Lawsuits

, , , , , ,

Big trend piece to consider: Could the Catholic church in New York file for bankruptcy?

, , , , , ,

The 2005 Pulitzer Prize-winning (and Tony Award-winning) play Doubt: A Parable is a fictional account that pits a progressive priest against a conservative nun. The plot involves allegations of sex abuse and a nun’s belief that he has engaged in some improper behavior after summoning the boy alone to the rectory. With no actual proof that Father Brendan Flynn is guilty of any crime, the priest’s fate is sealed and the audience is left with its own doubt about what may or may not have happened.

It was Mark Twain who famously said, “Truth is stranger than fiction.” In the case of the Catholic church these days, the takeaway from Doubt is something that can also be applied to the case of Australian Cardinal George Pell and New York’s recently-passed Child Victims Act. How are the two related? It’s something that could very well become a major story starting this summer.

Let’s start with Pell. As Julia Duin noted in this space, Pell was convicted in an Australian courtroom on charges he sexually abused two male altar boys about 20 years ago when he was archbishop of Melbourne on several occasions following Sunday Mass.

Pell’s lawyers argued their client had been surrounded by other clergy after Mass and that the sexual acts he’s accused of performing would have been impossible considering the complex layers of liturgical vestments he would have been wearing. Guilty verdict aside, the case was made even crazier when in December the judge issued a gag order — a blanket ban that said details of the trial could not be published — out of concern it could influence the jury in a second trial awaiting Pell. It was largely ignored, especially by news organizations outside Australia.

Whether Pell was found guilty because of anti-Catholic bias is one theory, but the overall takeaway here — editors and reporters take note — is that this case may serve as a bellwether of more to come.

Even in New York? In January, the New York state legislature and Gov. Andrew Cuomo, when not busy passing a law making it easier for abortions to take place in the third trimester, signed the Child Victims Act.

Under the new law, victims who survived sex abuse will be able to file civil lawsuits against abusers and institutions until they are 55 years old. The current law permits victims to sue until they are 23. The sticking point — and one the Catholic church had been fighting against for years — is a “look-back window” for victims who were previously prohibited by the statute of limitations to sue during a one-year period. This is where the Pell issue and “recovering memories” (which sometimes can trigger false memories) comes into play.


Please respect our Commenting Policy
, , , , , ,

Is Cardinal Pell a perpetrator or victim? Aussie media keep wavering between the two

, , , , , ,

Ever since Australia’s Cardinal George Pell was convicted of child abuse, the journalism folks Down Under have been split on if he’s actually guilty or whether he’s the target of a vicious anti-Catholic campaign.

Reaction to his conviction and jailing (the sentencing isn’t until March 13), has rippled across the Pacific, prompting Ethics and Public Policy scholar George Weigel (writing at First Things) to call the Pell affair “our Dreyfus case.”

(Capt. Alfred Dreyfus was a French Jew and a military man who was wrongly pilloried and imprisoned in 1894 on charges of selling secrets to the Germans. He was declared innocent in 1906, but the matter was considered as barbaric anti-Semitism on the part of the French. The conflict tore at the heart of French society.)

I’ll get back to Weigel in a moment but first I want to quote from a piece BBC recently ran on all this.

Cardinal George Pell is awaiting sentencing for sexually abusing two boys in 1996. The verdict, which he is appealing against, has stunned and divided Australia in the past week.

It has sparked strong reactions from the cardinal's most prominent supporters, some of whom have cast doubt on his conviction in a wider attack on Australia's legal system.

The largely conservative backlash features some of Australia's most prominent media figures, a university vice-chancellor and a leading Jesuit academic, among others.

Former prime ministers John Howard and Tony Abbott also continue to maintain their public support for the ex-Vatican treasurer.

The reporter then reports on her visit to St. Mary’s Cathedral in downtown Sydney where the parishioners predictably claimed that Pell is innocent. The reporter then interviews another journalist who has an obvious vested interest in Pell (notice the book title) being guilty.

Such stances have caused profound hurt to survivors, says ABC journalist Louise Milligan, author of the book Cardinal: The Rise and Fall of George Pell.

"I've been contacted by many, many Australian Catholics who are devastated by the way the Church is handling this issue," Milligan told the BBC.

"They are also greatly upset that political leaders continue to side with a convicted paedophile — and that is what Pell is, a convicted paedophile — over his vulnerable victim and the grieving family of his other victim." (One victim died of a drug overdose in 2014.)

The article then swings back to Pell’s defense.


Please respect our Commenting Policy
, , , , , , , , , , ,

Another Masterpiece Cakeshop chapter closes, with a bland AP report that skips hot details

, , , , , , , , , , ,

It’s another day and we have yet another chapter closing in the First Amendment drama of Jack Phillips and his Masterpiece Cakeshop.

Is this the last chapter?

That’s hard to tell. It’s especially hard to tell in the bland Associated Press report that is being published by many mainstream newsrooms. While the story does mention that Phillips has won another partial victory, it misses several crucial details that point to the anger and animus that has been driving this case all along and could keep it going.

“Animus” against Phillips and his traditional Christian faith was, of course, at the heart of the U.S. Supreme Court’s sort-of decision on this matter, but, well, never mind. Why cover that part of the story?

So here is the latest from AP:

DENVER (AP) — A Colorado baker who refused to make a wedding cake for a gay couple on religious grounds — a stance partially upheld by the U.S. Supreme Court — and state officials said Tuesday that they would end a separate legal fight over his refusal to bake a cake celebrating a gender transition.

Colorado Attorney General Phil Weiser and attorneys representing Jack Phillips said they mutually agreed to end two legal actions, including a federal lawsuit Phillips filed accusing the state of waging a “crusade to crush” him by pursuing a civil rights complaint over the gender transition cake.

Phillips’ attorneys dubbed the agreement a victory for the baker. Weiser, a Democrat, said both sides “agreed it was not in anyone’s best interest to move forward with these cases.”

So what about the future? Here is what readers are told:

The agreement resolves every ongoing legal dispute between the owner of Masterpiece Cakeshop in suburban Denver and the state. Weiser’s statement said it has no effect on the ability of the Denver attorney who filed a complaint with the Colorado Civil Rights Commission to pursue her own legal action.

The attorney, Autumn Scardina, told the commission that Phillips refused last year to make a cake that was blue on the outside and pink on the inside for a celebration of her transition from male to female. She asked for the cake on the same day the U.S. Supreme Court announced it would consider Phillips’ appeal of a previous commission ruling against him.

The lede for this story, as is the mainstream news norm, fails to note the key facts that were at the heart of the original case.


Please respect our Commenting Policy
, , , , , , , ,

Covington Catholic update: Was that epic late-Friday Washington Post correction a good move?

, , , , , , , ,

If you’ve ever worked as a journalist in Washington, D.C., you know that things often go crazy right about 5 p.m. on Fridays.

It’s the end of the work week. Most of the power brokers have headed for home, their home back in their home district (or state) or that special weekend home where they relax in private. They have turned off their “official” cellphones or left them at the office. Many of their gatekeepers — the folks who negotiate media contacts — have flown the coop, as well.

In newsrooms, the ranks are pretty thin, as well.

Professionals inside the Beltway knows that this dead zone is when savvy press officers put out the news that they hope doesn’t end up in the news. This tactic worked better before Twitter and the Internet.

Thus, the Washington Post posted an interesting editor’s note or correction at the end of the business day this past Friday linked to one of the biggest religion stories of the year — the March for Life drama featuring that group of boys from Covington Catholic High School, Native American drummer-activists and amped-up protesters from the Black Hebrew Israelites (click here for various GetReligion posts on this topic).

It appears that Mollie “GetReligionista emerita” Hemingway was either the first pundit or among the very first to spot this interesting Friday dead-zone PR move by the Post.

If you travel back in time, here is the lede on one of the key “Acts of Faith” pieces about this controversy:

A viral video of a group of Kentucky teens in “Make America Great Again” hats taunting a Native American veteran on Friday has heaped fuel on a long-running, intense argument among abortion opponents as to whether the close affiliation of many antiabortion leaders with President Trump since he took office has led to moral decay that harms the movement.


Please respect our Commenting Policy
, , , , , , , ,

Cardinal Pell story is an extremely tangled web, but readers need alternative media to know that

, , , , , , , ,

I hadn’t been following the child abuse charges against Australian Cardinal Pell all that much because I assumed, based on the evidence, that they were somewhat plimsy and would never stick.

But they did — in a series of trials that are as odd as they come. At the heart of the proceedings there was a single witness and what appeared to be “recovered memories” of abuse.

The end result? A cardinal is now in jail and a bunch of journalists have been handed the Aussie equivalent of contempt-of-court charges.

This is a complex story that I’ll do my best to break down, starting with what CruxNow ran in December:

NEW YORK — In a decision that will undoubtedly create shockwaves around the globe, Cardinal George Pell, the most senior Church official to stand trial for sexual abuse, was found guilty on Tuesday by a Melbourne court.

In one of the most closely watched trials in modern Catholic Church history, after nearly four full days of deliberations, a jury rendered unanimous guilty verdicts on five charges related to the abuse of two choirboys in 1996.

The trial, which began on November 7, has been subject to a media blackout at the request of the prosecution, and follows a first trial in September ended after a jury failed to reach consensus.

Pell, who is 77 years old, is currently on a leave of absence from his post as the Vatican’s Secretary for the Economy.

In June 2017, Pell was charged by Australian police with “historical sexual assault offences,” forcing him to leave Rome and return home vowing to “clear his name.”

Technically, CruxNow wasn’t supposed to run that story because of this media blackout, aka a suppression order, that media around the world were supposed to follow. Of course, lots of news sources outside of Australia’s borders refused to go along.

The charges concern a claim that Pell sexually abused two male altar boys about 20 years ago when he was archbishop of Melbourne and that he did so on several occasions following Sunday Mass.

His lawyers have said that Pell was constantly surrounded by other clergy after Mass and there’s not a chance he could have gotten alone with some altar boys. Also, the sexual acts he’s accused of performing are impossible considering the voluminous, complex layers of liturgical vestments he would have been wearing — vestments that require the help of a second cleric to put on and remove.


Please respect our Commenting Policy
, , , ,

The 'Uncle Ted' McCarrick saga continues: A second priest spills all to the Washington Post

, , , ,

The second shoe dropped Saturday when the Washington Post came out with the on-the-record account of another priest who’d been sexually abused by former Cardinal Theodore McCarrick.

By “shoes,” I mean the three former New Jersey priests who filed lawsuits against the Catholic Church or one of its dioceses regarding McCarrick. The first ‘shoe’ was Robert Ciolek, who went public early on in this saga. The other two were refusing to talk until now.

When reading this story, let’s keep the big picture in mind. The key questions remain: Who moved McCarrick higher and higher in the church, while reports circulated about his private affairs? Who protected him later? Who benefited from his favors?

Now, back to the new chapter in this story:

Less than a week after Theodore McCarrick became the first cardinal ever defrocked, a New Jersey priest has for the first time agreed to be interviewed about his accusations that McCarrick sexually abused him in the 1990s and the effect the alleged abuse has had on his life and career.

In exclusive interviews with the Post, the Rev. Lauro Sedlmayer said the interactions with McCarrick, who was then his archbishop, in Newark, set off a downward spiral that severely damaged his psyche and career. Now 61, the priest says he told three bishops but nothing was done.

Note the crucial detail: Bishops were informed about this and nothing happened.

The Post folks have known about this guy since last summer. I wrote about that here, but it’s taken eight months for this guy to go on the record. Better late than never.

The Brazilian-born Sedlmayer has been in a tense stand-off with his superiors for a decade, with both sides filing lawsuits and accusations of sexual and financial impropriety on each side.

Sedlmayer says much of his troubles began with what he recently described in written testimony to Vatican officials investigating McCarrick as “sexual battery.”


Please respect our Commenting Policy
, , , , , , , , ,

The 'Catholic Church' destroyed files about abuse cases. OK, who did this? Where? Everywhere?

, , , , , , , , ,

We have some real, live news coming out of the Vatican conference that is focusing on clergy sexual abuse of “children,” and maybe a few other kinds of victims.

It’s big news. But one or two of the most important facts in this story are still missing.

Looking at the coverage, it would appear that these holes are probably not the result of bad or shallow reporting. The holes may be intentional, in terms of a German cardinal’s remarks that were stunning, but also rather vague.

Let’s look at the top of a report in the National Catholic Reporter, which — as I typed this post at mid-day — had the most information in it. You can see the big hole right in the headline: "

Cardinal admits to Vatican summit that Catholic Church destroyed abuse files.

What, precisely, is the “Catholic Church”?

I realize that the Church of Rome is one church, with one leader in the Chair of St. Peter, but — at the level of administration and the supervision of priests — it is actually a complex network of ecclesiastic bureaucracies at the local, national and global levels. Let’s look at the overture in that story. This is long, but essential as journalists look forward:

VATICAN CITY — A top cardinal has admitted that the global Catholic Church destroyed files to prevent documentation of decades of sexual abuse of children, telling the prelates attending Pope Francis' clergy abuse summit Feb. 23 that such maladministration led "in no small measure" to more children being harmed.

In a frank speech to the 190 cardinals, bishops and heads of religious orders taking part in the four-day summit, German Cardinal Reinhard Marx said the church's administration had left victims' rights "trampled underfoot" and "made it impossible" for the worldwide institution to fulfill its mission.

"Files that could have documented the terrible deeds and named those responsible were destroyed, or not even created," said Marx, beginning a list of a number of practices that survivors have documented for years but church officials have long kept under secret.


Please respect our Commenting Policy
, , ,

Gay students clashing with Christian clubs: Inside Higher Ed needs more balanced coverage

, , ,

Usually I like the articles that Inside Higher Education comes up with, but its recent piece about a lawsuit involving the University of Iowa was so biased, I first thought it had appeared in a college newspaper.

The intro read thus: “Judge says university cannot deny recognition because of antigay rules. But decision says main flaw at Iowa is inconsistent enforcement, not the rules themselves.” As in, it’s wrong to use one standard for religious groups and another for secular causes?

Why is believing that marriage between a man and a woman — a concept supported by every major religion for thousands of years — automatically “anti-gay?” That slur tints the article, which continues:

A Christian student group at the University of Iowa can’t be stripped of its affiliation with the institution, even if its members follow a “statement of faith” that bans those in LGBTQ relationships from leadership roles, a federal judge ruled Wednesday.

The decision by Judge Stephanie M. Rose has alarmed advocates for queer men and women. They are worried it would open the door for a challenge of a U.S. Supreme Court case from 2010 that allows colleges and universities to enforce anti-discrimination policies, even when student religious organizations claim those policies infringe on their beliefs. That ruling requires colleges that want to enforce such anti-bias rules to apply them to all groups equally. Judge Rose's decision, however, suggests that her ruling may be relevant only to circumstances at Iowa.

But how did the other side respond to the ruling? We’re not told up front.

The clash between Iowa officials and Business Leaders in Christ began in 2016.

A gay student had approached the then president, Hannah Thompson, about becoming vice president and, during a discussion, disclosed to her his sexuality.

Did this student just show up from out of nowhere or was he a part of this business club? We’re not told. (This Associated Press piece on the matter says he was.)

The student, whose name has never been publicly released, was denied the leadership post. Thompson said this was because of his “desire to pursue a homosexual lifestyle/relationship,” according to court documents.


Please respect our Commenting Policy
, , , , , , , , , , , ,

Solid, if low key, coverage of Muslim inmate executed in Alabama -- without his imam present

, , , , , , , , , , , ,

It was the kind of outrageous story that grabbed the attention of GetReligion readers, as well as old-school First Amendment liberals who care deeply about protecting religious liberty.

Plenty of journalists saw the importance of this story last week, which tends to happen when a dispute ends up at the U.S. Supreme Court and creates a sharp 5-4 split among the justices.

The question, in this case, was whether journalists grasped some of the most symbolic, painful details in this execution case in Alabama. I looked at several stories and this USA Today report — “Alabama executes Muslim inmate Domineque Ray who asked for imam to be present“ — was better than the mainstream norm. Here is the overture:

MONTGOMERY, Ala. — Alabama death row inmate Domineque Ray died by lethal injection Thursday evening with his imam present in an adjoining chamber. …

Ray was executed after an 11th-hour ruling from the U.S. Supreme Court vacated a stay of execution pending a religious rights claim. Ray, a Muslim, had argued Alabama's practice of including a Christian prison chaplain in the execution chamber was in violation of the First Amendment. Ray sought to have his imam present in the death chamber at the time of his death.

Imam Yusef Maisonet, Ray's spiritual adviser, witnessed Ray's execution from a chamber which held media and prison officials. Two lawyers accompanied Maisonet.

When the curtain opened at 9:44 p.m., Ray lifted his head from the gurney, looking into the witness room. With his right hand in a fist, he extended a pointer finger.

Maisonet appeared to mirror the gesture and murmured that it was an acknowledgement of the singular God of the Islamic faith. When asked if he had any final words, Ray gave a brief faith declaration in Arabic.

OK, I will ask: What did Ray say, in Arabic? Did he speak Arabic? If not, then the odds are very good that Ray’s final words were a memorized quote from the Koran. It would have been good to have known the specifics.

That’s an important missing detail, but not the key to this story. The big issue, in this case, was that Ray was executed without a spiritual leader from his own faith at his side. USA Today managed to get that detail — along with the crucial fact that state policy only allowed a Christian chaplain in the execution room — at the top of this report. That’s where those facts belonged.


Please respect our Commenting Policy