In a potentially huge decision, a federal bankruptcy judge has ignored the fact that the various parishes and schools in the Diocese of Spokane are each independent legal entities, making the full property of each available to be liquidated to pay off the sex-abuse settlements.[1] Mr. William Donahue, president of the Catholic League, and lawyers for the diocese both disagree with this decision, saying that it is a violation of the First Amendment. I will assume they know what they are talking about, that is more detail on the legal (both cannon and secular law) of the diocesan structure than I know. But beyond that, if the CNA articles[2][3] are correct, it seems like it would also be a violation of secular law to ignore the separate control of the parish assets. CNA looks at an uncited Forbes Magazine article from two years ago, saying that suing the Church has become a big business, and is no longer truly about the obligations of the Church to the victims. Mr. Donahue seems to agree, saying that the Judge has essentially given assent to efforts to destroy the Church, with the sexual abuse scandal serving merely as an excuse. As an example of this, he looks at the attacks on Archbishop Levada, newly elected head of the Congregation for the Doctrine of the Faith.[2] He questions the timing of the attacks, especially given the fact that Archbishop Levada was one of the first to seriously address the scandal.
Everyone knows that lawsuits are out of control in this country. We are so well aware of this fact that we joke about it, and Congress attempts (ineffectually) to stem the trend with legislation. Yet with the Church as the target, and with the excuse of "protecting the children," no one considers that there is a significant potential for false charges to be submitted by those simply looking for profit. Indeed, to even suggest that in many situations would doubtless cause me to be accused of insensitivity, cluelessness, and so on. Yet, as some priests have been found innocent, we know that this is not an idea that has occurred to me alone. It is reality, and so I think that Mr. Donahue may be right in stating that the time has come for the Church to bring cases to court, and fight against the otherwise certain destruction of dioceses. Because as courts mandate that churches and schools be sold, it will become harder and harder to meet the needs of the faithful.
[1] Catholic News Agency (CNA). "Diocese to appeal
court decision that parishes can be liquidated; claims breach of
church/state separation" Catholic News Agency (online) 2005-08-30.
http://www.catholicnewsagency.com/new.php?n=4749
[2] Catholic
News Agency (CNA). "Catholic League president: Church must start playing
hardball against victimization" Catholic News Agency (online)
2005-08-30. http://www.catholicnewsagency.com/new.php?n=4748
[3] Catholic News Agency (CNA). "Judge rules diocese can be liquidated
in sex-abuse case: questions arise about 'big business'" Catholic News
Agency (online) 2005-08-29
http://www.catholicnewsagency.com/new.php?n=4741