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COVER STORY:
Canon Law
October 25, 2002    Episode no. 608
Read This Week's October 10, 2008
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Photo of Canon Law books BOB ABERNETHY, anchor: The Vatican and the U.S. Roman Catholic bishops this week named the eight members of a new joint commission that will be working to revise the American sex abuse policy adopted in June. Last week, Vatican officials said they could not yet approve the policy because it appeared to conflict with the Church's universal law. The four U.S. commission members are Cardinal Francis George of Chicago; Archbishop William Levada of San Francisco; Bishop Thomas Doran of Rockford, Illinois; and Bishop William Lori of Bridgeport, Connecticut. The other four members are representatives of Vatican agencies. The commission's daunting task is to achieve acceptable balance between major conflicting interests -- preventing future abuses without ignoring the civil rights of priests; respecting the different perspectives of Rome, the U.S. Bishops, and much of the U.S. laity -- and doing all this in ways that conform to Church canon law. Kim Lawton has our special report.

KIM LAWTON: At Catholic University in Washington, D.C., men and women study canon law -- the legal code that governs virtually every area of Roman Catholic Church life worldwide.

Experts here agree with the Vatican that certain parts of the U.S. Bishops' new policy on priestly sex abuse conflict with canon law.

Rev. JOHN BEAL (Associate Professor of Canon Law, Catholic University): The pendulum at one time was way over here in dismissing the complaints of victims and their families. I think in reacting, we have swung over this way in a rather high-handed way of dealing with priests who have only been accused at this point.

LAWTON: Vatican officials have three main objections to the charter adopted by the bishops in June. They think that definitions, including what actually constitutes sexual abuse, are too vague. They are also worried about the role and authority of the lay review boards that are working with bishops at the national and local level. And they're concerned -- perhaps most of all -- about the due process rights of accused priests.

Canon law, like western common law, says accused people should be considered innocent until their accusers have proven guilt. But under the bishops' charter, any "credible" accusation leads to the suspension of a priest -- perhaps indefinitely.

Photo of Rev. John Beal Rev. BEAL: To be judged credible, it's not clear what an accuser has to do. It is not proving beyond a reasonable doubt -- or with moral certainty, as canon law would have it -- that the offense occurred.

LAWTON: Canon law has a specific statute of limitations for sex abuse offenses. The Dallas policy has none. Under canon law, if a sanctioned priest appeals his punishment, the punishment should be suspended while the appeal is being considered. So far, that's not happening under the charter.

Some local dioceses have already generated controversy in trying to implement the charter. The Archdiocese of Baltimore, for example, drew fire for posting on the Internet the name of every priest who has been accused of sexual abuse.

Rev. BEAL: As with most legal systems, the legal system of the Church has to find a precarious balance between taking seriously claims of those who say they are victims of abuse and treating the accused fairly, as a valued member of the community.

LAWTON: Leaders of the lay advocacy group Voice of the Faithful acknowledge the importance of finding that balance.

Photo of Jim Post JIM POST (President, Voice of the Faithful): Our view is that injustice to anyone is injustice to everyone. So that you don't protect survivors better, or protect children better, by taking away the rights of priests.

LAWTON: But Voice of the Faithful and other groups worry that canon law wrangling will hinder the process started in Dallas.

Mr. POST: What concerns us most of all is that this could be another tactic to slow down, a kind of foot-dragging and backsliding, and that's unacceptable to us. I think the pressure that we all feel is the need to create safe parish environments as soon as possible.

LAWTON: Many American Catholics are also troubled by the Vatican's obvious concerns about the lay review boards that have already begun advising many local bishops. The national review board has been headed by Oklahoma Governor Frank Keating, an outspoken former prosecutor.

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Governor FRANK KEATING: This system cannot work, this healing cannot happen without a lay review board that is independent of the prelate, that has a majority of members that are independent of the Church who will say, enough!

LAWTON: In a speech earlier this month, Keating riled some Church leaders by urging laypeople to help keep bishops accountable.

Photo of Gov. Keating Gov. KEATING: If this is over and a bishop basically says, "Pound sand, I don't intend to have a lay board, I don't intend to implement these charter provisions," then what do we do? We vote with our feet and our pocketbooks. We go to Mass elsewhere. We go to Mass elsewhere, and we give elsewhere.

LAWTON: Some analysts say underlying all this is the Vatican's desire to protect Church authority.

Photo of Margarte O'Brien Steingels MARGARET O'BRIEN STEINFELS (Editor, COMMONWEAL magazine): The authority question I think both concerns the Vatican's own sense of its authority and its concern, the fear, that the bishops, in writing the norms as they did in Dallas, have turned their authority over to laypeople.

LAWTON: The sex abuse crisis has galvanized many laypeople to get more involved in Church affairs. Voice of the Faithful groups have sprung up across the country. Many had been meeting in local parish halls. But in recent weeks, more and more bishops have been banning Voice of the Faithful from church premises, citing concerns about divisiveness.

Mr. POST: When you lock doors, you lock minds. There simply cannot be reliance solely on Vatican authority, solely on the bishops, without full involvement of both the priests and the Catholic laity.

Photo of US Bishops LAWTON: Some Catholic leaders say the Vatican's response does not indicate any Church reluctance to deal with the sex abuse crisis.

Rev. BEAL: I don't think that should be seen as a lack of concern about the problem, but perhaps a judgment that this charter was thrown together a little quickly under too much media scrutiny in a pressure cooker, and that it has all of the telltale marks of a hasty job.

LAWTON: Bishop Wilton Gregory, president of the U.S. Bishops' Conference, says any revisions by the newly named joint U.S.-Vatican commission will strengthen and clarify the Dallas policy.

Bishop WILTON GREGORY: I don't believe this is a moment when we have to re-create the wheel.

LAWTON: The U.S. Bishops may ask the Vatican to grant them special exemptions from certain canon law provisions. And, since canon law has evolved over the centuries, another possibility could be the revision of canon law.

Ms. STEINFELS: This is a very serious and egregious problem that we have tried to deal with in this country. It's a problem elsewhere. Why shouldn't the Catholic Church itself be concerned to have reflected in its own rules and laws the idea that children need to be protected from sex abusers, clerical and otherwise?

LAWTON: Margaret O'Brien Steinfels spoke at the bishops' meeting in June. As they now move to address Vatican concerns, she says she'd like to remind them to hold firm on their parishioners' concerns as well.

Ms. STEINFELS: They are, after all, bishops in local dioceses in the United States. They are not bishops of Rome. I mean, they are appointed by Rome, but it seems to me they have two places to look at, and at this point in time, I think they really need to look at home more than they need to look at Rome.

LAWTON: The joint U.S.-Vatican commission hopes to complete its work by mid-November. That's when the U.S. Bishops will be gathering for their annual fall meeting. In the meantime, Bishop Gregory says each local diocese should still move forward to implement the Dallas policy. But given the uncertainties, some bishops say they'll wait -- at least another month.

I'm Kim Lawton in Washington.

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