Developments In Two Diocese Bankruptcies

There have been developments this week in bankruptcy proceedings of two different Catholic dioceses.  RNS reports that the Archdiocese of St. Paul and Minneapolis has filed a revised plan under Chapter 11 offering to pay $132 million to settle nearly 450 child sex abuse claims asserted against its clergy.  Lawyers for the claimants, however, say that the offer is far too small.

Meanwhile in New Mexico, the Diocese of Gallup has been prevented from finalizing its exit from bankruptcy because of a new suit filed against it by Sisters of the Blessed Sacrament, a religious order that founded St. Michael Indian School in Arizona.  According to Tuesday's Alamogordo Daily News, a new suit against the Sisters of Blessed Sacrament claims a woman was sexually abused at the school by a Franciscan friar. The Sisters have in turn filed suit against the Diocese of Gallup.

Priest's Anti-Abortion Video Raises Questions On Limits For Advocacy

On Sunday just ahead of Tuesday's presidential election, Rev. Frank Pavone, national director of the activist anti-abortion group Priests for Life, posted a live video on Facebook which, as reported by the Washington Post, "raised questions for some about what is appropriate antiabortion and political activism in the church."  The video in which Pavone endorsed Donald Trump for president because of the anti-abortion Republican platform showed an actual aborted fetus on the altar. Pavone said the fetus was given to him for burial by a pathologist. In a post on the blog of the Archdiocese of New York, a spokesman strongly criticized Pavone, saying in part:

A human being has been sacrificed and the altar of God has been desecrated, all for politics. Everyone who respects the dignity of every human person should reject and disavow this atrocity.

A post on Friendly Atheist blog includes a link to Pavone's full 44 minute video.

Brazilian Court Awards Damages Against Priest Who Prevented An Abortion

Life Site News reported yesterday that Brazil's appellate court, the Superior Tribunal de Justiça, has ruled in favor of a couple that brought suit against an activist Catholic priest who in 2005 convinced a court to halt an abortion sought by the couple.  The parents had sought a court order to permit the abortion when it became clear that the fetus suffered a severe deformity. Fr. Luiz Carlos Lodi da Cruz, at the time a law student, intervened and successfully sought habeas corpus on behalf of the fetus. Ultimately the child died eight days after birth. The appellate court, in awarding the parents damages equivalent to $18,537 (US), held that the priest had recklessly abused the legal process, causing useless suffering and intense moral damage to the parents.

Louisiana Supreme Court Says No Mandatory Reporting of Abuse Discovered In Confessional

In Mayeux v. Charlet, (LA Sup. Ct., Oct. 28, 2016), the Louisiana Supreme Court held that under Louisiana statutes Catholic priests when administering sacramental confession are not "mandatory reporters" of child abuse. Therefore the provision in La. Child. Code art. 609 that eliminates a defense of privileged communications in some instances for mandatory reporters does not eliminate protections for priests.  The court concluded:

Because the provisions of La. Child. Code art. 609 speak only to “mandatory reporters,” a priest when administering the sacrament of confession has no duty to report any confidential communications made during the confession that, by the tenets of the Roman Catholic Church, he is authorized to hear and is also duty bound to keep confidential.

(See prior related posting.)

Court Allows Suit Against Catholic Order and Diocese Over Pedophile Priest To Continue

In Doe v Congregation of the Mission of St. Vincent De Paul in Germantown, (Queens Cty. NY Sup. Ct., Sept. 13, 2016) a New York trial court in a decision published only this week refused to dismiss negligent hiring and retention, negligent training and supervision, and fraudulent concealment claims against the Vincentian Order and the Roman Catholic Diocese of Rockville Centre. The suit revolves around a priest, Augusto Cortez, who in 2009 was placed on 6 years' probation under a Personal Safety Plan administered by the Vincentians after he pleaded guilty to forcible touching of a 12 year old Brooklyn girl. Plaintiffs in this case allege that Cortez abused their young daughter beginning as early as 2009 (when she was 2 years old) and continuing until 2014 when the abuse was discovered. Cortez fled the country after being questioned by police about the allegations. A New York Times report when the suit was filed in 2015 elaborates:

After [Cortez's] arrest in 2008 ... the plaintiff’s mother sought the counsel of a priest of Mr. Cortez’s order who worked at a parish church in the Diocese of Rockville Centre. He told her that whatever had transpired between Mr. Cortez and the girl in Brooklyn “was just an accident”.... The girl’s mother accepted the priest’s interpretation, the lawsuit said, and “believed it was safe for her and her family” to continue their friendship with Mr. Cortez, who, like the girl’s parents, are from Guatemala.

Complaint Filed Against Catholic Hospitals Over Refusal To Perform Sterilizations

The ACLU announced yesterday that it has filed an Administrative Complaint (full text) with the Department of Health and Human Services Office for Civil Rights against Ascension Health challenging its reliance on the U.S. Conference of Catholic Bishops Ethical and Religious Directives for Catholic Health Care Services. Specifically the complaint contends that the refusal by a Michigan hospital to perform sterilization (tubal ligation) during childbirth amounts to pregnancy-related discrimination. The Affordable Care Act prohibits discrimination on the basis of sex in any health care program or activity receiving federal funds. An ACLU press release announced the filing of the complaint.

Vatican Close To Agreement With China On Appointment of Bishops

Reuters reports today that the Vatican and the government of China are close to reaching an agreement on ordination of bishops. This would end a 60-year dispute over the authority of the Vatican in which the Chinese Communist Party has appointed bishops who often are not recognized by Rome while an underground Catholic Church continues to be loyal to the Vatican.  The Vatican may be set to recognize 4 of the 8 disputed bishops appointed by China. Of the other 4, two have children or girlfriends, and two head dioceses where there is a competing Vatican-appointed bishop. Pope Francis has made the negotiations with China a priority.  The agreement under discussion would allow local clergy to choose bishops, with the Pope making the final appointment and having a veto over the choices.  A large number of vacancies currently exist in dioceses in China.  The Vatican hopes that an agreement will also lead China to recognize the 30 bishops who currently refuse to be part of the government's Chinese Catholic Patriotic Association. [Thanks to Scott Mange for the lead.]

Denver Archbishop Reflects on How a Catholic Should Vote in 2016

Last week, Denver Archbishop Samuel Aquila posted a lengthy discussion on the Archdiocese's website titled Voting as a Catholic in 2016: How Should a Catholic Vote. Recounting a dinner conversation he had recently had with a group of Catholics, Aquila said in part:

All pretty much agreed that, when it comes to life issues, Catholic politicians on both sides of the aisle have put party ideology before their faith and living their faith in the public square.

The Archbishop's comments focused primarily on issues of abortion, the Obamacare contraceptive coverage mandate and Proposition 106 on the Colorado ballot to legalize physician assisted suicide.

New York Archdiocese Creates New Victim Compensation Fund

AP reports that on Thursday New York's Catholic Archbishop, Cardinal Timothy Dolan, announced a new compensation alternative for victims of clergy sex abuse.  The Archdiocese has established a new fund that will be administered by attorney Kenneth Feinberg who managed the federal 9-11 compensation fund.  For those who received compensation, records of the abuse and the Church's response to it will remain private unless disclosed by the victim. Those with pending abuse claims will have until Jan. 31 to apply for compensation.  Beginning Feb. 1, victims who have not yet filed claims will be able to apply to the fund. [Thanks to Tom Rutledge for the lead.]

Catholic Order Sued For Release of Records of Abusive Priests

AP reports on a lawsuit filed in Cook County Illinois Circuit Court on Monday against  a Chicago-based religious order, the Claretians Missionaries, seeking release of all records relating to allegations of abuse by any of its priests.  The suit was filed by Eric Johnson, a 51-year old Colorado man who says that he was abused over 40 years ago by a 15-year old boy, Bruce Wellems, who later became a prominent Claretian priest known for his work with at-risk youths. In the 1990's the Claretians promised Johnson that they would closely monitor Wellems and not allow him access to children unless another adult was present.  Johnson filed suit when the Claretians did not follow through on that promise.

New Guam Law Lifting Abuse Limitation Period Will Likely Force Archdiocese Into Bankruptcy

AP reports that Guam Governor Eddie Calvo on Friday signed Substitute Bill No. 326-33 (full text) which retroactively eliminates the statute of limitations for civil suits alleging child sexual abuse. Passage came after abuse allegations were leveled against Guam's Catholic Archbishop Anthony Apuron.  A letter (full text) from the Apostolic Administrator of the Archdiocese of Agana read at mass on Sept. 18 says that he is urging the Vatican to remove Apuron and appoint a successor.  He apologizes to victims, but says that retroactive lifting of the statute of limitations will likely force the Archdiocese to file for bankruptcy.

Court Enters Findings For Priest As Sanction For SNAP's Refusal To Comply With Discovery Order

Last year, St. Louis Catholic priest Xiu Hui "Joseph" Jiang, who had been charged with abusing a boy, but then had charges dropped, filed a federal lawsuit against a number of defendants, including the boy's parents and the victim advocacy group SNAP.  The suit charged SNAP with conspiracy, defamation and infliction of emotional distress. (See prior postings 1, 2).  As reported by the St. Louis Post-Dispatch, Jiang has been attempting through discovery to obtain information on people who had made complaints against him to SNAP.  The court ordered SNAP to produce that (and other) information, but it has refused.  So Jiang moved for the imposition of sanctions under Rule 37 of the Federal Rules of Civil Procedure.  In Jiang v. Porter, (ED MO, Aug. 22, 2016), a Missouri federal district court judge imposed unusual sanctions:

[T]he Court will direct that the facts alleged supporting elements of plaintiff’s claims against the SNAP defendants have been established for the purpose of this action.... 

[T]he Court will direct that it has been established that the SNAP defendants conspired with one another and others to obtain plaintiff’s conviction on sexual abuse charges and that they entered into this conspiracy due to discriminatory animus against plaintiff based on his religion, religious vocation, race and national origin.

Catholic School's Firing of Guidance Counselor Over Same-Sex Marriage Remains In Litigation

In Drumgoogle v. Paramus Catholic High School, (NJ Super., Aug. 22, 2016), a New Jersey state trial court refused to grant summary judgment to a Catholic high school in a suit by its former dean of guidance who was fired after she entered a same-sex marriage.  The school terminated her under a provision of its collective bargaining contract that allows for-cause termination of a tenured teacher for "violating accepted standards of Catholic morality as to cause public scandal." Plaintiff claims that the school's policy on harassment bars discrimination against her on the basis of marital status and claims her firing violates the New Jersey Law Against Discrimination.  The court concluded that further discovery is required in order to determine whether plaintiff's status requires application of the "ministerial exception" to anti-discrimination laws and whether the dispute is secular or ecclesiastical. The Bergen County Record reports on the decision.

Fired Lobbyist Sues Catholic Advocacy Group For Religious Discrimination

Albuquerque Journal reports on a religious discrimination lawsuit filed last Thursday against the non-profit Catholic advocacy group CHI St. Joseph’s Children and against Allen Sanchez, the executive director of the New Mexico Council of Catholic Bishops.  Plaintiff Miguel Gómez worked as a lobbyist and policy advisor for the advocacy group from 2010 until he was fired earlier this year.  Gomez claims he was fired because Sanchez discovered he is not a Catholic, discovered Gomez considers abortion sometimes morally permissible and had encouraged his pregnant girlfriend to have an abortion.  The suit claims that because CHI is not affiliated with the Archdiocese of Santa Fe, it is subject to the prohibition on religious discrimination in employment found in federal and New Mexico law.

Catholic Bishops React To Biden's Officiating At Same-Sex Marriage

As reported by the Washington Post, last Monday Vice President Joe Biden officiated at the same-sex wedding ceremony of two White House staffers.  In a blog post yesterday, three prominent members of the U.S. Conference of Catholic Bishops (including its president) reacted to Biden's action, without referring to him by name.  They said in part:

When a prominent Catholic politician publicly and voluntarily officiates at a ceremony to solemnize the relationship of two people of the same-sex, confusion arises regarding Catholic teaching on marriage and the corresponding moral obligations of Catholics. What we see is a counter witness, instead of a faithful one founded in the truth....

Faithful witness can be challenging—and it will only grow more challenging in the years to come—but it is also the joy and responsibility of all Catholics, especially those who have embraced positions of leadership and public service. 

Ministerial Exception Claim Requires Case-Specific Factual Analysis

In Collette v. Archdiocese of Chicago, (ND IL, July 29, 2016), an Illinois federal district court refused to dismiss an employment discrimination suit brought by plaintiff who for 17 years was employed as the Director of Worship and Director of Music at Holy Family Parish in Inverness, Illinois.  He was dismissed when it was learned he was planning to marry his same-sex partner.  When he sued claiming violations of federal, state and local law, defendants moved to dismiss on the basis of the ministerial exception doctrine.  They argued that he should be seen as a "ministerial" employee based solely on his titles. The court refused to dismiss solely on the pleadings, holding that whether plaintiff is a "ministerial" employee requires a fact-specific analysis.

Penitent May Testify To Her Statements To Priest In Confession

As previously reported, in February a Louisiana trial court held that a plaintiff suing the Catholic Church and a priest can testify that in 2008 she told the priest during confession that she was being abused by a 64-year old parishioner. The Church and the priest appealed, but in a 2-1 decision in Mayeux v. Charlet, (LA App., July 29, 2016) the appeals court affirmed the trial court decision.  However Judge Holdridge dissenting argued:

The statements sought to be excluded were made during the Sacrament of Confession, which is one of the central institutional practices of the Roman Catholic Church. Pursuant to the "seal of confession", a priest is prohibited from revealing anything learned during confession under any circumstance.... The violation of the seal of confession subjects the priest to automatic excommunication.... Accordingly, allowing Plaintiffs to mention, reference, or introduce evidence at trial of the confessions at issue will place an undue burden on Father Bayhi' s right to the free exercise of his religion and violates the constitutional command of separation of church and state. La. Const. art. I, § 8. 

Settlement Leads To Dropping of Criminal Charges Against St. Paul Archdiocese

In St. Paul, Minnesota yesterday, a state trial court held a hearing on the progress so far in implementing a settlement agreement that was entered last December in civil charges brought against the Catholic Archdiocese of St. Paul & Minneapolis by the Ramsey County Attorney’s Office.  The suit filed last June alleged failure to protect children from abuse by former priest Curtis Wehmeyer. (See prior posting.) Also last June the County Attorney filed criminal charges against the Diocese.  As reported by AP, at yesterday's civil hearing the parties announced an agreement to also drop the criminal charges.  In exchange, the Archdiocese agreed to extend the civil settlement agreement to 2020. It also admitted wrongdoing and agreed that Archbishop Bernard Hebda will personally participate in at least three more restorative justice sessions with abuse victims.  In a Letter to the Faithful posted on the Archdiocese's website, Archbishop Hebda said in part:

Today, the Ramsey County Attorney dismissed the criminal charges. More importantly, through our Civil Settlement Agreement, [County Attorney] John Choi and I have committed to a course of action that will keep kids as safe as possible. I am grateful that his office will hold us accountable. Over the past year, we worked with Mr. Choi and his team to define how the Archdiocese can best create and maintain safe environments for children in our parishes, schools and communities. Over the past six months, we have demonstrated our commitment to that path. Today, we humbly acknowledge our past failures and look forward to continuing down that path to achieve those vital, common goals that together we all share.

Suit Challenges Michigan's Attempt To Dissuade Assertion of Religious Objection To Immunizations

In Michigan yesterday, the mother of four children filed a federal lawsuit challenging Michigan's rules regarding exemption from the state's immunization requirements for school children.  Mich. Comp. Laws § 333.9215 allows parents to obtain an exemption from the requirements by presenting school officials a written statement "to the effect that the requirements ... cannot be met because of religious convictions or other objection to immunization." The state Department of Health and Human Services (HHS) in 2014 adopted a rule (R 325.176(12)) requiring that any request for a non-medical exemption be certified by the local health department after giving the parents warning of the risks of their child not receiving vaccines.

The complaint (full text) in Nikolao v. Lyon, (ED MI, filed 7/7/2016), alleges that HHS has furnished local employees with a "Religious Waiver Note" providing them guidance on how to convince those with religious objections to nevertheless allow their children to be immunized. Plaintiff, a Catholic, contends that the Note contains misrepresentations about Catholic beliefs as to vaccination. She alleges further that when she went to the Wayne County health department to obtain certification of her religious objections, employees insisted that she needed to declare what religion she practices, explain her religious beliefs, and engage in a back and forth discussion with the ... nurse concerning her religious objection...." The complaint goes on:

54. Defendants attempted to use Mrs. Nikolao’s beliefs and adherence to Papal authority to coerce her into vaccinating her children by telling her lies about the Catholic faith and untrue Papal statements.

55. In the end ... Defendants refused to give Mrs. Nikolao a religious exemption, requiring her to mask her religious beliefs in the shroud of an “other” objection.

56. This façade on its own violated Mrs. Nikolao’s religion since, as a Catholic, she has a “grave responsibility . . . to make a conscientious objection with regard to those [vaccines] which have moral problems.”

Plaintiff claims that this violated her free exercise rights under the state and federal constitutions, the Establishment Clause and Michigan statutory law.  The Thomas More Law Center issued a press release announcing the filing of the lawsuit.

HHS Sued Over Allowing Catholic Agencies To Limit Health Services To Unaccompanied Immigrant Minors

The ACLU today filed suit in a California federal district court alleging that officials in the U.S. Department of Health and Human Services have violated the Establishment Clause in allowing the U.S. Conference of Catholic Bishops and its sub-grantees to impose religiously based restrictions on the use of taxpayer funds to aid unaccompanied immigrant minors.  The complaint (full text) in ACLU of Northern California v. Burwell, (ND CA, filed 6/24/2016) alleges in part:

1. There are currently thousands of unaccompanied immigrant minors ... in the legal custody of the federal government.... Many have come to the United States fleeing abuse and torture in their home countries; many have been sexually abused or assaulted ....; some have also been trafficked for labor or prostitution....

2. The federal government is legally required to provide these young people with basic necessities, such as housing, food, and access to emergency and routine medical care, including family planning services, post-sexual assault care, and abortion.

3. To provide young people with these necessities, the government ... issues grants to private entities, including a number of religiously affiliated organizations.

4. ... Defendants authorize a few of these religiously affiliated organizations—such as the United States Conference of Catholic Bishops ... and its subgrantees across the country ... to refuse on religious grounds to provide information about, access to, or referrals for contraception and abortion, even if the young person in their care has been raped.

New York Times reports on the lawsuit.