Suit Seeks To Have Archbishop Sheen's Remains Moved To Illinois

Last Monday, the niece of the late Archbishop Fulton J. Sheen filed suit in a New York state trial court seeking to have Sheen's body, which is now buried in St. Patrick's Cathedral in New York City, disinterred and moved to a cathedral in Peoria, Illinois.  Sheen was ordained as a priest in Peoria.  He was the host of a widely watched award-winning television show titled Life Is Worth Living broadcast in the 1950's. Sheen served as Auxiliary Bishop of New York from 1951 to 1966.  He died in 1979.

Sheen is about to be beatified by the Vatican-- a step toward Sainthood.  The Beatification Ceremony will take place in Peoria since Peoria's Bishop Daniel Jenky was the Promoter for the Cause of Sainthood for Sheen.  According to the New York Times, New York church officials object to moving the remains, saying that it was Sheen's personal wish to be permanently buried beneath the high altar of St. Patrick’s Cathedral. They are apparently willing however to allow Sheen's remains to be moved temporarily to Peoria for the Beatification Ceremony, but then returned to New York.  The complaint (full text attached to press release) in Cunningham v. Trustees of St. Patrick's Cathedral, (Sup. Ct. NY County, filed 6/13/2016), contends that:

if Archbishop Sheen knew during his lifetime that he would be declared a Saint of the Roman Catholic Church that it would have been his wish that his remains be interred in St. Mary's Cathedral in Peoria.... St. Mary's was the church he attended with his family as a youth and where he made his first Holy Communion.

(See prior related posting.) As an aside, perhaps reflecting a deficient spell check program, the complaint (as opposed to the press release attached to it) consistently refers to Sheen's upcoming "Beautification" rather than "Beatification."

Catholic Publisher Must File Reports With AG Under New Hampshire Law

In Attorney General, Director of Charitable Trusts v. Loreto Publications, Inc., (NH Sup. Ct., May 27, 2016), the New Hampshire Supreme Court held that a non-profit publishing house and bookseller of Catholic literature is a "charitable trust" under New Hampshire law and thus is required to register and submit annual reports to the state Attorney General's office. The court interpreted the reporting exclusion in NH RSA 7:19 for "religious organizations" to apply to organizations classified by the Internal Revenue Service as "churches" under the federal tax code.  According to the court, "Loreto conducts no religious services, has no congregation, and provides no religious instruction." While the exemption also applies to integrated auxiliaries of religious organizations, Loreto is not integrated auxiliary of the Catholic Church either.

Same-Sex Couple's Newest Battle Is With Catholic Cemetery

NewNowNext and Advocate reported yesterday that Greg Bourke and Michael De Leon, a same-sex couple who were among the plaintiffs in one of the same-sex marriage cases decided by the Supreme Court along with Obergefell v. Hodges, are now at odds with a Catholic cemetery in Louisville, Kentucky. The couple, who have been together for 34 years and members of Our Lady of Lourdes Parish for 28 years purchased a joint burial plot in Saint Michael Cemetery. However the cemetery has refused to approve the headstone design which the couple submitted.  It features their names, interlocking wedding bands, a cross and a depiction of the U.S. Supreme Court building.  A letter from the cemetery informed the couple that it could not approve depictions of wedding rings and the Supreme Court on the headstone because this conflicts with teachings of the Church. In 2015, National Catholic Reporter named Bourke and De Leon "persons of the year" for "their historic roles as plaintiffs in Obergefell v. Hodges and for their faithful public witness as gay Catholics."

Court Allows Challenges To NJ Law On Sale of Headstones To Proceed

In Roman Catholic Archdiocese of Newark v. Christie, (D NJ, April 29, 2016), a New Jersey federal district court refused to dismiss some of the challenges by the Catholic Archdiocese to a New Jersey statute making it illegal for religious groups that operate cemeteries to also sell monuments or private  mausoleums.  The court held that, even though the statute is subject only to rational-basis review, it is premature to dismiss claims that the law violates the equal protection and due process clauses of the U.S. Constitution.  The court did however dismiss plaintiffs' contracts clause and privileges or immunities clause challenges. The statute was enacted last year (see prior posting) after the Archdiocese went into competition with for-profit monument makers. New Jersey Law Journal reports on the decision. [Thanks to Steven H. Sholk for the lead.]

Suit Challenges District's Definition of Catholic Schools

Wisconsin Watchdog reports that a state court lawsuit was filed last week claiming that Wisconsin's Friess Lake School District infringed the religious freedom of 3 students when it denied them free transportation to St. Augustine School, an independent school that teaches Catholic doctrine. Under Wisconsin law, public school districts are required to provide transportation for students in religious schools who live more than a mile away from the school in their attendance zone.  If there are multiple religious schools in a district, they must create their own non-overlapping zones. Friess Lake School District authorities have ruled that St. Augustine and another Catholic school that is operated by the Archdiocese are both Catholic schools in the district and must have non-overlapping attendance zones before students are entitled to free transportation.  St. Augustine says it is separate and should be able to get transportation for students from anywhere in the Friess Lake District.  It contends that it is improper for public school authorities to determine that a school which says it is independent is instead Catholic. The Wisconsin Institute for Law & Liberty announced the filing of the lawsuit.

Challenge To Catholic Hospitals' Ethical Directives Dismissed On Standing and Ripeness Grounds

A Michigan federal district court has dismissed on standing and ripeness grounds a challenge to the Ethical and Religious Directives for Catholic Health Care Services followed by Catholic hospitals.  In ACLU v. Trinity Health Corp., (ED MI, April 11, 2016), the ACLU sued claiming that provisions in the Directives that prevent terminating a pregnancy to stabilize a woman's condition when emergency complications occur violate the federal Emergency Medical Treatment and Active Labor Act and the Rehabilitation Act.  The court held that allegations of past injury because of the hospital's compliance with the Directives does not give standing for future-looking declaratory and injunctive relief, and allegations regarding one woman who is currently pregnant do not show a substantial risk of pregnancy complications or likelihood of future treatment at defendant's hospitals.  A report from Michigan Radio has reactions of the parties to the decision.

FOIA Request Aimed At Human Trafficking Grant To Catholic Bishops

The ACLU earlier this month filed a Freedom of Information Act lawsuit seeking the release of records related to the federal government’s award of Trafficking Victim Protection Act funds to the U.S. Conference of Catholic Bishops (USCCB).  According to the complaint (full text) in ACLU v. Administration for Children and Families, (SD NY, filed 3/17/2016), in 2009 the ACLU filed a lawsuit claiming that the federal government violated the Establishment Clause by allowing USCCB under a 2006 grant to enter subcontracts with religiously-based reproductive health care restrictions in them.  Those subcontracts barred subcontracting agencies from furnishing abortion and contraception services or referrals to trafficking victims. The lawsuit was ultimately dismissed as moot because the government was no longer contracting with USCCB.  However in 2015 USCCB received a new grant, and the ACLU is now seeking documents to determine whether religiously-based restrictions are again being imposed. LifeSite News yesterday reported on the lawsuit.

Diocese of Gallup Files Chapter 11 Reorganization Plan

As previously reported, in late 2013 the Catholic Diocese of Gallup, which encompasses parts of New Mexico and Arizona, filed for Chapter 11 bankruptcy reorganization in order to deal with mounting sex abuse claims against the diocese.  Yesterday the Diocese finally filed its proposed Plan of Reorganization. (Full text of Disclosure Statement describing the Plan.)  The Disclosure Statement begins by admitting:

It is impossible to overstate the tragedy of the Abuse that was inflicted on the children and teenagers of the Diocese. Such Abuse was perpetrated by priests or others purporting to do the missionary work of the Roman Catholic Church. Instead of fulfilling their missions, such perpetrators inflicted harm and suffering on the children and teenagers of the Diocese. Much of this harm was inflicted at a time when the Debtors did not have insurance that covered such claims, or had insurance with an insurer that is now insolvent. 

The Plan, which must receive judicial approval and then be voted on by creditors, ultimately was the product of court-ordered mediation. As reported by the Wall Street Journal:

The plan relies on at least $22 million to repay victims as well as lawyers and other creditors. Of that amount, $11.55 million would come from a settlement in which diocesan insurer Catholic Mutual will buy back its policies. The diocese itself is slated to contribute just over $3 million to the plan....

Other insurance carriers, the Diocese of Phoenix, some of the Diocese of Gallup’s parishes, two Franciscan religious orders and two foundations that support the diocese will also contribute to the restructuring plan....

Fired Gay Music Director Sues Chicago Archdiocese for Discrimination

Following an EEOC complaint filed last year (see prior posting), the former music director of a suburban Chicago Catholic parish has now filed an employment discrimination suit in federal district court against the parish and the Archdiocese of Chicago. The Chicago Tribune reported yesterday on the lawsuit by Colin Collette against the Holy Family Catholic Community in Inverness and the Archdiocese, alleging violations of the federal Civil Rights Act, the Illinois Human Rights Act and the Cook County Human Rights Ordinance.  Collette was fired last July after he announced that he was engaged to be married to his longtime partner Will Nifong.  Collette says church leaders knew he was gay long before he posted his engagement notice on Facebook, and his subsequent marriage to his partner.  Collette is seeking damages, back pay and reinstatement.

Pennsylvania Grand Jury Exposes Extensive Sex Abuse By Catholic Diocese Clergy

Yesterday Pennsylvania Attorney General Kathleen Kane released a 147-page Grand Jury report (full text) on sexual abuse of children by Pennsylvania Catholic clergy.  As summarized in the Attorney General's press release:

A statewide investigating grand jury has determined that hundreds of children were sexually abused over a period of at least 40 years by priests or religious leaders assigned to the Roman Catholic Diocese of Altoona-Johnstown, Pennsylvania....

The widespread abuse involved at least 50 priests or religious leaders. Evidence and testimony reviewed by the grand jury also revealed a troubling history of superiors within the Diocese taking action to conceal the child abuse as part of an effort to protect the institution's image.

The Grand Jury concluded its report with 3 recommendations: (1) abolish the statute of limitations for sexual offenses against minors; (2) open a window to allow child sexual abuse victims to have their civil actions heard; and (3) possible criminal conduct should be directly reported to law enforcement authorities. Washington Post has more on the grand jury report.

Abortion Restrictions In Latin America Remain Despite Zika Virus Spread

With the Zika virus spreading fast in a number of Latin American countries and the disease's link to microcephaly in newborns, the debate over loosening abortion restrictions is increasing. Reuters reported last week that in Brazil-- which has one of the most restrictive abortion laws-- change is unlikely:

Vandson Holanda, head of health for the Catholic Church in Brazil’s northeast, said there was no chance the Church would shift its position on abortion because of Zika.

Suspected cases of microcephaly have topped more than 4,000 – with more than 400 of those confirmed so far – since Zika was first detected in April....

Women’s rights groups in Brazil ... plan to appeal to the Supreme Court to relax Brazil’s abortion laws. They hope to build on a successful case in 2012 that legalized abortion for anencephaly, where the fetus develops without a major part of its brain and skull.

Given the difficulty of identifying microcephaly before the final weeks of pregnancy, Sinara Gumieri, a legal advisor to Anis, said the group would petition the court to legalize abortion for women diagnosed with Zika whose child was at risk of the condition, even if it is not diagnosed in the fetus. She admitted it would be difficult.

The doctors who led the anencephaly campaign in 2012 do not expect its success to be repeated.

The New York Times last week had more on the Catholic Church's unchanged position.  Meanwhile, the Huffington Post reported that the U.S. Agency for International Development has recommended that the U.S. offer contraceptive and family planning assistance to Latin America.  U.S. law prohibits foreign aid funds being used to pay or advocate for abortion.  At a Feb. 10 House subcommittee hearing on the global Zika epidemic (video of hearing), subcommittee chairman Rep. Jeff Duncan (R-SC) said that the push in Latin American countries for greater access to abortion "is heartbreaking, especially since there are different degrees of microcephaly."

Court Refuses To Require Catholic Hospital To Perform Tubal Ligation

In Chamorro v. Dignity Health, (CA Super., Jan. 14, 2016), a California trial court refused to issue a preliminary injunction to require a Catholic hospital to perform a tubal ligation for contraceptive purposes.  The hospital refuses to perform the procedure pursuant to the U.S. Conference of Catholic Bishops' Ethical and Religious Directives for Catholic Health Care Services.  Plaintiff had contended that this violates California's prohibition on gender discrimination, but the court concluded that the hospital's policy bars direct sterilization of men as well as of women. AP reports on the decision.

Victims' Group Says Catholic Church Is Still Responding Inadequately To Priest Abuse

Building on the popularity of the Academy Award nominated film Spotlight, earlier this week SNAP (Survivors Network of those Abused By Priests) issued a press release titled A Challenge to Journalists: Where “Spotlights” Are Needed Now.  It discusses nine areas in which SNAP believes the Catholic Church is still not providing adequate safeguards or is not implementing promises of transparency, accountability and compensation for past and present clergy sexual abuse.

Priest Charging Injury From False Accusations May Proceed With Most of His Claims

This week, a Missouri federal district court handed down two decisions in a suit by a Catholic priest who claims he has been falsely accused of child sexual abuse.  According to the court:

Plaintiff Reverend Xiu Hui “Joseph” Jiang is a Chinese-born ordained Catholic priest in the Archdiocese of St. Louis. Jiang asserts that ... A.M. and N.M. falsely accused him of sexually abusing their minor son for the purpose of monetary gain. Jiang also asserts that [two] officers of the St. Louis Metropolitan Police Department, conducted an inadequate investigation of the abuse allegations and targeted plaintiff for prosecution because of his religion and ethnicity. He alleges that [the City] ... failed to properly train the officers.... Jiang further asserts that ... Survivors Network of Those Abused by Priests ... led a public smear campaign against him which included making false accusations of child molestation in the media. The criminal case against Jiang ... was voluntarily dismissed shortly before trial....

According to the complaint ... had they conducted a more thorough investigation, they would have learned that the minor child had made unfounded claims of sexual abuse in the past and that he was mentally and emotionally troubled; that defendants A.M. and N.M. had a history of making unfounded allegations against the Catholic Church for financial gain; and that there were circumstances that made it impossible for plaintiff to have committed the abuse as alleged.

In Jiang v. Porter I, (ED MO, Dec. 28, 2015), the court denied SNAP's motion to dismiss the conspiracy, defamation and infliction of emotional distress claims against it, and concluded that the lawsuit is not covered by Missouri's anti-SLAPP statute.

In Jiang v. Porter II, (ED MO, Dec. 28, 2015), the court dismissed the vicarious liability,  unconstitutional policy and practice, failure to train and supervise, and infliction of emotional distress claims against the City of St. Louis.  However the court refused to dismiss equal protection, due process, abuse of process, infliction of emotional distress and civil rights conspiracy claims against two police officers.

Illinois Nuns Sue To Challenge Zoning Denial

A federal lawsuit was filed last week by an order of Catholic nuns to challenge the denial of a conditional use permit by McHenry County, Illinois. Fraternité Notre Dame already has a monastery, church, seminary, convent, retreat center, bakery, printing press and cemetery on its 95 acres of property. It now wants to add a barn in order to build a commercial kitchen, process grapes and brew beer.  It also wants to add a school with attached dormitory; nursing home with hospice services; and gift shop and tasting area to sell pastries, religious and inspirational articles, and its own wine and beer. The complaint (full text) in Fraternité Notre Dame, Inc. v. County of McHenry, (ND IL, filed 12/16/2015), contends that the denial of zoning approval violates RLUIPA as well as the equal protection clauses of the Illinois and federal constitutions.  Northwest Herald reports on the lawsuit.

Pennsylvania Appeals Court Orders New Trial For Msgr. Lynn On Priest Abuse Cover-Up

In Commonwealth of Pennsylvania v. Lynn, (PA Super. Ct., Dec. 22, 2015), in a 2-1 decision, a Pennsylvania state appeals court vacated the 2012 conviction of Msgr. William J. Lynn who was the first U.S. priest criminally convicted of covering up sexual molestation of minors by another priest. (See prior posting.) The case was remanded for a new trial.  In the case, which was already on remand from the state Supreme Court (see prior posting), the majority concluded that while prior bad acts can be introduced into evidence to show elements such as knowledge, motive and intent relating to the crimes charged, here the introduction of evidence relating to Lynn's handling of complaints against 21 priests in addition to the two priests whose actions Lynn was charged with covering up went too far.  The majority said in part:

The potential for this evidence to unfairly prejudice Appellant was high, both because it involved the sexually abusive acts of numerous priests committed against children over several decades, and because of the high volume of the evidence admitted. Therefore, we conclude that the probative value of that evidence, in toto, did not outweigh its potential for unfair prejudice, and that this potential prejudice was not overcome by the trial court’s cautionary instructions.

Judge Donohue filed a dissenting opinion, saying in part:

The record supports a finding that both Lynn and his predecessors handled prior allegations of sexual abuse against other priests with the motive and intent of shielding the Church from scandal. Thus, there is support for the conclusion that the way Lynn handled the allegations of abuse made against Avery and Brennan “grew out of” and was “caused by” the way Lynn’s predecessors and Lynn himself handled past allegations of sexual abuse committed by other priests.

Philadelphia Inquirer reports on the decision. [Thanks to How Appealing for the lead.]

Groups Question Walgreen's Project With Catholic Health Care Clinics

On Monday, a group of 19 advocacy organizations sent a letter (full text) to Walgreen Co. questioning the announced plans of Walgreen to partner with a Catholic health care system in opening clinics in 25 Walgreen's drug stores in Washington and Oregon. The letter, signed by groups such as the ACLU, Lambda Legal, NARAL and Planned Parenthood affiliates, said in part:

We appreciate Walgreens’s objective to provide customers with convenient access to basic health services. However, as Providence is a religious health system, we are very concerned that these clinics will limit patients’ access to important health services. Customers or patients who request services at these clinics or at Walgreens’s pharmacies are entitled to assurances that the services, information, and referrals they receive will not be restricted by religious doctrine.

As you are likely aware, Providence is a Catholic health care system that is required to follow the Ethical and Religious Directives (“ERDs”) promulgated by the United States Conference of Catholic Bishops. These directives forbid or severely restrict critical reproductive and end-of-life health care services at Catholic health facilities, including contraception, abortions, fertility treatments, vasectomies, tubal ligations, aid in dying,  and advance directives that are contrary to Catholic teachings. Some religious health systems also restrict the information and referrals that their health providers are allowed to give to patients. Adherence to the ERDs also increases the likelihood that LGBTQ individuals and their families will face discrimination in seeking to access health care services consistent with their medical needs.

Think Progress reported on the letter.

Catholic Diocese of Duluth Files For Bankruptcy Reorganization

The Catholic Diocese of Duluth announced yesterday that it has filed on an emergency basis for bankruptcy protection in order to reorganize under Chapter 11.  The move comes after a jury last month found the Diocese liable for  $4.9 million in a clergy abuse case dating back to 1978. (See prior posting.) As reported by AP, the diocese faces five other sex abuse lawsuits that have already been filed, and has received notices of claims in 12 more.  Minnesota's 2013 Child Victims Act opened a statute of limitations window that closes next May for suit to be filed on old abuse claims. Plaintiff's attorney says that the bankruptcy stay delays attempts to force release of church documents on clergy sex abuse. A hearing on a motion to force release had been scheduled for December 17.  The Diocese's vicar general said that the filing safeguards the Diocese's limited assets, allows it to continue its day-to-day work, and ensures that all victims share justly in the resources available. This is the 15th U.S. diocese or religious order to file for bankruptcy reorganization.

U.S. Catholic Bishops Debate Voters' Guide In Light of Pope Francis' Priorities

The U.S. Conference of Catholic Bishops report that among the actions taken yesterday at their Fall General Assembly was the adoption of a new introductory note to and limited revision of their quadrennial statement on political responsibility, "Forming Consciences for Faithful Citizenship." According to Religion News Service yesterday, the debate on revision of this voters' guide highlighted the split between those bishops who want to echo the priorities of Pope Francis and those who support more traditional priorities. San Diego Bishop Robert McElroy, objecting that revisions had not gone far enough, told the Assembly:

I believe that this document is gravely hobbled. Specifically, I think the pope is telling us that alongside the issues of abortion and euthanasia — which are central aspects of our commitment to transform this world — poverty and the degradation of the Earth are also central.  But this document keeps to the structure of the worldview of 2007. It does not put those there.

Court Confirms Reorganization Plan of Milwaukee Archdiocese

The Milwaukee Journal-Sentinel reports that yesterday U.S. Bankruptcy Judge Susan V. Kelley confirmed the bankruptcy reorganization plan of the Archdiocese of Milwaukee.  The Archdiocese filed for bankruptcy in 2011 under the pressure of clergy sex abuse claims.  Yesterday's reorganization plan is summarized by the Wall Street Journal:

The terms of the settlement divide nearly 600 abuse victims into separate groups. About 350 victims will share the bulk of the $21 million settlement, and about another 100 victims will each receive $2,000, court papers show. About 120 remaining victims, who had previously settled with the archdiocese or otherwise didn't qualify for the settlement, won’t receive any monetary compensation. It also provides a total of $250,000 for victims who come forward in the future, plus $500,000 from the archdiocese’s parishes to provide therapy for victims in any group.

Over $20 million in legal fees have been run up during the protracted bankruptcy proceedings.  Fox News reprints a statement from the Archdiocese on the approval of the plan and a letter sent to Pope Francis on behalf of the first victims to publicly come forward-- deaf survivors who were abused at the St. John's School for the Deaf.