon
April 23, 2008 9:45 PM

If a bishop can not make his yearly payment to Rome because his people don't pony up to the Annual Appeal, what happens to him? Does anyone actually know, including our canon lawyer?

What "yearly payment to Rome"? The annual Peter's Pence collection is for direct contributions by the faithful to support the Holy See. If the faithful of a particular diocese don't respond (and response rates vary widely around the world), nothing "happens" to their bishop. Bishops aren't assessed dues.

Simon
April 23, 2008 9:58 PM

As Mark Shea correctly points out, the Lugo case is radically different from the malfeasance of various American bishops.

Lugo has violated what in law school we called a "bright line rule" (like running a traffic light, as opposed to a flexible standard, such as being negligent). Either Lugo is the President of Paraguay, or he isn't. As a cleric, he is obligated not to be the President of Paraguay. No investigation is necessary here, there is no need to evaluate all the facts in ligth of various circumstances, and no judgment is involved. And, as Mark Shea rightly notes, even in this situation the Pope has done everything possible to avoid laicizing Bishop Lugo.

To a great extent, demands for papal disciplinary action against inept or prevaricating bishops stem from an ecclesiology that sees the Pope as CEO of Catholic Church Global and the bishops as his local representatives heading up branch offices. That's not how the Church or the Papacy understands itself, which is why bishops will never be removed with the "stroke of a pen."

Rod Dreher
April 23, 2008 10:55 PM

Why then Rod, do you not go public with the information you have about priest abuses? Why not send your to the See?

Sipe has things I don't have: documents. All I have are conversations, on background, and easily deniable.

TRP
April 23, 2008 11:50 PM

Ed Peters' headline is "AFTER DECADES OF DISINTEREST, suddenly two Canon 1405 cases." Perhaps the law has remained on the books, but it has not been invoked, and perhaps this is due an effort to promote a more "Orthodox" ecclesiology, as Mark Shea suggests. (Notice the two "perhapses.")

If the Vatican's hands off approach to these matters is the result of V-II experimentation with a new ecclesiology, then I hope that the Holy Father rethinks the experiment, because we need some sane guidance. The USCCB by itself isn't doing much of a job, no matter how much they tell us about their vibrant wonderfulness.

Ed Peters seems to suggest someone has to lay out the case before canon 1405 can be applied, and this makes sense: the Holy Father isn't going to punish someone on the basis of allegations made in the media. Ed Peters adds: "I do think, however, that in conscience, (though not by canon law given the abrogation of 1917 CIC 1935.2), Sipe is bound to send to the Holy See all the information he has about these matters, and not wait to be asked for it." I would second that thought. If Sipe has documentation, he should present it to the appropriate authorities in the Vatican.

Whatever the explanation, I doubt that either Mark or I can offer it. (Sorry Mark, you're excellent on theology and apologetics but you're no Canon Lawyer. I most certainly am not.) If you are really interested in the mechanics of this I'd consult someone like Ed Peters (whom I don't know from Adam, by the way).

As a Catholic, let me "testify" for a moment to my non-romish brothers and sisters. Some of the most amazing people I've met in my life have been Catholic priests and nuns. Most of the Catholic priests I've met have been more impressive than your average schlub. I've met one or two priests about whom I've had doubts, and most of the Bishops I've met have struck me as dull and uninspired administrators. However, my life as a Catholic is not in any way impacted by malfeasant priests or bureaucratics bishops. If you have the impression that Catholic life resembles Fellini's Satyricon you are mistaken. If you're considering full communion, please base your decision on a real engagement with the Church.

TRP
April 24, 2008 12:03 AM

"Holy Synod of the Orthodox Church in America my own communion, has just effectively removed the screwball Bishop of Alaska, whose destructive and imperious leadership style was demoralizing the faithful, and who badly handled a sexual scandal"

Rod, I would respectfully suggest that this is not a good comparison. The OCA is quite small, and it's always easier to manage problems on a much smaller scale. Compare decision-making in a small family-owned business vs. a large corporation. Something like the Russian Orthodox Church would be more appropriate. How good are they are policing themselves?

Rod Dreher
April 24, 2008 12:36 AM

Mark, on this subject you and I are like the Wolf and the Hound in the old Warner Bros cartoon, who punch the clock before the go about their business, until it's time to knock off.

To cut to the chase, let me refer readers to this 2002 story from the Boston Globe, showing how successive cardinal archbishops of Boston coddled Fr. John Geoghan, the serial molester -- and how their clericalism showed itself in repeated concern for his well-being, but little or nothing for the children he was screwing.

Now, read this letter that Margaret Gallant, a Catholic laywoman, wrote to Cardinal Medeiros of Boston in 1982, telling him that seven boys -- seven boys! -- in her extended family had been molested by Geoghan. Excerpt:

[begin]
Our family is deeply rooted in the Catholic Church, our great-grandparents and parents suffered hardship and persecution for love of the Church. Our desire is to protect the dignity of the Holy Orders, even in the midst of our tears and agony over the seven boys in our family who have been violated. We cannot undo that, but we are obligated to protect others from this abuse to the Mystical Body of Jesus Christ.

It was suggested that we keep silent to protect the boys -- that is absurd since minors are protected under law, and I do not wish to hear that remark again, since it is insulting to our intelligence.

I have a tremendous love and respect for you Cardinal, and regret now for not writing to...(at this point in letter, part of text is cut off)...humility and holiness, but I am very angry with you now, and do not understand this.

While it is true that a layman in the same situation would only be confined for observation for a limited time -- he would also be exposed (word "exposed" is underlined twice). Parents would know then not to allow children near this type person. In this case, not only do they not know, but by virtue of his office he gains access quite easily, which compounds our responsibility! His actions are not only destructive to the emotional well-being of the children, but hits the very core of our being in our love for the church -- he would not gain access to homes of fallen away Catholics.

Regardless of what he says, or the doctor who treated him, I do not believe he is cured; his actions strongly suggest that he is not, and there is no guarantee that persons with these obsessions are ever cured.

Truly, my heart aches for him and I pray for him, because I know this must tear him apart too; but I cannot allow my compassion for him to cloud my judgment on acting for the people of God, and the children in the church.

My own children were not directly...(at this point in letter, part of text is cut off)...sensitive to my nephews and grandnephews who were involved; I am far enough removed to be slightly more objective. I have not told my sister or my niece that that priest is still functioning -- I fear the consequences of telling them. I have told my brother, and he and I will take this case to the Holy Father if need be.

We did not question the Authority of the Church two years ago, but left it entirely in your hands. Now, we will not settle for this, but must insist on knowing what action is taken -- where he is sent, etc. I will not allow this Temple of God to be overshadowed by a sin of omission. We, our family and all of us who look to the Authority of the Church -- (word illegible) the Church -- and have the right to expect service from the Ordained.

My two sisters and my niece never as much as received an apology from the church, much less any offer for counseling for the boys. It embarrasses me that the Church is so negligent.
[end]

Of course Mrs. Gallant got the back of the cardinal's hand, and Fr. Geoghan plowed his way through the Catholic boys of Boston. When Geoghan finally retired, Cardinal Law wrote him, ''Yours has been an effective life of ministry, sadly impaired by illness . . .God bless you, Jack.''

One of the boys Jack molested was Patrick McSorley, whose father had just committed suicide. This priest of God came to the projects to comfort him. Patrick's mother was mentally ill. Geoghan took him out for ice cream, then masturbated him, and then himself. McSorley had a hard young life after that, and was found dead in 2004. As I recall, it was, or may have been, a suicide. McSorley was one of the 130 or so children Geoghan is believed to have molested during his clerical career.

Where is Cardinal Law now? In charge of a major Rome basilica. Where are other bishops who allowed this sort of thing to go on in full knowledge of what was happening? Still in charge of their sees, unless they reached mandatory retirement age, or got caught buggering someone.

Now: call me a Marxist, but an ecclesiology that allows a bishop to treat ordinary Catholic children and their families like Medeiros treated Margaret Gallant, and the whole shooting match, and face no penalty, and no accountability, for it, is deeply unjust, and even wicked. It is a structure of sin that calls out to heaven for justice. It might be the sort of thing I have to live with, but I will still call it what it is: a racket to protect the clerical class from accountability to the wider church. I believe the Lord ordained the episcopate. I do not believe the Lord intends for it to act like a feudal lord, with droit de seigneur and all that.


Rod Dreher
April 24, 2008 8:07 AM

My point (having slept on it) is simply that when one's abstract theory of ecclesiology ends up creating concrete situations in which the faithful have to bear such treatment from the clerical class, and have no right to expect the clerical class to answer within the Church for their grave actions, then you need to get yourself a new ecclesiology. No, I'm not talking about ending the system of bishops and all that, which I don't think we have the right to do. I'm talking about using the canons already in place to hold bishops to account. In fact, do we need a new ecclesiology at all, or just churchmen who have a different attitude about what kind of behavior is right to expect of bishops and priests?

Mark Shea
April 24, 2008 9:38 AM

Mornin' Ralph (punches in):

And my point, Rod, is that what you call an "abstract theory" may in fact be something constitutive of the sacrament of Holy Orders as it was established by Jesus Christ, which the Pope does not regard himself as competent to just breeze past with the stroke of a pen. Until that possibility has really been grappled with, the actions of the Pope will continue, I think, to be enigmatic and perverse to you, just as his "refusal" to ordain women continues to completely baffle certain folk who simply regard it as his personal sexism and not as having anything at all to do with the nature of the sacrament.

I repeat: this does not mean that "bishops exist in some special mystical state that the Pope shouldn't threaten". Bishop can be and have been removed. But it does mean that such actions are not going to happen at "the stroke of pen". Not even when the bishop is begging for it and demanding it. Some other explanation the "circling the wagons" has to be found to account for the Pope's actions. And I would start with the nature of the sacramental office the bishop has and his *real* relationship with the Papal office, not the Innocent III fantasy that seems to dominate so many people's minds. The Constantinian papacy is loooooong gone. You will not make any headway at all analyzing the actions of either Benedict or John Paul so long as you continue to do so politically first and do not take *seriously* into account their understanding of the theology of the sacrament of Holy Orders. For the matter of that, you won't understand many of the actions of your own bishops till then either.

sigaliris
April 24, 2008 9:49 AM

an ecclesiology that allows a bishop to treat ordinary Catholic children and their families like Medeiros treated Margaret Gallant, and the whole shooting match, and face no penalty, and no accountability, for it, is deeply unjust, and even wicked. It is a structure of sin that calls out to heaven for justice.

Truer words were never spoken, Rod. There may be good men within that ecclesiology, but the structure itself works against them, and tends to vitiate their goodness by demanding their loyalty and conformity to those who are not good.

In a way, posts like these give me a meager amount of gloomy satisfaction as they provide more evidence to confirm my conclusions. Overall, though, it just makes my heart more sore. I wonder how much more time and energy will be wasted, how many more earnest discussions among the laity and desperate appeals to the authorities will be made in vain before people come to understand that the Church--by which I mean the official "Church," the hierarchy in charge--SIMPLY DOES NOT CARE.

How do I know this? Actions speak louder than words. They had their chance to act, and they let it pass. Repeatedly. They've had so many chances--each one rouses great hopes in the faithful, but comes to nothing in the end. They don't care because they don't have to care. Who will hold them accountable? They are counting on what's always worked in the past. Wait for the scandal to die away, and proceed as usual. The abused will grow old and tired, will kill themselves or die, will drift away into obscurity. And the mighty machine of the institutional Church will move on.

Yes, the Pope will speak to a carefully vetted handful of survivors--and not even of his own choice, but through the repeated pleas of O'Malley--and graciously feel their pain. For this gesture, he'll receive gushing adulation that may help make everyone forget that when he was in charge of the Congregation for the Doctrine of the Faith, this was his responsibility and he failed utterly to do anything. Those who suffered have no more standing than a widowed, raped and pauperized Iraqi woman wailing by the side of the road as the convoy roars by. They are collateral damage. The dogs may bark but the caravan moves on.

Mark Shea
April 24, 2008 9:58 AM

(Sorry Mark, you're excellent on theology and apologetics but you're no Canon Lawyer. I most certainly am not.)

Nothing to be sorry for. You're completely right. That's why I stay away from the topic. I agree with you that one of the principal problems with Rod's approach is that it boils down to "Why doesn't the Pope do something about all this scuttlebutt I've heard?"

Well, because canonical procedures don't run on scuttlebutt. If there's something documentable, then bring it. But "Matt Abbott said..." is not going to cut it.

I hope Sipes brings whatever he has to the Church for actual examination and, if the facts are against McCarrick, that he goes.

But I am also cognizant of the hysteria. I remember a few years ago when people on Amy's blog where having conniptions because the Dominicans in Oakland were not "restricting the movements" of some priest who lived there who had been a pervert. The law had not jailed him, so the mobbox wanted the Domincans to force him to stay only on the grounds of the House of Formation. But instead the damned Dominicans let him walk around just like a regular person with civil rights!

Well, here's the thing: private citizens aren't *allowed* to jail other citizens in the basement. That's for the State to do. When we do it, it's called "kidnapping" and other unpleasant terms. But the mobbox folk wanted their pound of flesh and weren't going to let abstractions like the rule of law or common sense get in the way. This weird impulse that demands the Church be more merciless than the state is something I don't get.

All of which is to say, I think you are right, TRP and that no small part of this is canon law, about which I know little, but which I do know is ordered toward the Church's tradition and not toward cathartic gusts of anger based on the latest scuttlebutt in Matt Abbott's column.

TRP
April 24, 2008 10:04 AM

I would have to agree with Rod that the "sacrament of holy orders" explanation does not make sense. Why does the same principle not apply in Lugo's case?

I think that the more likely explanation is that Lugo violated a specific principle of canon law prohibiting clerics from holding political office, whereas the others were just terrible bishops and human beings.

TRP
April 24, 2008 10:20 AM

Of course, things are also easier when a bishop is found guilty of a crime by civil authorities. It's true that the pope can remove a bishop even when he has not been found guilty of a crime or violated a principle of canon law, but that would be perceived as a far more authoritarian move.

Someone mentioned above the past immunity of clerics from civil prosecution. Well in those days church courts would judge cases of crimes committed by clerics, and often the church courts were (at least in theory) stricter than the civil ones. Now, unfortunately, the church relies on the state to crimes committed by clergy. In many ways this has been a step back in the church.

Patrick Rothwell
April 24, 2008 11:33 AM

(1) Is anyone aware of a single case where the Pope (outside of Italy) degraded - or returned to the lay state - a bishop for sexual misconduct? Has it ever occured?

(2) Unless if specific charges against Cardinal McCarrick are publicly made by someone with personal knowledge of the facts, i.e. not someone like Richard Sipe who claims to have second- or third-hand information, the chances that the Pope will publicly punish Cardinal McCarrick by forcing him to resign as Cardinal - - or even returning him to the lay state -- are pretty close to zero. There is a concept in Catholic moral theology called "detraction," which forbids revealing unknown faults to a third person unless that third person has a need to know. The nonpublic nature of Cardinal McCarrick's supposed "misconduct," critically distinguishes his situation, such as it is, from Bishop Lugo's situation, which is a notorious public fact.

(3) I put "misconduct" in quotes in the above sentence for a reason. It is clear that certain unspecified persons have made accusations against Cardinal McCarrick, and that these accusations have made the round for a number of years. However, the truth or salience of those allegations, in all of the years that they have circulated, have never been established. Until that occurs, I'm operating under the reasonable assumption that the charges are scurrilous and malicious falsehoods. It is also not irrelevant that these charges have been publicly circulated, for the most part, not by people who are genuinely dismayed by sexual abuse and abuses of power in the Church, but, with ill-concealed glee, by embittered enemies of his in the Church - embittered by his position on the relationship between the episcopate and Catholic colleges and universities, embittered by his position on communing pro-abortion politicians, embittered by thwarted clerical careers, among other things. Thus, the charges ought to be viewed with some skepticism.

Rod Dreher
April 24, 2008 11:50 AM

Mark, it requires no special understanding of the sacrament of holy orders for a pope to transfer a bad bishop to a see where he can do no harm (see Gaillot to Partenia), any more than it takes a special understanding of same for a pope to transfer a good bishop to a see where he can do more good.

Nor is Cardinal Mahony's record in the matter "hearsay." You know that as well as I do. That not one American bishop has been relieved of his see over his performance in this very grave matter (with the possible exception of Cardinal Law), says more than any purported theory of ecclesiology can about Rome's state of mind. I am unfamiliar with a theory of ecclesiology that holds almost no degree of misgovernment -- and remember, a bishop's role is to teach, govern and sanctify -- justifies the pontiff removing a bishop from his see. If that really is what Roman ecclesiology teaches -- and again, I am not convinced of that fact -- then Rome sets itself up to be fairly accused of encouraging cynicism about truth and morality in the Church, and of seeing the Church's mission being not primarily about the Gospel, but about maintaining its leadership class in the manner to which it has become accustomed.

On evidence of action, Rome is largely unconcerned by the dismay at the misconduct of some American bishops. I think, Mark, that your theory of Roman ecclesiology is far less persuasive a theory for inaction against the worst offenders (Mahony leading the pack) than simple clericalism.

Rod Dreher
April 24, 2008 12:00 PM

Let me put it more bluntly: let's say your son was buggered by a priest, and you found out that your bishop not only knew that Father was a boy-buggerer, but had moved him around from parish to parish, where he buggered more boys. Let's say your son was, like Eric Patterson, one of five suicides of boys all molested by the same priest, who was known to his bishop as a serial molester, but never stopped. Let's say you carried in your heart this suicide note left behind by your son, discovered after he blew his brains out, having spent years after his molestation in and out of hospitals:

"To all who have loved me,

"I have tried to please god everyday but I have always come up so short that he makes me feel guilty about my life. I could go on disappointing those high expectations, and feel miserable. Or I could die, and finally get it over with. I'm sorry. I can't help myself any more feeling better without dying. I found out that love is hard and not willing to do what it takes. I hope that I won't be making a mistake.

Love Eric."

Let's say that was your boy, now dead by the bullet he put in his own brain, who wrote that letter. How persuasive would you find a theory of ecclesiology that held that the Pope could not remove by reassignment the bishop who allowed that molester priest (Fr. Robert Larson, now in prison) to continue his rampage, because to do such a thing would "do violence" to the Mystical Body of Christ?

TLM
April 24, 2008 12:10 PM

Mark, that your theory of Roman ecclesiology is far less persuasive a theory for inaction against the worst offenders (Mahony leading the pack) than simple clericalism.

There is a key difference between your approaches. Mark's is grounded in charity, and yours is not.

Rod Dreher
April 24, 2008 12:12 PM

Go tell Horace and Janet Patterson about charity, TLM.

JohnMcG
April 24, 2008 12:24 PM

Veterans of debates with Mr. Dreher on this topic are familiar with this tactic. When cornered that he is asking the Holy Father to act in a way that no previous pope ever has, he pulls out a first-hand account from an abuse victim, and essentially accuses those who disagree with him of spitting in the victim's face.

Reading the linked story, and the family's (understandable) rebuffing of Busop Gerber'sefforts to meet with them, I'm unconvinced that any sort of discipline against Bishop Gerson would have done much to heal the family either, and I think the notion that all it would take to heal a family from their son's suicide is a bishop's head on a pike is also insulting to victims.

--

How could the Blessed Mother watch her Only Son be tortured and killed and believe it was part of God's plan of salvation?

I'm not saying that moving around pervert priests is on the same order as Jesus' Crucifixion, nor to diminish the reality suffering but that something causes suffering does not mean it is incorrect.

--

Honoring the sacramental bond of Holy Orders is beyond "clericalism" -- it is a fulfillment of a promise the Church has made to these men. That the Church will not back out of this promise even in the face of sinfulness strengthens its promise to the rest of us.

It would be the simple PR move for the Church to kick its more notorious clerics to the curb. But as Mark keeps saying, that's not how the Church works, and as a fellow sinner, I am thankful that it doesn't.

Anonymous
April 24, 2008 12:25 PM

What about the girl-buggering priests & bishops Rod? And what about the nun-raping priests Rod?

Rod Dreher
April 24, 2008 12:33 PM

You're right, it is spitting in those families' faces.

How could the Blessed Mother watch her Only Son be tortured and killed and believe it was part of God's plan of salvation?

Right, so if your son or daughter is raped by a priest, and the bishop is seriously culpable, be sure to comfort the child by telling him or her not to raise a finger of accountability or discipline against either, because to do so would be to violate God's plan of salvation. Good Lord.

TLM
April 24, 2008 12:44 PM

And in your response we have the key problem with your approach: replacing the central call of the Christian (charity) with emotion, and flinging it back in my face with a call to anger. As someone who was abused (not by a priest), I understand how consuming that anger is. I also feel more needs to be done at some level to call bishops to accountability, and I believe more should have been done to bring criminal charges. (I am utterly against the civil cases.) However, believing this can be solved wholly from the top down is mistaken. Mark's right: that kind of rapid and decisive exercise of ecclesial power is not something the papacy was built for, for better and for worse.

JohnMcG
April 24, 2008 12:47 PM

If my son or daughter were raped by a priest, and it caused her to commit suicide, I don't think there is anything that could console me. My point is that that a policy causes suffering (and it's not at all clear from that account that anything Benedict would do at this point would ease the Patterson's suffering) is not in itself a condemnation of that policy.

God's plan for salvation resulted in great suffering for the completely innocent Jeusus and Mary. Does that mean God is callous to suffering? Does that mean God's plan for salvation needs to change?

And did I say anywhere that Fr. Larison does not belong in jail? He does. But somehow I am saying not raise a finger of accountability against the priest. Go on believing that.

I think we have reached the point that Ramesh has reached with Derbyshire. Constructive dialogue is impossible. Anyone who sees any reason for the hierarchy's actions (or inactions) other than clericalism and lack of care for the victims is kidding themselves.

Sherry
April 24, 2008 12:50 PM

A huge missing piece.

You all are saying that what Sipe is saying is "scuttlebutt."

Perhaps it is, but perhaps it isn't.

Bottom line:

These guys (bishops) know things about each other. They know them for a fact, and they refuse to hold each other accountable.

Even when things happen - and this is a big issue that no one ever addresses- when bishops are found guilt and resign (O'Connell,for example), bishops never publicly decry their behavior. NEVER. They get prayers (which is good), but they don't give any indication to the world at large that a fellow bishop driving his diocese to bankruptcy, killing a guy while he's driving, settling a sexual harrassment suit from his male communications director (Lynch..still ensconced in Florida) or actually sexually abusing young men - is a problem. Nothing.

Nada.

Meanwhile they scold US as well as the culture at large for everything from immigration policy to...immigration policy..but they can't publicly say, "Bishop O'Connell disgraced the priesthood and the episcopacy."

The day they start doing that, we'll know we've made progress.

But it's never going to happen.

Rod Dreher
April 24, 2008 12:58 PM

And in your response we have the key problem with your approach: replacing the central call of the Christian (charity) with emotion, and flinging it back in my face with a call to anger.

Charity to whom? Can we have a little charity to the families of the faithful whose children were molested? Can we have a little charity to the laymen who are seeing their churches and other parish assets sold off to pay the buggery bill because the bishops failed? Can we have a little charity to the good priests and laymen who are now put under onerous suspicion, "Safe Touch" programs and all that, while the bishops, who are chiefly responsible for this disaster, suffer nothing?

Clericalism is not the same thing as charity.

Ecce Doofus
April 24, 2008 12:58 PM

Mark Shea repeatedly and conveniently, but falsely, characterizes the whole of Rod's concern as "Stroke of the Pen governance of the Church." On his blog today he refers to discussions on Crunchy Con as follows:
"At the end of the day, "Matt Abbott hears through the grapevine..." is not going to be sufficient grounds for Stroke of a Pen governance of the Church." Does that seem honest and in good faith to y'all???

Mark, can you let that catchphrase go and listen to what Rod is actually saying? You can go on forever referring to "Stroke of a Pen" and arguing ecclesiology, but is it your position that the Popes have done everything they possibly could have, and said everything they possibly could have, within your perception of their proper role, to bring errant bishops into line. or to show the laity that they cared about the bishops' roles in this?

Consider the closing paragraph of Mark's Wednesday column on Inside Catholic:
-----
But that's not what people now mean by the phrase "nothing has been done." What they mean is that they do not have the sense that sufficient vengeance has been wreaked on bishops. Well, if there is legal vengeance to be wreaked, that's up to us laypeople, innit? But we have not done so, apparently because we don't have a case. So we hope that Benedict will do something or other to wreak that vengeance for us and we take it out on him for not doing our job. I think that's kinda crazy. I don't want a Church that is all about vengeance. I much prefer a Church that is about mercy.
-----
Talk about a false dilemma! How about a Church -- and a Pope -- that is willing to do something about protecting youth from rape; saving from hell the souls who cannot stomach the corruption and deceit and therefore abandon the faith; protecting seminarians from being sexually harassed and exploited by their own bishops; or protecting priests from the scandal of having to obey a morally bankrupt bishop? This is not about vengeance, it's about, as Rod said, sins that cry out to heaven, and corruption that suffocates the Gospel, and scandal that leads souls to hell! And we're supposed to wag our tails because the Pope had the [] to say that "things were badly handled." Excuuuuse me if that seems to be egregiously too little and too late.

Let me say again, I don't care whether a bishop can be un-bishopped, or even re-assigned. How about a mere Vatican INVESTIGATION of a bishop? How about a statement from Benedict saying he's not only ashamed of the scandal, that he's ashamed of specific bishops and their behavior? Is that really too much to ask? Is it?

Erin Manning
April 24, 2008 1:28 PM

"...and the bishop is seriously culpable..."

If I were a lawyer, Rod, I'd probably say that you're assuming a fact not in evidence.

I've seen some letters from victims' families. It's amazing that often they write something about the psychological treatment the priest-abuser is undergoing or has undergone. Granted, we know now that the psychological rehabilitation of pedophiles (and ephebophiles? Do we know?) is an extremely chancy business with almost no success rate to speak of, but to pretend that everybody, especially bishops, knew that in the past is not a sound thing to do.

I tend to think that the bishops, in a rather misguided and certainly dangerous way, made assumptions about abuser-priests based on what they knew of similar situations involving heterosexually active priests, and acted accordingly. Unfortunately while it may make perfect sense to send a priest who has behaved unchastely with an adult and consenting woman to a parish away from her (should he seek repentance instead of asking to be released from his vows, that is) it makes no sense at all to do the same thing for a priest who has abused minors. But we know a lot more about child molesters now than we did even five or ten years ago.

In a way, insisting that bishops *should* have known what we do now is a bit like the rather ugly attitude I've sometimes seen, which says that parents who were "stupid" enough to let their children stay the night at a rectory in the company of a priest were culpable in their own child's abuse. Yes, we know NOW that letting one's sons go on sleepovers with Father was a really, really bad idea, but would any of us look a victim's parents in the face today and say, "It's your fault. You should have known better. What kind of healthy adult man spends so much time, money and attention on a teenage boy if he *isn't* a pervert?" Of course we wouldn't--but aren't we doing the same thing to the bishops, demanding that they be held accountable for behavior that we know NOW was always ineffectual and usually stupid, but that people even ten years ago may have believed, however shortsightedly, was the right course of action to take?

If some of the bishops were evil, we have to prove it. That most of them were more or less stupid about this is pretty apparent. But if bishops ought to be removed on the grounds of stupidity, we won't have very many left.

One final thought, Rod--why is it a good idea to move a bishop to a smaller see as punishment? How is that fair to the Catholics in the smaller diocese, who probably rely more on their bishop than Catholics in huge archdioceses with auxiliary bishops? I know a lot of people in small-town Texas would be pretty disgusted if the usual way of dealing with incompetent DISD officials, for example, was to send them to rural towns to run their schools as "punishment" for their alleged misdeeds. Why should the people of the small town (or small diocese) be the ones being punished?

Max Schadenfreude
April 24, 2008 1:45 PM

FTR: Holding people accountable for their wrong doing IS charity.

CTrent1564
April 24, 2008 2:01 PM

I have raised the question before as to why is the Catholic Church the only one that gets to be the one who is always the subject of 1) TV Media, 2) Blogs, 3) talk Radio, 4) Print media etc, etc. and thus the only Church that ever gets a headline in blogsphere. In a previous thread on this matter, I cited an artice from Christianity today posted on 4/4/2008 which stated, and I quote

"In the last three years, a average of 23 new articles each day have appeared in secular media sources revealing sexual abuse allegations arising in Protestant Churches in the United States. Protestant Denominations have been tempted to call sexual abuse a 'Catholic problem'; this simply is not true. Within the past eight years, verdicts, judgements or 'settlements' exceeding hundreds of millions of dollars have been levied against Protestant churches for sexual abuse allegations arising from children participating in minstry programs."

Now, based on my calculations (23 a day * 365 days * 3 years), this results in 25,185 sexual abuse allegations among Protestant confessions. Now, I am aware that Protestantism is split among hundreds of groups in the U.S., but even if you use a conservative number of say 600 distinct Protestant church communities, that is an average of 42 allegations per group. Furthermore, since the largest Protestant confession in this country is the Southern Baptist, with about 15 million members, the per capita numbers for the majority of Protestant confessions may be larger than the Catholic Church. For those of you interested, I have posted the link from Christianity Today (an evangelical Protestant publication), who ran the story.

http://www.christianitytoday.com/childrensministry/articles/sexualabuseinthechurch.html

In summary, I leave with the question I posed last week. Why is it that this story is not covered in the major TV media (CBS, CNN, MSNBC, ABC) and major national Print Media (New York Times, LA Times, Washington Post, etc)? I have my beliefs as to why it is the case, but if I post my thoughts, it becomes basically a rhetorical question, and I am interested in what non-Catholics (friendly or anti-Catholic types) have to say. I will give Fox News some credit, as Bill O'Reilly has routinely outed Judges who have failed to even sentence individuals who have "sexually assaulted minors" and given them probation. So on this issue, I give Fox news some credit for covering the story for what it is, a moral crisis in the country, that is impacting americans in every sector of society.

God Bless and regards

Rick
April 24, 2008 2:11 PM

This whole discussion assumes that, prior to the eruption of the Scandal, the Holy See opposed the reassignment of molesting priests, and sheltering such priests from civil law.

Is there any reason to suppose this is true?

Isn't it more likely that Cardinals like Law retained their positions, not because John Paul II and previous Popes had an Orthodox eccclesiology or were unaware of what was going on — but because Law and others were doing what was expected of them? Namely...

1. Acting to prevent scandal (in the short term)
2. Preserving the Church's independence from civil law enforcement (in the short term)
3. Protecting the Church from civil lawsuits (in the short term)
3. Respecting the indelible nature of priestly ordination, by trying to salvage the ministry of the offender?

No doubt Law and other bishops were expected to make an effort to see that offenders did not reoffend...but it seems until recently, this was a lower priority than #1 - #4 above.


E. B.
April 24, 2008 2:20 PM

Wow! First the excuse for malfeasant bishops was " We believed the psychologists who thought the bad priests could be rehabbed". Then it was " We didn't know child abuse was that bad" (!). Now Mark Shea wants us to believe that church ecclesiology prevents the Pope from acting against bishops , even where there is direct evidence that they knowingly moved perpetrators around. Some things never change, and many Catholics still want to defend the Church regardless.

Sigalaris was right when he commented above : "They just don't care!".
That pretty much sums it up for me.

Ecce Doofus
April 24, 2008 2:33 PM

Erin,

Rod is not suggesting a bishop be reassigned to a smaller diocese, but to a titular position. He is referring to what happened with French bishop Gaillot. Bishop of Evreux from 1982 to 1995, he was censured by the French bishops for controversial statements & activism. Ultimately he was summoned to Rome, and the prefect of the Congregation for Bishops offered him the choice to resign or to be reassigned from Evreux to the titular see of Parthenia. From wikipedia: "The See of Partenia, now located in the desert of Algeria, has not existed in reality since the 5th century when it was in Mauritania. This function is a kind of sinecure with no pastoral responsibilities." He opted for reassignment. A great controversy ensued, and Bishop G continues his provocative "virtual" ministry.

Rod Dreher
April 24, 2008 2:43 PM

One final thought, Rod--why is it a good idea to move a bishop to a smaller see as punishment?

I should clarify: that's not what I meant. Move them to a *titular* see. When John Paul got fed up with Bp Jacques Gaillot, he transferred him to the (no longer existing) diocese of Partenia. He got to remain a bishop, but his see was only titular.

Ecce Doofus
April 24, 2008 2:45 PM

Erin,

How many tries should bishops have given a serial child molester, regardless of psychologist's advice? If the priest was sent to treatment and given a clean bill of health back then, sure, go ahead and reassign him, given the ignorance about recidivism back in the day. Then he rapes two more children, in the most despicably exploitative context. How long should it have taken a bishop to realize there was an ongoing problem that was leaving a trail of damaged souls in its wake? But then to keep on moving the priest around, lying to parents about "taking care of it," not telling the new parish that supervision was needed, and allowing the priest to continue to train the altar boys and run the Boy Scouts. Is that stupidity, or something else? Is that respect for the charism of sacred orders, or something else? If that priest then raped your son or daughter, would you bop yourself on the head and say, "Dang, that bishop is being suuuch a goofball about this!"

Zak
April 24, 2008 2:47 PM

Erin,
He wasn't assigned to a smaller diocese, but to a titular diocese typically reserved for auxilary bishops (probably somewhere in Algeria or Lybia where there isn't an actual church presence).

I personally think it would behoove a large percentage of the US bishops to submit their resignations to the Holy Father, and it would be of great benefit to the church if they were accepted. I understand the hesitancy - the concern of scandal - the undermining of the faith of Catholics in the ecclesiology of the church (ie. the bishops are the successors to the apostles) if multiple cardinals, numerous archbishops, and a multitude of bishops resigned. And who would replace them? They're taking a long time to appoint bishops now, supposedly because they are having trouble finding good candidates.

And I don't blame them. My best parish priest, who was orthodox theologically, a great homilist, good confessor and counselor, good organizer of the campus ministry at my grad school, turned out to have had a relationship with at least one seminarian years before and then had to resign. Before that happened, I thought, "surely this man will be a bishop." Ou whole parish was shocked when the local newspaper broke the story about his past, and was very sympathetic towards him while disapproving of his previous conduct. When he resigned, he said that he had undergone treatment after the past incident (which the diocese was aware of and for which it had removed him from the seminary) and had been celibate since then. Was he telling the truth? I think so. But how should his case be dealt with? And how many more people like this are in the priesthood, potential bishops who are also potential blackmail candidates?

JohnMcG
April 24, 2008 2:53 PM

Let's remember how this thread started -- Dreher suggested that since Benedict was proceeeding with laicizing a Paraguayan bishop for running for and assuming an elected government position (at that bishop's request), then he should also laicize Cardinal McCarrick assuming that the allegations against him for sexual misconduct and harrassment of priests and seminarians is true.

Once Mark and others demonstrated why this is a completely different case, Mr. Dreher posts Eric Patterson's suicide letter.

Now, to the topic at hand, what exactly would laicizing McCarrick do for the Patterson family? While the behaviors McCarrick are accused of are certainly unbecoming a bishop and destructive, they do not directly have to do with the sexual abuse of minors. They contribute to the culture of tolerance for sexual misconduct from clerics, but there is not a direct line from what McCarrick is accused of to what Father Larson's abuses.

To play Mr. Dreher's game, if my daughter committed suicide because she was raped, I would deeply resent a commentator using her suicide note to pursue an agenda that is only tangentially related to what happened to my daughter.

Perhaps, if McCarrick is indeed laicized, Mr. Dreher can go to the Pattersons to be congratulated for his work on their behalf, and that this should make everyhing all better. Something tells me that would get as cold a reception as if we were to carry out his suggestions on what to tell the Patterson family.

Ecce Doofus
April 24, 2008 3:09 PM

Rick,

I appreciate the possible explanations in your 2:11 post. The problem is, how are we supposed to believe the priorities have changed, when the U.S. bishops elected Cardinal Francis George their president, so closely following his having facilitated four more raped children by ignoring the bishops' own policy, and the advice of his own diocesan review board that the priest should not continue in ministry? Regardless of what talents and faithfulness the cardinal brings to the position, what signal does it send to elect him national president?

Caroline
April 24, 2008 3:43 PM

There is no reason whatsoever that we as individuals cannot write personal checks to any charity supported by the annual Appeal. You just pick your charity and do it.

As to each diocese being required to send some money to the Holy See each year for its upkeep beyond Peter's Pence which is the Pope's charity purse, all I can say is that this is one of the purposes of the Annual Appeal as it has been explained me to me in one of the annual explanation pamphlets. Just as the parishes in a diocese must meet their assessments so must the dioceses throughout the world meet theirs.

JohnMcG
April 24, 2008 3:52 PM

"Tell X to the parent whose child was molested by a priest and just committed suicide," could be used to discredit just about any "X." That the explanations offered for the hierarchy's past and present behavior are among the X's that would be unsatisfying to a family torn apart by clerical sexual abuse is not in itself proof that those explanations are invalid.

Mark Shea
April 24, 2008 4:00 PM

The basic problem with the appeal to Gaillot is... that he'a about all there is to appeal to. That, again, suggests that the whole "Pope let us down" analysis here is failing to take into account some rather salient facts about just how free the papacy regards itself to go around bumping off bishops. The key here is not that Gaillot got exiled to Partenia. The key here is that *only* Gaillot got exiled. It's a vanishingly rare occurrence. Hell's bells, even Milingo was labored over for years.

People can play shoot the messenger all they like with me. But I'm just pointing out the facts as near as I can make them out. Both Benedict and John Paul appear to regard themselves as not being in a position to run around kicking out bishops. They have resisted it even when the bishop has begged to resign (Law) and begged to be resign and be laicized) (the Paraguay case).

Why that might be is open to question. My strong suspicion, based on what I know of them and of Catholic ecclesiology is that the roots are theological and based in their conception of the sacrament of Holy Orders and the office of the bishop. One can say, "Screw that!" However, one cannot say "Screw that!" and remain coherently Orthodox since the Orthodox are even *more* bent on episcopal autonomy unfettered by a Constantinian Pope than we Catholics are. The thing is, even in the Catholic communion such a vision of the papal office is a fantasy and has been for a very long time.

My purpose in pointing all this out is that I think prudence--the firm grasp on what is actually going on rather than the demand to cling to a fantasy of what we think is or should be going on--is the first step to healing the Church. Until we have a bead on why the Pope does what he does, we are simply arguing with a phantom Pope about phantom motivations.

Mark Shea
April 24, 2008 4:44 PM

Diane:

The notion that "This whole thing comes down to SOUR GRAPES, period." is unutterably stupid. The suggestion that Rod thought to himself, "Damn that Pope for having a successful visit to the US! I hate his popularity because I'm jealous! I must do something to destroy him because *my* bishop was not standing on that White House lawn and celebrating those big Masses! Ah! I know! I will exploit the suffering of abused children! That will even the score!" is beyond contemptible. You should be ashamed or yourself for saying it and you should be even more ashamed of yourself for actually believing it.

God knows I think Rod is mistaken in much of his take on the Scandal. But I don't believe for a second that his motivation here is some sort of demented Orthodox point-scoring game prompted by the success of Benedict's visit. The fact that you do suggests that, really, you need to take a long rest from Dreher-hatred and recover yourself.

Rod Dreher
April 24, 2008 4:47 PM

Thanks Mark -- I've deleted the demento-bot Diane's posts, as usual. And I think I'm going to punch my timecard out of this discussion. You and I have made our customary points. See you at the bar for a beer -- it's Miller time!

TRP
April 24, 2008 4:54 PM

There's also the Archbishop Paetz case. He resigned, but there the pressure came from the local Church. This, I think, is how the new ecclesiology mentioned by Mark Shea is supposed to work, with the local church (in particular, the national bishops' conference) taking the lead. I know that there has some effort, by those determined to see no good in the current Church, to explain away the Paetz case with the very speculative and ad hoc claim that JPII really didn't want to acept Paetz's resignation, and that some close friend had to intervene, etc.; but the important fact is that, in the end, Paetz was removed. The USCCB, which is the brainchild of enthusiasts of the new ecclesiology, on the other hand, has created a system and an ecclesial culture that is, structurally speaking, far worse than what existed even in the days when bishops were immune to civil prosecution. Their standard now is: if a bishop hasn't been found guilty of a crime (as was the vile Bishop O'Brien, for example), he is not to be removed. The Church simply cannot rely on the state to investigate accusations of criminal activity against bishops.

I'm glad to hear that things are working out well in the OCA. The removal of a bad bishop is a blessing to the OCA. However, the Orthodox system doesn't work as effectively everywhere in the world. And even the current Catholic system has worked out better elsewhere in the world--e.g., Poland. I agree with you that something must change because bishops like Mahony continue to disgrace the Catholic Church.

There is a stench of sulphur to the pedophilia scandal. The priests and bishops responsible were not operating in persona diaboli. It's not surprising that the Church established by Christ should be the main target of His vanquished adversary.

TRP
April 24, 2008 4:57 PM

correction... should be "WERE operating in persona diaboli..."

Erin Manning
April 24, 2008 4:59 PM

Thanks for the clarification re: titular sees, but let's be honest, here: 1. How many are there, anyway? Enough to get rid of all the bishops we think ought to be thrown out? and 2. Wouldn't the outcry then be, a la Law, "Oh, sure, send Bishop Bad Guy to a cushy retirement! Meanwhile the victims are still suffering!" etc.

Satisfying as it might be to envision row after row of pleading, groveling bishops and cardinals being summarily stripped of their offices and clerical states for not having done what in hindsight it seems obvious in hindsight they ought to have done, I'm more than a little afraid that the spirit behind this is one very much at odds with Hebrews 10:26-31.

Erin Manning
April 24, 2008 5:03 PM

Sorry about the "in hindsight" repetition--that's what I get for typing and looking up Bible passages while on the phone.

Mark Shea
April 24, 2008 5:08 PM

This, I think, is how the new ecclesiology mentioned by Mark Shea is supposed to work

Except, of coure, that it's not very new. To hear the Orthodox tell it, it's the old ecclesiology.

See you at the bar for a beer -- it's Miller time!

Not to literal-minded: Rod's in Dallas, I'm in Seattle.

G'night, Ralph. (Ka-chunk).

PatrickW
April 24, 2008 5:51 PM

There are plenty of titular Sees to go around. My understanding is that a bishop without a see, even if it is only titular, is not a bishop at all. Hence every auxiliary bishop is assigned to a titular see, as are the many bishops who work in the Curia, nuncios, etc. Not sure what happens with retired bishops but I would guess they get a titular see as well.

mdavid
April 24, 2008 8:19 PM

aaron, WWJD? I foresee whips, tables, temple, and money.

Erin, Aaron, who said it was Pope Benedict's job to clean up Las Vegas?

Erin, that's good. Too good!

I think you need to take your own advice about daring to opine on Rod's Catholic posts. Look what it's doing to you already :-)!

Kris
April 24, 2008 8:57 PM


For those who would say that the scandal basically has two components: pedophile priests AND bad bishops:

You forget the treatment of the day. Ah yes, hindsight is usually 20/20. People forget that diagnosis/treatment(punishment) and then "freedom" was and still is the usual track taken. The "people on the street" were much more savvy than most ecclesial authorities of that time and THEY did nothing. Does anyone know the number of predators who HAVE gone through the secular system, received "treatment", and then have been allowed out into the free world? Sound familiar? Apparently they are everywhere and WITHOUT supervision. Instead the answer is "put the burden for protection on the children". And...if the media that has been so applauded for bringing the mess to the public would ever have the guts to report accurately instead of protecting the very lifestyle that gets anointed by them in their "style" sections and condemned under the disguise that "these types" are only hatched by one institution's failures, that also would go a long way to cleaning up the entire culture. I think this whole big scene was what the Pope spoke to - pornography/entertainment/media/hypocritic-schizoid culture, etc. It would appear that the recommendations that certain Church authorities followed at the time are the same today and living well in our schools, social work institutions, entertainment, courts and recreation clubs. Now, why don't the mayors and governors just de-badge the cops, dis-bar the attorneys, dismiss the judges, take medical licenses away from the mental health doctors and their assistants, and arrest those too close to the situation/victims to come forward? I suppose they too learn an awful lot through their now 20/20 hindsight errors but just don't know what to do about it...and even with all their laws.

All you folks who scream about the authorities not taking action and YOU have concrete facts to bring forward and so far haven't presented them? It's got to be more than hearsay. Then do it or you are no better than the cops, social workers, press, family, friends who also point only to the authorities to act but won't provide them with the actual basis for such action. If you won't or can't then it appears only as talk/rumor/gossip. Authorities can't act without real evidence. In the case of this Paraguayan bishop, the evidence is publicly visible/documented/acted upon...so obviously the Pope CAN do something.

meh
April 24, 2008 10:17 PM

Mdavid, do you think, in a rough analogy to the evolutionary advantage of a patriarchy, that a gay lavender mafia of bishops and cardinals has a built in advantage to take over and dominate the Catholic Church?

meh
April 25, 2008 8:06 AM

"How, specifically? The theory would interest me."

Well, generally, I would think of the strong need for secrecy and the strong incentive to promote their own kind within the power structure.

meh
April 25, 2008 9:16 PM

"Then again, that would work for any group wishing to exploit a such an isolated, bureaucratic system to promote its own ideological agenda or take it over completely. Can you please make some more connections specific to the alleged evolutionary advantage of patriarchy?"

I wasn't kidding when I wrote "rough analogy". No, I can't make any more connections specific to the alleged evolutionary advantage of patriarchy. The evolutionary advantage of a patriarchy is mdavid's speciality, that's why I addressed the question as such to him. Here is an mdavid post from the following thread on "Modernity is a virus":
######################################################################
"Berlinski said nobody really understands why fertility falls off a cliff when people fully embrace modernity."

I agree with a lot of what David said, but would add:

1) We know what causes modernity to stop breeding: lack of patrarchy and lack of religion. Compare people from any tribe in the world, say TFR=1 versus TFR=4, and the difference will always be religion and feminism. This is a no-brainer, and I'm constantly amazed at how white Europeans are so conceited they can't get past the fact not everyone is going to follow them down the memory hole.

2) We cannot look at the past to predict the future, but we can look to science for how things work. Fact: genetic diversity and low TFRs amongst ample resources is a violation of natural selection. It can not happen for long. Somebody will soon find a way to breed and fill the environment to capacity. Natural law, baby. And we see it going on right now, with pockets of high fertility all over the place, always following the same pattern of religion and patriarchy.

3) An example here: the (very smart) blogger Epigone took the Pew Religious Survey data and backed out the demographic data to show how religion effects one's odds of having children. Each received a "propagation score":

(Rank) (Religion) (Score)
1. Mormon 16.1
2. Muslim 5.0
3. Catholic 3.6
7. Greek Orthodox 0.6
8. Protestant (Evangelical) 0.5

(Really negative, death ahead!)
14. Atheist -2.3)
15. Non-Greek Orthodox -2.7
16. Agnostic -3.4
17. Secular (Unaffiliated) -3.8
20. New Age -5.1

So it's foolish to look at an overal TFR=2 and assume it will stay that way. Over ten or so generations, the TFR will start to creep up. God is clever, but not malicious.

Posted by: mdavid | April 23, 2008 8:08 PM
#######################################################################

meh
April 25, 2008 9:24 PM

"Then again, that would work for any group wishing to exploit a such an isolated, bureaucratic system to promote its own ideological agenda or take it over completely."

I will say that I think a gay cabal is being driven more by biology than ideology to take over such an isolated, bureaucratic system.

TRP
April 26, 2008 11:09 AM

Rod,

We can find the answer to your "what's next on McCarrick" question in the wikipedia article on the good cardinal:

"On May 16, 2006, Pope Benedict XVI accepted the resignation of Cardinal McCarrick as Archbishop of Washington, DC, upon the latter's reaching the customary age limit...On 12 March 2007 it was announced that Cardinal McCarrick will become a Counselor at the Center for Strategic and International Studies.

The Pope does not have authority over the CSIS, which means that the petition for McCarrick's removal from office has been sent to the wrong address.

ASimpleSinner
April 26, 2008 9:34 PM

"Non-greek Orthodox" = all (Byzantine) Orthdox Christians outside of the GOA?

The numbers have looked bad (for those with the interest in looking at REAL numbers, not the "pulled out of the sky" statistics offered by some honesty-challenged party at the OCA 1f 1.03M)... But YIPES! The handfuls of new converts need to start making some babies (STAT!) and just ignoring the whole OCA website telling them that birth control (apparently even abortifacients) are just a personal decsions...

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About Crunchy Con

Rod Dreher is an editorial columnist for the Dallas Morning News, and author of "Crunchy Cons" (Crown Forum), a nonfiction book about conservatives, most of them religious, whose faith and political convictions sometimes put them at odds with mainstream conservatives. The views expressed in this blog are his own.

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