Christmas rant

I don't know if you caught this story which recently appeared in the Washington Post. I'll quote just a bit of it here:
St. Louis Archbishop Raymond Burke has excommunicated a priest and the board of directors of a traditionally Polish parish that resisted his efforts to put the parish's property and assets under his control.
Unlike most other Roman Catholic parishes around the country, St. Stanislaus Kostka's board -- not the archbishop -- has governed the parish's finances, according to an arrangement dating to the late 19th century.
Since Burke began serving as archbishop in January 2004, he had increased pressure on the parish to conform to current church structure and hand over control of its assets.
It seems that the event which precipitated the excommunication of this parish board was its decision to hire a pastor - Rev. Marek Bozek - without permission of the archbishop and that priest's decision to celebrate Mass on Christmas Eve. As the Post notes:
He [Archbishop Burke] said it [excommunication] was necessary, however, because [Rev.]Bozek planned to celebrate Christmas Eve Mass. Mass has not been celebrated since Easter at the parish, which saw its priests removed last year.
So Archbishop Burke (who last year threatened to withhold communion from John Kerry because of his position on abortion) is excommunicating Catholics for celebrating Midnight Mass! Is this a part of the "War on Christmas" which Fox News frequently denounces?
There is a more serious side to this dispute which I think goes to the heart of the recent scandals in the church. First, one must ask if this penalty is truly proportional to the "offense." I am not a canon lawyer but excommunication - according to this online Catholic encyclopedia - is
the principal and severest censure, is a medicinal, spiritual penalty that deprives the guilty Christian of all participation in the common blessings of ecclesiastical society. Being a penalty, it supposes guilt; and being the most serious penalty that the Church can inflict, it naturally supposes a very grave offence.
It is also one that has been brought into disrepute by its use for trivial offenses. Therefore, the Council of Trent urged that
it is to be used with sobriety and great circumspection; seeing that experience teaches that if it be wielded rashly or for slight causes, it is more despised than feared, and works more evil than good.
In the case of St. Stanislaus Kostka parish, the offense involved is the unwillingness of a parish to turn over to the archbishop control of its property and the hiring of a pastor without the approval of the ordinary. These may indeed be serious offenses, as they tend to undermine the discipline and authority of the bishop.
On the other hand, it is instructive to compare the "offenses" of this parish with those of the leadership of the Philadelphia diocese. According to an article in The Philadelphia Inquirer:
A Philadelphia grand jury this morning issued a scathing critique of the Archdiocese of Philadelphia, saying its former archbishops and other leaders concealed and facilitated clergy sex abuse of children for decades.
The grand jury, which investigated the archdiocese for more than three years, concluded that at least 63 priests - and probably many more - sexually abused hundreds of minors over the past several decades.
But even more disturbing, the jurors found, was the coverup by the two previous archbishops, Cardinals John Krol and Anthony J. Bevilacqua who, they concluded, "excused and enabled the abuse" and put the legal and financial interests and moral reputation of the archdiocese ahead of protecting the children entrusted to its care.
"...The behavior of Archdiocese officials was perhaps not so lurid as that of the individual priest sex abusers. But in its callous, calculating manner, the Archdiocese's "handling" of the abuse scandal was at least as immoral as the abuse itself."
Which is the graver offense - the unauthorized hiring of a priest and his celebration of Mass on Christmas Eve or actions which "excused and enabled" the sexual abuse of children?
But has the Church taken steps to excommunicate Cardinal Bevilacqua - or to sanction him in any way? Quite the contrary. Again, according to the Inquirer:
In a blistering 70-page response, the church rejected virtually the entire report, calling it "a vile, mean-spirited diatribe" - comparable to the "rampant Know-Nothingisms of the 1840s," a notorious period of anti-Catholic prejudice.
While condemning priests that abused, the church response vigorously defends Cardinal Krol and Bevilacqua. It says the DA's report is "rife with mistakes, unsupported inferences and misguided conclusions."
And the situation of Cardinal Bevilacqua is not unique. No Catholic prelate has been sanctioned, to my knowledge, in connection with the recent scandals involving sexual abuse of children. In this context of indulgence of serious abuse by church leaders, it can be argued that the actions of Archbishop Burke in excommunicating the leadership of a parish in a dispute over church property and clergy appointments is for a "slight cause" and therefore "works more evil than good."
The St. Louis dispute appears to be an artifact of the lay trustee system which flourished in the early American Catholic church. Under this system, according to Jay Dolan in The American Catholic Experience:
lay trustees, elected annually by those people in the parish who rented pews, presided over the government of the parish in the area of temporal affairs.
In fairness, early bishops, including John Carroll, did not accept the extension of lay authority to the selection of parish priests. Nonetheless, there was something undeniably American and democratic about the lay trusteeship system. Dolan calls it part of an effort "to adapt the European Catholic Church to American culture by identifying that Church with American republicanism."
When the bishops took steps to dismantle the lay trustee system, some congregations turned to the civil authorities for protection of the concept. Generally, they were unsuccessful. However, in 1855 the New York legislature enacted the Putnam Bill which, according to John Tracy Ellis, "would compel lay ownership of all church property and forbid a clergyman to hold property in hisn own name." Ellis calls it "a Know-Nothing triumph."
So we're back to the Know-Nothings - also accused by the Philadelphia archdiocese of inspiring the grand jury report. But think about it - would a system in which lay trustees owned church property and played a role in the selection of parish priests have been as susceptible to the clergy abuse scandal as the one we have now? Wasn't the hierarchy's unreviewable power to transfer priests the source of many of the abuses detailed by the Philadelphia grand jury?
One of the grand jury's recommendations was that the civil statute of limitations be eliminated in order to allow what it called a "travesty of justice" to be fully remedied. The dean of the Villanova law school has opposed the lifting of the statute of limitations on the ground, among others, that the additional liability created by such a change would impair the Church's ability to carry on its important charitable and educational work. In his interview with NPR, he noted that church members are not like stockholders in a corporation.
But isn't this precisely the problem? American corporations have greater accountability and transparency than the American Catholic Church. If corporate executives had committed the same transgressions as members of the episcopate, they could be removed from office by disgusted shareholders. In fact, those shareholders and their elected directors would properly share some of the blame for failing to exercise proper oversight.
The response of the U.S. Catholic Church to the sex abuse scandals has not involved any significant introduction of the concepts of accountability or transparency into church operations. So civil authorities may feel that the only way to hold church leadership accountable is by the extraordinary means of lifting the statute of limitations. A better solution might be a return to the principles of "American republicanism" that informed the lay trustee system.