Showing posts with label Catholic. Show all posts
Showing posts with label Catholic. Show all posts

Wednesday, May 24, 2023

Illinois AG Releases Report on Catholic Clergy Child Sex Abuse

Yesterday, Illinois Attorney General Kwame Raoul released its 696-page Report on Catholic Clergy Child Sex Abuse in Illinois (full text). The Report stems from an investigation thar began in 2018. The Attorney General's message that begins the report says in part:

As a direct result of this investigation and my team’s persistence, the dioceses have improved their policies relating to their investigations of child sex abuse allegations and the public disclosure of substantiated child sex abusers. Before this investigation, the Catholic dioceses of Illinois publicly listed only 103 substantiated child sex abusers. By comparison, this report reveals names and detailed information of 451Catholic clerics and religious brothers who abused at least 1,997 children across all of the dioceses in Illinois.

The Report concludes with a series of recommendations. It points out that in 2014, Illinois eliminated the statute of limitations for civil claims of child sex abuse. However, that law does not permit filling of claims for which the statute of limitations had run before 2014, and the Illinois Supreme Court has held that creating a look-back window for such claims would require an amendment to the state constitution. The Report suggests that Dioceses establish independent mediation and compensation programs that would cover these claims. AP discusses reactions to the AG's Report.

Tuesday, May 09, 2023

Oakland Catholic Diocese Files for Chapter 11 Reorganization.

The Catholic Diocese of Oakland, California announced yesterday that it is filing for Chapter 11 bankruptcy reorganization, saying in part:

The filing is necessary in light of the more than 330 lawsuits alleging child sexual abuse brought against RCBO under a recent California statute that allowed decades-old claims otherwise time barred and expired to be filed....

Most of the claims brought under the most recent California statute stem from allegations of sexual abuse that occurred in the 1960s, 70s, and 80s by priests who are no longer active in ministry and/or deceased. Chapter 11 is a court-supervised, transparent process that allows for the evaluation of the merits of each claim and gives claimants a say in the outcome and visibility into the proceedings and RCBO’s finances. With the Chapter 11 filing, legal actions against RCBO will stop, allowing RCBO to develop a plan of reorganization, based on assets and insurance coverage available to be used to settle claims with abuse survivors.

Catholic schools that operate in the diocese are separate entities and are not included in the bankruptcy filing.

Sunday, May 07, 2023

King Charles Coronation Ceremony for First Time Includes Participation by Non-Anglican Faith Leaders

The Church of England has published (full text) the 42-page Authorized Liturgy for the Coronation Rite of His Majesty King Charles III along with Commentary on each portion of the liturgy. Unique to Charles' coronation is the participation of representatives of faith communities outside the Church of England. Representatives of other Christian communities will offer blessings during the Coronation service (see pg. 25). They are The Greek Orthodox Archbishop of Thyateira & Great Britain; The Moderator of The Free Churches; The Secretary General of Churches Together in England; and The Cardinal Archbishop of Westminster. The Church of England's Commentary to this portion of the liturgy reads:

The progress of ecumenical relations since 1953 means that, for the first time, this Blessing is to be shared by Christian leaders across the country.

In addition, non-Christian faith leaders will have a role in the Coronation. The ceremony begins with a Procession of Faith Leaders & Representatives of Faith Communities (see pg. 2).  The Commentary to the liturgy reads:

Faith Leaders and representatives from the Jewish, Sunni and Shia Muslim, Sikh, Buddhist, Hindu, Jain, Bahai and Zoroastrian communities will be part of the procession into Westminster Abbey. 

This represents the multi-faith nature of our society and the importance of inclusion of other faiths whilst respecting the integrities of the different traditions.

The ceremony ends with the new King receiving a greeting by representatives of the Jewish, Hindu, Sikh, Muslim, and Buddhist faith communities:

As the King stands before the Leaders and Representatives of the Faith Communities, they deliver the following greeting in unison. 

Faith Leaders & Representatives: 

Your Majesty, as neighbours in faith, we acknowledge the value of public service. We unite with people of all faiths and beliefs in thanksgiving, and in service with you for the common good.

The King acknowledges the greeting, and turns to greet the Governors-General.

The Commentary to this section of the Liturgy reads:

In an unprecedented gesture consolidating the significance of the religious diversity of the Realms, the Sovereign will take his final moments of the service to receive a greeting from the leaders and representatives from the major non-Christian faith traditions. 

In a spoken greeting these faith leaders and representatives speak with their own voices, as communities, but deliver the greeting in unison, as a community of faiths, united in the service of others, and in thanksgiving for His Majesty’s example this day, and every day of his reign. 

We remain grateful to all faith communities for exploring ways in which such an act of unity could be produced, and especially to the Jewish community for finding ways to make this possible without compromising the observance of Shabbat.

CNN reported that  England's Chief Rabbi was invited to stay at St. James Palace over the Sabbath so that he could walk to the ceremony at Westminster Abbey.  Catholic News Agency in an article titled Catholic prelate to participate in British coronation for first time since Reformation reported that the Catholic Bishops’ Conference of England and Wales in advance of the Coronation has issued a special prayer card with prayers for the King. Law & Religion UK has additional reporting on the coronation.

Wednesday, April 26, 2023

Bankruptcy Court Rejects Sex Abuse Claims Arising Outside Boundaries of Diocese

In In re Roman Catholic Diocese of Rockville Centre, New York,(SD NY Bkrptcy., April 19, 2023), a New York federal bankruptcy court held that two groups of claims filed in the Chapter 11 Bankruptcy Reorganization of the Rockville Centre Diocese should be expunged. The claims grow out of alleged sexual abuse by Franciscan brothers that occurred outside of the Diocese.  Claimants argued that the Rockville Centre Diocese had control over the Franciscan Brothers religious organization and so had control over the alleged abusers.  The court said in part:

It is well-established under New York law that for the Diocese to be liable for torts of alleged abusers, the Diocese must have had a duty to control them....

The Brooklyn Claimants’ position is that the Objection fails to settle the question of “control” as a matter of law considering the internal rules of the Catholic Church, and therefore there is a disputed fact that warrants discovery. The parties agree that the Franciscan Brothers operated the five schools and parishes at issue in the Brooklyn Claims, and the Brooklyn Claimants focus solely on whether the Debtor had control over the Franciscan Brothers. They contend that the Diocese had control over the Subject Entities through its control over the Franciscan Brothers....

The additional allegations in the Brooklyn Response frame Catholic Canon Law as a set of rules that govern employer-employee or principal-agent liability outside of secular legal  principles governing these relationships. Not so. As discussed above, there is a clear constitutional prohibition on this Court weighing in on the parties’ dispute over Catholic Canon Law.... New York courts have rejected the argument that Catholic Canon Law imposes diocesan liability where secular law would not.

Tuesday, April 25, 2023

Defrocked Cardinal McCarrick Indicted in Wisconsin on Sexual Assault Charge

 In an April 17 press release, Wisconsin Attorney General Josh Kaul and Walworth County District   Attorney Zeke Wiedenfeld announced that former cardinal Theodore McCarrick, age 92, has been charged with one count of Fourth-Degree Sexual Assault.  The charge stems from an incident that occurred in April of 1977. The complaint alleges that McCarrick repeatedly abused the victim sexually over time. In 2019, the Vatican defrocked McCarrick because of past sexual misconduct. (See prior posting.)

Sunday, April 23, 2023

Judge Refuses to Recuse Himself from New Orleans Archdiocese Bankruptcy Matters

AP and WWL-TV reported on Saturday that federal district court judge for the Eastern District of Louisiana, Greg Guidry, has refused to recuse himself from reviewing matters related to the bankruptcy reorganization proceedings of the Catholic Archdiocese of New Orleans. An investigation by the Associated Press found:

... [S]ince being nominated to the federal bench in 2019 by then-President Donald Trump, [Guidry] has given nearly $50,000 to local Catholic charities from leftover contributions he received after serving 10 years as a Louisiana Supreme Court justice.

Most of that giving, $36,000 of it, came in the months after the archdiocese sought Chapter 11 bankruptcy protection in May 2020 amid a crush of sexual abuse lawsuits. That included a $12,000 donation to the archdiocese's Catholic Community Foundation in September 2020 on the same day of a series of filings in the bankruptcy, and a $14,000 donation to the same charity in July of the following year.

At a pre-trial status conference last Friday, Guidry read from an advisory opinion he had received from the federal Judicial Conference's Committee on Codes of Conduct. It concluded that no reasonable person would question Guidry's impartiality. The Advisory Opinion said in part:

none of the charities to which you contributed some of your wind-down campaign funds has been or is an actual party in any proceeding before you....

AP had also reported that Guidry had once served as a board member on the Archdiocese's charitable arm for eight years.  The Advisory Opinion said, however:

[Y]our leadership as a board member of one of the charities ended 15 years ago, which is a significant span of time.

Guidry, who as district court judge would hear appeals from rulings of the district's bankruptcy judge, told the lawyers at the status conference:

Based upon that advice and based upon my certainty that I can be fair and impartial, I have decided not to recuse myself.

Saturday, April 15, 2023

Colorado Bars Abortion Pill Reversal; Suit Challenges New Law

Yesterday, Colorado Governor Jared Polis signed into law SB23-190 (full text). The new law makes it a deceptive trade practice to advertise that a clinic offers abortions, referrals for abortions or emergency contraceptives when it does not offer these services.  It also provides that it is unprofessional conduct for a healthcare provider to prescribe or administer medication abortion reversal, unless by Oct. 1 the state medical, pharmacy and nursing boards all have in effect rules finding that it is a generally accepted standard of practice to engage in medication abortion reversal.

On the same day the bill was signed, an anti-abortion Catholic healthcare clinic filed suit in a Colorado federal district court challenging the new law's provisions on medication abortion reversal as violating its 1st and 14th Amendment rights. The complaint (full text) in Bella Health and Wellness v. Weiser, (D CO, filed 4/14/2023), alleges that the law violates its Free Exercise rights because it is neither neutral nor generally applicable, saying in part:

[A]bortion pill reversal is nothing more than supplemental progesterone. And there are a multitude of off-label uses of progesterone, which has been widely prescribed to women—including pregnant women—for more than 50 years.

... Yet SB 23-190 makes no attempt to regulate—much less outright prohibit— the off-label use of progesterone in any other circumstance. That omission renders SB 23-190 not generally applicable.

The complaint also alleges that the law violates their free speech rights and patients' right to medical treatment.  According to Becket Law, the district court quickly granted Bella Health temporary emergency relief and set a hearing on a preliminary injunction while litigation proceeds for April 24. CPR News reports on the lawsuit.

Tuesday, April 11, 2023

House Committee Seeks Documents on FBI Interest in Radical Traditionalist Catholic Extremists

Yesterday, U.S. House Judiciary Committee chairman Jim Jordan issued a subpoena to FBI Director Christopher Wray seeking documents related to the FBI's attempt to monitor possible violent extremism among radical-traditionalist Catholics.  In an April 10 Committee Press Release (full text), the Committee said in part:

From this limited production, it is apparent that the FBI, relying on information derived from at least one undercover employee, sought to use local religious organizations as “new avenues for tripwire and source development.”... 

The FBI similarly noted two other opportunities to engage in outreach with religious institutions in the Richmond area, citing a desire “to sensitize the congregation to the warning signs of radicalization and enlist their assistance to serve as suspicious activity tripwires.” This outreach plan even included contacting so-called “mainline Catholic parishes” and the local “diocesan leadership.” 

The subpoena cover letter (full text) says in part:

The Committee on the Judiciary is conducting oversight of the Federal Bureau of Investigation’s (FBI) handling of domestic violent extremism investigations against Catholic Americans and its effect on protected First Amendment activity....

We have repeatedly sought information from the FBI relating to a January 23, 2023 document generated by the Richmond Field Office entitled “Interest of Racially or Ethnically Motivated Violent Extremists in Radical-Traditionalist Catholic Ideology Almost Certainly Presents New Mitigation Opportunities”.... In this document, the FBI purported to categorize Catholic Americans based on theological distinctions and relied on the Southern Poverty Law Center to suggest that certain kinds of Catholic Americans may be domestic terrorists.

A report by Bloomberg on the subpoena adds:

There was no immediate response from Wray, but he told senators last month that the document “does not reflect FBI standards” and the bureau “took steps immediately to withdraw it and remove it from FBI systems.”

“We do not conduct investigations based on religious affiliation or practices, full stop,” Wray told the Senate Intelligence Committee.

Wednesday, April 05, 2023

Maryland Attorney General Releases Report on Child Sexual Abuse in Baltimore Archdiocese

Maryland's Attorney General today released a Report on Child Sexual Abuse in the Archdiocese of Baltimore (full text). The 463-page report details abuse by each of 156 individuals , with the names of ten of the individuals redacted. The Report says in part:

As the case descriptions in this Report make clear, from the 1940s through 2002, over a hundred priests and other Archdiocese personnel engaged in horrific and repeated abuse of the most vulnerable children in their communities while Archdiocese leadership looked the other way. Time and again, members of the Church’s hierarchy resolutely refused to acknowledge allegations of child sexual abuse for as long as possible. When denial became impossible, Church leadership would remove abusers from the parish or school, sometimes with promises that they would have no further contact with children. Church documents reveal with disturbing clarity that the Archdiocese was more concerned with avoiding scandal and negative publicity than it was with protecting children.

WBAL's news story has additional details.

Tuesday, April 04, 2023

Catholic Media Group Can Move Ahead with Free Speech and Assembly Claims

In St. Michael's Media, Inc. v. Mayor and City Council of Baltimore, (D MD, March 31, 2023), a Maryland federal district court in an 80-page opinion allowed a conservative media organization that often criticizes the current leadership of the Catholic Church to move ahead with free speech and freedom of assembly claims against the city of Baltimore and the management of a city-owned concert venue.  The claims grew out of the cancellation of a contract for plaintiff to hold a conference and prayer rally to coincide with the Fall General Assembly of the U.S. Conference of Catholic Bishops. The court said in part:

St. Michael’s sufficiently alleges viewpoint-based discrimination.... St. Michael’s alleges that defendants cancelled the rally “specifically because they disapproved of the content and viewpoint of the speech that was expected to occur at the rally.”... St. Michael’s asserts that, when Voris spoke with Shea regarding the cancellation, “Shea told Mr. Voris that his office had received reports that St. Michael’s had ‘ties to the January 6 [2021] riot’ at the Capitol building in Washington, D.C.”.... As I acknowledged in granting the preliminary injunction ..., “invocation of the events of January 6, 2021, as horrifying as they were, cannot, without more, serve as a license for the City to dispense with its obligations under the First Amendment.”

The court however dismissed plaintiff's free exercise claim, saying in part:

[T]he Second Amended Complaint “does not raise any plausible suspicion”—even a slight suspicion—that plaintiff’s religious exercise was the “object” of the City’s decision to cancel the rally.

It also dismissed plaintiff's Establishment Clause claim, saying in part:

The only allegation in the SAC asserting City support for the USCCB is that “Shea unilaterally canceled St. Michael’s [sic] contract with SMG because the USCCB told him to.”...  [T]his still does not exhibit a religious preference. St. Michael’s bases this assertion on its belief that “Shea was told by USCCB members that the content of speech during St. Michael’s [sic] rally would be uncomfortable or offensive for the attendants of its Fall General Assembly to hear.”... Yet, the only religious element of the rally identified by St. Michael’s is praying the Rosary. There are no facts alleged to support the claim that defendants chose one religious group over another.

Tuesday, March 28, 2023

Prosecutors' Council Releases Report on Past Child Sexual Abuse by Catholic Clergy In Georgia

Last week, the Prosecuting Attorneys Council of Georgia released its Report of Child Sexual Abuse in the Archdiocese of Atlanta and the Diocese of Savannah (full text) (press release). The 267-page report stems from a review of Catholic Archdiocese and Diocese records, files, documents and reports. Church officials cooperated fully in the review. The Report concludes in part:

This file review did not uncover any current, ongoing, or unreported sexual abuse by priests or criminal conduct. It did reveal historical criminal allegations in Georgia against priests. None of those priests could be prosecuted because they are either deceased, have already been prosecuted or the statute of limitations expired long before the review was agreed to by the parties. The evaluation of the files also uncovered that the Church, outside of and within Georgia, relocated priests after they were accused of sexually abusing children. At times, it appeared the church did so without providing notice to officials in the new parish, diocese, or archdiocese of the prior accusations of sexual abuse of children....

Further, this review uncovered historical acts by the church and its personnel that enabled sexual abuse of minors by its priests and prevented the discovery and investigation of these acts by public or civil authorities....

[S]ince 2002, the Archdiocese of Atlanta and the Diocese of Savannah have been notifying the appropriate authorities either by contacting the Department of Family and Children Services or law enforcement of child abuse allegations reported to their organizations....

Atlanta Journal Constitution discusses the Report.

Friday, March 17, 2023

Albany, NY Catholic Diocese Files for Bankruptcy Reoganization

The Roman Catholic Diocese of Albany, New York announced that on Wednesday it filed a petition for bankruptcy reorganization in federal bankruptcy court.  The Bishop's letter to the faithful said in part:

We maintain global mediation would have provided the most equitable distribution of the Diocese’s limited financial resources but as more Child Victims Act (CVA) cases reached large settlements, those limited funds have been depleted. The Chapter 11 filing is the best way, at this point, to ensure that all Victim/Survivors with pending CVA litigation will receive some compensation. The decision to file was not arrived at easily, but we, as a Church, can get through this and grow stronger together.

To date, the Diocese has been named in more than 400 CVA lawsuits which were filed between Aug. 15, 2019, and Aug. 14, 2021. With the assistance of the Court and demonstrating its ongoing good faith commitment to Victim/Survivor claims, the Diocese has separately settled more than 50 CVA cases....

This filing also puts on hold the lawsuits involving the St Clare’s pensioners. That was not our purpose for filing. While many questions remain regarding the St. Clare’s pension fund, the plight of the pensioners is of great concern to me. The St. Clare’s pensioners are certainly close to my heart and, as I would do with anyone in a difficult situation, I offer my pastoral care.

CNA reports on the bankruptcy filing.

Wednesday, March 15, 2023

Catholic Diocese of Santa Rosa, California Files for Bankruptcy

Last week, the Catholic Diocese of Santa Rosa, California (the state's smallest Catholic diocese) announced that it is filing for Chapter 11 bankruptcy reorganization. According to the Diocese, the decision was made because of the large number of child sex abuse lawsuits filed against it during a 3-year window created by the California legislature for suits to be filed even though the statute of limitations had previously run. Some of the lawsuits relate to conduct that occurred as long as 60 years ago. The Diocese said in part:

These cases are too numerous to settle individually and so they have accumulated until the closing of the three-year window. Now that the window is closed, we have received notice of at least 160 claims and we have information that perhaps more than 200 claims have been filed in total against the Diocese.

 ... [I]n 2003 the Diocese faced similar circumstances but with many fewer cases. At that time excess property was sold, money borrowed and the Diocese paid approximately $12 million dollars with an additional $19 million coming from insurance. Since then, the Diocese has expended an additional $4 million on individual settlements. Now, facing at least 160 new cases, with excess property depleted, with insurance for many of the years either non-existent or exhausted it is impossible to see any way forward without recourse to the bankruptcy protections our Country makes available....

[W]e are deeply saddened that so many have endured abuse in the past and that the scourge of child sexual abuse is a part of our diocesan history. The present action of the Diocese is necessary and through this process we hope to provide for those who have come forward and who are yet to come forward at least some compensation for the harms they have endured.

Links to all the legal filings in the case are available at this website. Catholic News Agency reports on the bankruptcy filing.

Thursday, February 23, 2023

Catholic Bookstore Sues Challenging Florida City's Public Accommodation Law

Suit was filed yesterday in a Florida federal district court challenging the constitutionality of applying Jacksonville's public accommodation law to Queen of Angels, a Catholic bookstore. The complaint (full text) in The Catholic Store, Inc. v. City of Jacksonville, (MD FL, filed 2/22/2023) alleges Free Speech, Free Exercise and vagueness claims, saying in part:

Following a disturbing nationwide trend, the City has expanded its public-accommodation law to cover gender-identity discrimination and thereby require businesses to address customers using their preferred pronouns and titles regardless of a customer's biological sex. The law even prevents businesses from publishing "any communication" a customer or government official might subjectively interpret as making someone feel "unwelcome, objectionable, or unacceptable," such as statements opposing gender-identity ideology.

All this in turn puts Jacksonville's law on a collision course with the First Amendment and ... "Queen of Angels"...,.The bookstore also publishes a website (with blog) any YouTube channel to promote its Catholic faith and products.

As a Catholic bookstore, Queen of Angels follows Catholic teachings-- including the belief that God created everyone in His image, male or female, worthy of dignity and respect. The store serves and sells everything to everyone regardless of gender identity. The bookstore just cannot speak contrary to its beliefs-- to affirm, for example, the view that sex can be changed. So the store cannot use customers' pronouns or titles contrary to their biological sex. Queen of Angels must instead profess an ideological view it opposes....  In effect, the law requires this Catholic bookstore to stop being fully Catholic....

ADF issued a press release announcing the filing of the lawsuit.

Friday, February 17, 2023

Bankruptcy Reorganization Plan for Harrisburg Diocese Approved By Court

On Feb. 15, the U.S. Bankruptcy Court for the Middle District of Pennsylvania gave final approval to the Plan of Reorganization for the Catholic Diocese of Harrisburg. (Full text of Reorganization Plan.) (Announcement by Diocese.) A Questions and Answers document explaining the Plan says in part:

The Plan outlines how the RCDH and related entities will (a) establish a Survivor Compensation Trust, (b) provide funding to the Trust in an amount equal to $7,500,000 to provide financial restitution for survivors of clergy sexual abuse, and (c) adopt enhanced child protection protocols. In addition to the financial restitution from the RCDH and related entities, current and historical insurance providers will also contribute $10,750,000 to the Trust....

Prior to filing for reorganization, the RCDH authorized an independent Survivor Compensation Program be established, in order to provide financial restitution to abuse survivors. Through this program, $12,784,450 was provided to assist 111 survivors.... 

More than 60 proofs of claim were submitted during the reorganization process and may be eligible for financial distributions from the Survivor Compensation Trust....

The majority of the claims involve accusations against Diocesan priests. As part of the confirmation process, the Diocese issued a list of persons involved in the claims. That list is available www.hbgdiocese.org/reorganization-information. All claims of abuse received during the bankruptcy process were reported to law enforcement.

Links to all the major legal documents filed in the reorganization are available on the Diocese's website. WHP CBS21 reports on the Plan's approval. The Survivor's Network SNAP issued a press release reacting to the Plan approval.

Wednesday, January 11, 2023

Catholic Hospital's Denial of Gender Dysphoria Procedure Is Illegal Sex Discrimination

In Hammons v. University of Maryland Medical System Corp., (D MD, Jan. 6, 2023), a Maryland federal district court held that a hospital's refusal to allow plaintiff to have a hysterectomy performed at the hospital to treat gender dysphoria was sex discrimination in violation of the Affordable Care Act's discrimination ban. The hospital was originally a Catholic hospital, and when the University of Maryland System acquired it, the purchase agreement required it to continue to abide by the Ethical and Religious Directives for Catholic Health Services promulgated by the United States Conference of Catholic Bishops. In finding discrimination, the court said in part:

It may be true that St. Joseph prohibits medical personnel from performing hysterectomies on all individuals, regardless of sex, who do not have a medical need for that surgery—i.e., individuals who seek a hysterectomy solely for the purpose of elective sterilization. However, Mr. Hammons did have a medical need for his requested hysterectomy; he was not seeking a hysterectomy for the purpose of elective sterilization.

The court also concluded that since defendant is a wholly owned subsidiary of a state actor, a RFRA defense is not available to it. It added that even if defendant is considered a private actor, a RFRA defense is not available because RFRA only applies to burdens on free exercise imposed by the government. Daily Citizen reports on the decision.

Friday, December 30, 2022

Court Approves Bankruptcy Reorganization Plan for Santa Fe Archdiocese

The Catholic Archdiocese of Santa Fe, New Mexico announced yesterday that a U.S. Bankruptcy Court has confirmed a Plan of Reorganization that has been agreed to by the Committee representing victims of clergy abuse and by the Archdiocese. According to an Open Letter from the Official Committee of Unsecured Creditors recommending that abuse victims vote to accept the plan:

Under the Plan, the Debtor, its affiliates and their insurers will create a settlement fund of approximately $121.5 million (the “Settlement Amount”) upon the effective date of the Plan. The Plan also includes measures to enhance child protection, including the first-ever publication of abuse related documents through an archive administered by the University of New Mexico.

All the Chapter 11 Plan Documents are available on the Archdiocese's website. In announcing the court's confirmation of the plan, Archbishop Wester said in part:

While I hope and pray that the bankruptcy outcome will bring a measure of justice and relief to the victims of clergy sexual abuse, I realize that nothing can ever compensate them for the criminal and horrendous abuse they endured. I pledge that the Archdiocese of Santa Fe will remain vigilant in protecting children and young people from clergy sexual abuse, doing all we can to assure them of a safe and protective environment in the Catholic Church. We will continue to monitor the safeguards we have put in place and implement the non-monetary agreements....

Once again, I express my most profound sorrow and contrition for those who have endured clergy sexual abuse. This is a sin that cries to heaven for vengeance and which has no place in the Catholic Church: not now, not ever.

AP reports on the court's action and has additional background on the proceedings. 

Sunday, December 25, 2022

FDA Approves Label Change for Plan B Emergency Contraceptive: Not an Abortifacient

The U.S. Food and Drug Administration announced on Friday that it has approved a labeling change for the emergency contraceptive Plan B One-Step, sometimes known as the morning-after pill.  The labeling change states clearly that the medication is not an abortifacient.  The FDA says in part:

Plan B One-Step will not work if a person is already pregnant, meaning it will not affect an existing pregnancy. Plan B One-Step prevents pregnancy by acting on ovulation, which occurs well before implantation. Evidence does not support that the drug affects implantation or maintenance of a pregnancy after implantation, therefore it does not terminate a pregnancy.

The original label had been required to say in part: "this product works mainly by preventing ovulation (egg release). It may also prevent fertilization of a released egg (joining of sperm and egg) or attachment of a fertilized egg to the uterus (implantation)."

The FDA supports its conclusion that it does not affect implantation with a detailed Decisional Memorandum discussing more recent studies of the drug.

In the extensive litigation challenging rules under the Affordable Care Act that mandated health insurance policies cover contraceptive methods for women, religious objectors had pointed to Plan B as one of the medications that they considered an abortifacient because it could prevent implantation of a fertilized egg.  Also, since the Supreme Court's Dobbs case, abortion bans in some states might possibly be broad enough to cover medication that prevents implantation.

In a 2015 Memorandum, relying on research available at that time, the Catholic Medical Association rejected the use of Plan B even after a rape. AP reports on the FDA's approval of the labeling change.

Monday, December 19, 2022

Head of Priests for Life Defrocked by The Vatican

A letter and statement (full text) from the Apostolic Nuncio to the United States to U.S. Catholic bishops reports:

Rev. Frank Pavone, the founder of the organization, Priests for Life, Inc., was dismissed from the clerical state by the Holy See on 9 November 2022. This action was taken after Father Pavone was found guilty in canonical proceedings of blasphemous communications on social media, and of persistent disobedience of the lawful instructions of his diocesan bishop. 

Father Pavone was given ample opportunity to defend himself in the canonical proceedings, and he was also given multiple opportunities to submit himself to the authority of his diocesan bishop. It was determined that Father Pavone had no reasonable justification for his actions. 

Since Priests for Life, Inc. is not a Catholic organization, Mr. Pavone’s continuing role in it as a lay person would be entirely up to the leadership of that organization.

According to Catholic News Agency:

Pavone has been at odds with Bishop Patrick J. Zurek in Amarillo since the latter became bishop there in 2008. In 2011, Zurek publicly suspended Pavone, though Pavone later had the suspension overruled by the Vatican....

Pavone’s political activism played a role in his problems in Amarillo.

An outspoken supporter of former president Donald Trump, Pavone served on official Trump campaign outreach positions in 2016 and was originally a co-chair of Trump’s 2020 pro-life coalition, as well as an advisory board member of Catholics for Trump. Canon law forbids clerics from having an active role in political parties unless they receive the permission of their bishop. 

In November 2016, Pavone filmed a video at the Priests for Life headquarters, urging support for Trump. The video was staged with the body of an aborted baby laid before Pavone on what appeared to be an altar....

On his website, Pavone details his version of what happened in the video.... "[T]his was a table in our office, not a consecrated altar in a chapel"....

Thursday, December 15, 2022

Catholic Charities Is Not Exempt from Unemployment Compensation Statute

In Catholic Charities Bureau, Inc. v. State of Wisconsin Labor and Industry Review Commission, (WI App., Dec. 13, 2022), a Wisconsin state appellate court held that Catholic Charities and its sub-entities are not exempt from the Wisconsin Unemployment Compensation Act as organizations "operated primarily for religious purposes." It emphasized that the statute should be "liberally construed to effect unemployment compensation coverage for workers who are economically dependent upon others in respect to their wage-earning status." The court said that it must look to the work of Catholic Charities, not the Catholic Church itself, to determine whether there is an exemption.  Deciding that the court should look both to motives and activities, the court concluded that while Catholic Charities has a religious motivation for its work, the nature of its activities is not religious.  The court said in part:

[T]he activities of CCB and its sub-entities are the provision of charitable social services that are neither inherently or primarily religious activities. CCB and its sub-entities do not operate to inculcate the Catholic faith; they are not engaged in teaching the Catholic religion, evangelizing, or participating in religious rituals or worship services with the social service participants; they do not require their employees, participants, or board members to be of the Catholic faith; participants are not required to attend any religious training, orientation, or services; their funding comes almost entirely from government contracts or private companies, not from the Diocese of Superior; and they do not disseminate any religious material to participants. Nor do CCB and its sub-entities provide program participants with an “education in the doctrine and discipline of the church.”...

UPDATE: On Feb. 9, 2023, the original opinion was withdrawn and was replaced by this opinion on Feb. 14, 2023.