Vatican Issues New Guide To Clergy On Handling Sex Abuse Cases

The Vatican, through the Congregation for the Doctrine of the Faith, yesterday issued a detailed guide for clerics on handling clergy sex abuse cases.  Titled Vademcum: On Certain Points of Procedure In Treating Cases of Sexual Abuse of Minors Committed By Clerics (full text). The guide provides in part:

17. Even in cases where there is no explicit legal obligation to do so, the ecclesiastical authorities should make a report to the competent civil authorities if this is considered necessary to protect the person involved or other minors from the danger of further criminal acts.

The Vatican also issued a press release summarizing the Vademcum. The New York Times, reporting on these developments, said in part:

[T]he new instructions are not binding and were not enshrined in the church’s canon law, prompting criticism that the Vatican still gives bishops too much leeway in judging the conduct of their priests.

Suit Challenges NY Worship Restrictions vs. Permitted Floyd Protests

Suit was filed last week in a New York federal district court by two Catholic priests and three Orthodox Jews challenging limits on worship services imposed by  New York state and city COVID-19 orders. The complaint (full text) in Soos v. Cuomo, (ND NY, filed 6/10/2020), alleges in part:

[W]hile defendants jointly impose this arbitrary, pseudo-scientific regime of strict gathering limits for some groups and activities but not others, they are permitting closely packed gatherings of thousands to protest the wrongful death of George Floyd at the hands of a police officer, which have been taking place in New York City and every other major city in New York State day-after-day since Floyd’s death on May 25.

Plaintiffs' Memorandum In Support of an Application for a Preliminary Injunction (full text) contends in part:

Here, the Orders only purport to mandate a general limit on non-essential gatherings across the state. But aside from the voluminous formal exemptions that undermine the Orders’ general applicability ..., Defendants recently granted an individualized exemption to mass gatherings protesting the death of George Floyd at the hands of a police officer.... These protests have involved hundreds or thousands of protestors all across the state, often packed together shoulder-to-shoulder in express derogation of the Orders’ limits on gathering sizes and social distancing.... And yet, while Defendants expressly approve of these gatherings, they have insisted that limits on religious gatherings remain in place.... This is exactly the type of disparate individualized assessment that must pass strict scrutiny under the Free Exercise Clause.

Thomas More Society issued a press release announcing the filing of the lawsuit. [Thanks to Steven H. Sholk for the lead.]

UPDATE: Here is defendants' Memorandum of Law in Opposition to Application for Injunctive Relief.

Catholic Peace Activist Sentenced To Time Served For Trespassing

RNS reports:

A U.S. District Court judge has sentenced an 80-year-old Catholic peace activist to time already served for trespassing onto the Kings Bay Naval Submarine Base in St. Marys, Georgia, more than two years ago as part of a symbolic nuclear disarmament action.

Elizabeth McAlister, a former nun with the Religious of the Sacred Heart of Mary, had already served 17 months in a Glynn County Detention Center in Brunswick, Georgia, following the April 4, 2018 action.

In a video conference call on Monday (June 8), Judge Lisa Godbey Wood sentenced McAlister to time served, three years of probation and $25 a month in restitution until the amount of damage caused by the break-in — which the Navy estimated at $33,503 — is paid back in full by all the activists.

Italian Court Upholds Lease Of Historic Abbey to Conservative Catholic Group With American Ties

The Art Newspaper reports that in Italy in a decision published Monday, a 3-judge administrative court rejected an attempt by the Ministry of Culture to revoke a 19-year lease granted to a conservative Catholic organization, Dignitatis Humanae Institute (DHI), for an elaborate 13th century abbey. According to the report:

The lease was awarded as part of an initiative to involve the private sector in the management of abandoned cultural sites in Italy.

The judges concluded that the ministry had failed to act within the prescribed time limit for the annulment of public contracts. The verdict is an embarrassing defeat for the Italian ministry of culture which had argued that the time limit should not apply because the DHI made “false and mendacious” statements in its application for the lease, an allegation which the administrative judges say the ministry failed to provide evidence for.

DHI says that the case against it is politically motivated. DHI is funded by Donald Trump's controversial former chief strategist Steve Bannon. After the decision was released, Italy's Attorney General's Office said it would begin a criminal investigation of  DHI’s founder, Benjamin Harnwell. And the Ministry of Culture says it will appeal the administrative court's decision.

6th Circuit Permits Same-Sex Couple To Intervene In Lawsuit By Catholic Adoption Agency

The U.S. 6th Circuit Court of Appeals this week issued an opinion on a procedural issue in the continuing battle between the state of Michigan and Catholic adoption and foster care agencies.  In settling a case brought by a same-sex couple, the state agreed to impose sexual-orientation non discrimination requirements on child-placement agencies that contract with the state. Then the district court issued a preliminary injunction protecting the Catholic agency.  Now in Buck v. Gordon, (6th Cir., May 11, 2020), the Court of Appeals held that the trial court should have allowed permissive intervention in the case by a same-sex couple whose earlier lawsuit triggered Michigan's imposition of the non-discrimination requirements. Meanwhile the underlying case is on hold awaiting the U.S. Supreme Court's decision on a similar issue in Fulton v. City of Philadelphia.

Court Refuses To Dismiss Catholic School Teacher's Suit On Church Autonomy Grounds

In Payne-Elliott v. Roman Catholic Archdiocese of Indianapolis, Inc., (IN Super. Ct., May 1, 2020), an Indiana trial court refused to dismiss a lawsuit against the Catholic Archdiocese brought by a teacher who claims that the Archdiocese interfered with his contractual relationship with Cathedral High School, an independent school that had a relationship with the Archdiocese. The teacher was ordered to be fired by a directive from the Archdiocese issued after the teacher entered a same-sex marriage. The school feared that if it did not comply, the Archdiocese would no longer recognize it as a Catholic institution. The Archdiocese argued that the lawsuit should be dismissed under the "church autonomy" doctrine. The court said in part:

In civil dispute involving church as party, the court has jurisdiction to resolve the case if it can be done without resolving an ecclesiastical controversy. The court can avoid the religious controversy by deferring to the highest authority within the ecclesiastical body....

... [T]his Court cannot determine that the directive by the Archdiocese to terminate Payne-Elliott was made by the highest authority in the ecclesiastical body of Cathedral or of the Roman Catholic Church.“

The court also questioned whether the case involved an ecclesiastical controversy at all:

... [A] letter from the President and Chairman of the Board of Cathedral elaborates as to ”What is at stake?” Therein, Cathedral states: ”Furthermore, Cathedral would lose its 501(c)(3) status thus rendering Cathedral unable to operate as nonprofit school." This rational for firing Payne-Elliott is important,... If Payne-Elliott was terminated by Cathedral for an economic benefit to Cathedral at the direction of the Archdiocese, then that is different matter than Catholic doctrine.

The court also refused to accept several other grounds for dismissal put forward by the Archdiocese.  Indiana Lawyer reports on the decision.

Administrative Offices of New Orleans Archdiocese File For Bankruptcy

On Friday, the Catholic Archdiocese of New Orleans announced that the Administrative Offices of the Archdiocese have filed for Chapter 11 bankruptcy reorganization, saying in part:

The move was necessitated by the growing financial strain caused by litigation stemming from decades-old incidents of clergy abuse as well as ongoing budget challenges. The unforeseen circumstances surrounding COVID-19 have added more financial hardships to an already difficult situation.  

This filing only affects the Archdiocesan administrative offices.... The Archdiocese’s action will not affect individual church parishes, their schools, schools run by the various religious orders, or ministries of the church. These offices will continue daily ministry as usual....

The intention of the filing is to allow time to develop a reorganization plan detailing how available assets and insurance coverage will be used to settle outstanding claims and to negotiate reasonable settlements while enabling the administrative offices to continue and emerge better prepared for the future. This reorganization will also allow the Archdiocese to address remaining clergy abuse cases in a way that will allow funds to go directly to victims instead of funding prolonged, costly litigation.

Dioceses In Bankruptcy Challenge Ban On Access To COVID-19 Loans

Catholic News Agency reported yesterday that the Catholic dioceses of Rochester and Buffalo in New York filed suit on April 15 against the U.S. Small Business Administration challenging  denial of access to emergency loans under the recently enacted Paycheck Protection Program.

The $349 billion in emergency loans were part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, signed into law by President Trump on March 27.

The bill provided, among other things, short-term relief for small businesses and certain non-profits affected by the disruptions from the coronavirus (COVID-19) pandemic....

An SBA rule, however, stipulated that the funds would not go to bankruptcy debtors. Both the dioceses of Rochester and Buffalo have filed for bankruptcy in the past several months, after being named in hundreds of clergy sex abuse lawsuits filed under New York’ Child Victims Protection Act.

Australia's Top Court Reverses Sex Abuse Convictions of Cardinal George Pell

In Pell v. The Queen, (High Ct. Australia, April 7, 2020), Australia's highest court reversed the sex abuse convictions of Cardinal George Pell, finding:

there is "a significant possibility that an innocent person has been convicted because the evidence did not establish guilt to the requisite standard of proof."

The court ordered that judgments of acquittal be entered for Pell. the Court issued a press release summarizing the opinion. Pell, who at the time of the alleged offenses served as Archbishop of Melbourne, later become Vatican's Prefect of the Secretariat of the Economy and is the highest-ranking Catholic official to be accused of sex abuse. CNN and New York Times report on the court's decision. Pell released this statement after the Court's decision was handed down. [Thanks to Tom Rutledge and Scott Mange for the lead.]

Catholic Hospital Is Within Title VII Exemption

In Boydston v. Mercy Hospital Ardmore, Inc., (WD OK, March 25, 2020), an Oklahoma federal district court held that a Catholic hospital and its parent bodies are religious entities that are exempt under (42 USC §2000e-1(a)) from the religious discrimination prohibitions of Title VII.  Based on that conclusion, the court dismissed the Title VII (and parallel state anti-discrimination law) claims of religious discrimination brought by a power plant technician at the hospital.

Police Had Cause To Search Residence of Catholic Religious Order Member

In State of Connecticut v. Sawyer, (CT Sup. Ct., March 19, 2020), the Connecticut Supreme Court held that the search warrant that led to the arrest of a member of a Catholic religious order for possessing child pornography was properly issued.  The court held that authorities had probable cause to search the residence of defendant, a member of The Brothers of Holy Cross, living with two other brothers in an apartment they rented from a West Haven Catholic church. Police acted on a report by one of defendant's roommates. AP reports on the decision.

Court Interprets Defenses Under Illinois RFRA and Right of Conscience Act

In Rojas v. Martell, (IL App., March 6, 2020), an Illinois state appellate court answered four certified questions on the state's  Health Care Right of Conscience Act and its Religious Freedom Restoration Act. The court held that neither the analytic framework not the reasonable accommodation defense of Title VII should be read into these state statutes. It also concluded that transfer of an employee to a job that does not include the religiously objectionable duties may be permissible under the Right of Conscience Act. The issues arose in a case in which a county health department nurse claimed that the health department discriminated against her after she asserted that her Catholic religious beliefs prevented her from providing birth control, from providing Plan B emergency contraception, and from making abortion referrals.

Catholic Order May Build School, Gift Shop and Barn

In Fraternité Notre Dame, Inc. v. County of McHenry, 2020 U.S. Dist. LEXIS 40030 (ND IL, March 2, 2020), an Illinois federal magistrate judge, after holding a public hearing, approved a settlement agreement that allows a conservative order of Catholic nuns to construct a barn-like building for wine making, beer brewing, and canning, and to build a boarding school and a gift shop. In entering the settlement agreement, the parties stipulated that the county had violated the "substantial burden" provision of RLUIPA in denying an amended conditional use permit. The court's public hearing elicited comments both in favor of and opposed to the settlement agreement. The court said in part:

The historical religious bigotry Plaintiff has been subjected to provides a painful backdrop to this case. Plaintiff, its members, and the Property have been subjected to repeated acts of religious bigotry. The Property has been vandalized and desecrated in the most vile ways. Plaintiff's members have been threatened with lynching. And they have been placed in peril. For example, Plaintiff's vehicles have been vandalized in ways that affected the operation of the vehicles, including the loosening of lug nuts and the severing of brake fluid lines. Because of these criminal acts, Plaintiff installed fencing and cameras to protect its members and the Property.

Stunningly, a community member then staked out Plaintiff's property for hours upon hours, taking photographs of the fencing and cameras, all to prove his point that Plaintiff and its members were not "inviting." ...

Lots of people were willing to share their opinions regarding how Plaintiff should use its Property. But none of those opinions considered the legal requirements of RLUIPA.

Chicago Tribune reports on the decision.

Supreme Court GVRs Puerto Rico Decision On Pension Liability of Catholic Church

Th U.S. Supreme Court today issued opinions granting certiorari, vacating the judgment of the Puerto Rico Supreme Court and remanding for further proceedings the case of Roman Catholic Archdiocese of San Juan v. Feliciano, (US Sup. Ct., Feb. 24, 2020). At issue was whether the Roman Catholic and Apostolic Church in Puerto Rico was liable for pension benefits of Catholic School employees in Puerto Rico.  The petition for certiorari argued that civil courts must respect the Church's own views on its internal structure. The Supreme Court in a per curiam opinion concluded, however, that it need not reach that issue because Puerto Rican courts lost jurisdiction over the case when it was removed to federal court and had not yet been remanded. Justice Alito, joined by Justice Thomas, wrote to note important issues that may arise on remand. They said in part:

[T]he Free Exercise Clause of the First Amendment at a minimum demands that all jurisdictions use neutral rules in determining whether particular entities that are associated in some way with a religious body may be held responsible for debts incurred by other associated entities....

Beyond this lurk more difficult questions, including (1) the degree to which the First Amendment permits civil authorities to question a religious body’s own understanding of its structure and the relationship between associated entities and (2) whether, and if so to what degree, the First Amendment places limits on rules on civil liability that seriously threaten the right of Americans to the free exercise of religion as members of a religious body.

Supreme Court Grants Review Of City's Refusal To Contract With Catholic Social Services

The U.S. Supreme Court today granted review in Fulton v. City of Philadelphia, (Docket No. 19-323, certiorari granted 2/24/2020) (Order List). The case will be argued next term. In the case, the U.S. 3rd Circuit Court of Appeals upheld held against 1st Amendment challenges the City of Philadelphia's policy of refusing to contract with foster care agencies, such as Catholic Social Services, that will not place children with same-sex married couples. (See prior posting.)  Links to filings with the Supreme Court in the case are available from SCOTUSblog's case page.

Harrisburg Catholic Diocese Files For Bankruptcy Reorganization

Yesterday, the Catholic Diocese of Harrisburg (PA) filed for bankruptcy reorganization in federal bankruptcy court. In announcing the move, Bishop Robert Gainer said in part:

Over the past few years, our Diocese has been forced to confront our horrific past regarding clergy sexual abuse. Today, we are facing some difficult financial realities. Despite making every attempt to scale back operations and reduce overhead, we are currently unable to meet our financial obligations.

... Our current financial situation, coupled with changes in the law both here and in New Jersey, where we are already named in one lawsuit and where we anticipate more to follow, left us with no other path forward to ensure the future of our Diocese. Despite the success of the Survivor Compensation Program, which helped 111 survivors of clergy child sexual abuse, or 96% of those who participated in the Program, we already are in receipt of half a dozen new lawsuits, any one of which could severely cripple the Diocese.

As Bishop, I must ensure the Diocese’s core mission is upheld, which is to remain focused on Christ’s mandate to preach, teach, sanctify, and to serve those in need. We must work to bring the Chapter 11 process to a conclusion, as soon as is reasonably possible and in a way that allows us to be present to the community, as we have been for the past 152 years.

Links to all the pleadings and other documents in the case are available here.  Reporting on the filling, AP says that the diocese joins at least 20 others across the country that have filed for bankruptcy. The diocese says it has assets of less than $10 million with liabilities between $50 and $100 million.

Parishioners Sue Claiming Wrongful Removal of Priest

An unusual lawsuit was recently filed against the Archdiocese of Detroit by 20 parishioners of a Detroit Roman Catholic parish. The suit filed in a Michigan state trial court claims plaintiffs suffered extreme emotional distress when their priest was falsely accused of sexually abusing a minor and was removed . The complaint (full text) in Dux v. Bugarin, (MI Cir. Ct., filed 1/31/2020), alleges that the Archdiocese, afraid of being attacked by the press for failure to respond to sex abuse charges, twisted allegations and engaged in improper investigatory interrogations to fabricate a rape charge against Fr. Eduard Perrone.  It further alleges that Michael Bugarin, the priest charged with conducting the investigation of Fr. Perrone, is a conservative who was opposed to reforms in the Church advocated by plaintiffs and by Fr. Perrone. The complaint also claims that defendants fraudulently failed to disclose that funds solicited in their annual Catholic Services Appeal would be used for the investigation of Fr. Perrone. Detroit Free Press reports on the lawsuit.

AP: Catholic Church's Release of Sex Offenders' Names Is Incomplete

In a long investigative report, AP yesterday said that Church reporting of alleged sex abusers is incomplete:

An AP analysis found more than 900 clergy members accused of child sexual abuse who were missing from lists released by the dioceses and religious orders where they served....

More than a hundred of the former clergy members not listed by dioceses or religious orders had been charged with sexual crimes, including rape, solicitation and receiving or viewing child pornography.

On top of that, the AP found another nearly 400 priests and clergy members who were accused of abuse while serving in dioceses that have not yet released any names....

Some dioceses have excluded entire classes of clergy members from their lists — priests in religious orders, deceased priests who had only one allegation against them, priests ordained in foreign countries and, sometimes, deacons or seminarians ousted before they were ordained....

Dioceses varied widely in what they considered a credible accusation.....

The largest exceptions were made for the nearly 400 priests in religious orders who, while they serve in diocesan schools and parishes, don't report to the bishops.

Catholic Agency Charges County With Retaliation

Suit was filed in a Michigan federal district court last week by St. Vincent Catholic Charities of Ingham County, Michigan challenging the county's refusal to renew a grant for services to refugees,  The complaint (full text) in St. Vincent Catholic Charities v. Ingham County Board of Commissioners, (WD MI, filed 12/16/2019) contends that the county's action was in retaliation for a lawsuit by St Vincent's challenging a state requirement that Catholic adoption and foster care agencies place children with same-sex couples, (See prior posting.)  The current lawsuit claims that the county's action amounts to unconstitutional retaliation, and violates its free speech and free exercise rights. Detroit News reports on the lawsuit.

Cert. Denied In Suit Against Priest Over Baptism Ritual

The U.S. Supreme Court today denied review in Fermin v. Priest of St, Mary- Marfa, Texas, (Docket No. 19-471, certiorari denied 12/16/2019) (Order List). In the case, the U.S, 5th Circuit Court of Appeals (full text of opinion) affirmed the dismissal of a suit in which a Texas man claimed that an unnamed priest used a crucifix during his baptism in 1925 "in violation of God's law" (including the Second Commandment's prohibition of idolatry).