“Render Unto Caesar”
The Bankruptcy Case of the Archdiocese of Portland, Oregon
Bill Kirtley
CentralTexasCollege
Introduction
What is going on just now? What’s happening to us?
(Foucault, 1977, p. 120).
Everyone liked my classmate, Joe Baccellieri. He entered the seminary after high school and became a priest. In 1993, he admitted he abused three students while serving as band director at our alma mater, Central Catholic High School. I wrote this paper to better understand why he did what he did and, in so doing, discovered some things that lead me to caution bishops and archbishops from considering bankruptcy as a way of dealing with the claims of those sexually abused by priests.
The Archdiocese of Portland sought the protection of the bankruptcy court in 2004. A mediation process began in 2005, but it could take several years before the parties in dispute reach a settlement. Meanwhile, the court manages the operations of a spiritual institution and the Archdiocese of Portland pays thousands of dollars every month for legal fees. However, the principle reason why archbishops should avoid bankruptcy is to prevent the loss focus on the victims. My thesis is that Archbishop John G. Vlazny gained an appreciation of the evil of clergy abuse through his apology to the victims, but lost that sentiment once he involved his archbishopric in the adversarial proceedings bankruptcy court.
Michel Foucault, the postmodernist philosopher, discarded history in favor of “multiple, overlapping, and interactive underlayers” of what those in power kept “suppressed and unconscious in and throughout history” (Appignanesi. 1995, p. 83). A historical approach alone cannot resolve the problem of my personal involvement in this case as a practicing Roman Catholic, named in the class action suit, and acquainted with many of the actors in the story. The solution lies in examining the rational and emotional aspects of the problem at three different levels.
I first present an overview of the problem of the abuse of children by priests in the United States in the first level and then narrow the topic to the stories of three abusive priests in the second level. Victor Turner, the political anthropologist, labeled the third level, the arena, “the concrete settings” in which groups transform paradigms into metaphors and symbols (1971, p. 17). Events at this level occurred in bankruptcy court where lawyers contested for scarce resources – money.
I concur with Turner’s contention that multiple theories wring more out of the evidence than a single comprehensive theory and applied his notion of social drama to three cases of sexual abuse by priests (1971). I also employed Fairtlough (2005) and Leavitt’s (2005) critiques of hierarchy and Greeley’s (2004) inside look at the priesthood. I used Lanning’s (2001) continuum on the behavior of sex offenders, Tannenbaum and Becker’s labeling theory (1966), and Sykes and Matza’s theory of neutralization (1988). I made use of Tavuchis’ (1991) insight into the nature of apologies to understand the effects of Vlazny’s admission of guilt and expression of sorrow, and Bailey’s (2001) games theory in analyzing the high stakes competition of bankruptcy court.
Level I - Priest Abuse in the United States
If anyone destroy the temple of God, him will God destroy;
for holy is the temple of God, and this temple you are.
1 Corinthians Ch. 3, v. 17-19
Pope Benedict, commenting on the sex abuse of children by clerics noted, “The wounds caused by such acts run deep” (Rizzo, 2006, p. 8A). This brief overview of the topic in the United States begins with a survey of the literature, discusses the effects of hierarchy, and provides analysis and conclusions.
Review of the Literature - A survey of literature on the sex abuse of minors by priests indicates that church hierarchies operated in similar ways throughout the United States. The first literature on the subject appeared in the 1980’s. Newspapers exposed clerical pedophiles such as Thomas Laughlin in Portland (1983), Gilbert Gauthe in Louisiana (1983), and Mel Balthazar in Idaho (1985). Jason Berry expanded his investigation of Gauthe into an analysis of the problem nationally in Lead Us Not Into Temptation (1992). The crisis reached its peak in 2002 with revelations in the Boston Globe about molestation of minors by priests in the Archdiocese of Boston.
Laurie Goodstein in a New York Times article reported that over 1,200 priests abused more than 4,000 children during the last sixty years (2003, p. 1). Goodstein argued that even though victims accused a small number (1.8% of all priests) the problem “was deeply embedded in the culture of the Catholic Priesthood” (2003, p. 1). The repressive atmosphere of the seminary socialized immature young men into a culture of denial according to Goodstein. Clergymen left the ministry at a rate of one percent a year, leaving behind a greater percentage of “conservative, gay, or maladjusted” clerics (Goodstein, 2003, p. 2). She further asserted that a sub-category of literature existed within the Catholic community. Conservative Catholics, like Berry, blamed the crisis on a clerical culture “that tolerated pedophiles and sexually active gay priests” (1992, p. 135).
Liberal Catholics like Andrew Greeley in Priests, A Calling in Crisis (2004) argued that an aristocratic and sclerotic Church hierarchy created a clerical culture where sex abuse by priests could occur and then covered it up (2004, pp. 86-99). He cited evidence from a Los Angeles Times survey (2003) that most priests were happy and well adjusted. Those who left the priesthood did so primarily because of job dissatisfaction, Greeley argued that pedophilia was a complex sexual disorder and that there was no statistical difference between the rates of abuse for married Protestant ministers and Catholic priests (2004, pp. 50-53). He concurred with the evidence presented by Karen Lebacqz in Gay Catholic Priests and Clerical Sexual Conduct (2004, pp. 201-3) that neither homosexuality nor celibacy caused the problem of sexual abuse by priests.
Kenneth Lanning, a retired FBI agent, provided insight on the pathology of those who sexually abused children. He asked law enforcement agents to look at a continuum of behavior from situational to preferential in, Child Molesters: A Behavioral Analysis (2001). Situational sex offenders are “not primarily erotically attracted to children, but are in positions where children were the most readily available for sexual acting out and where the children were too vulnerable to mount effective protests” (Lebacqz, 2004, p. (203). Other abusers fall into the category of preferential sex offenders, a term synonymous with pedophiles. They fuel their compulsive sexual desires for children with erotic fantasy, use their adult status to seduce large numbers of children, and prefer boys as victims.
Hierarchy – Some history is necessary to explain how the Church developed its rigid hierarchy. The early Church assumed a decentralized structure, but adopted the hierarchical organization of the Roman Empire during the rule of Constantine (311-357 AD). The root word for hierarchy means “high priest” (Fairtlough, 2005, p. 8). Leavitt argued that the Church based its hierarchy on the nine choirs of angels “divided into various orders or grades, in which the inferior are subject to and yield obedience to the higher orders” (Leavitt,2005, p. 2). Thomas Barth, of the University of North Carolina, observed that texts in organization theory often cite the Church as a “classic bureaucracy, characterized by a hierarchical command, extensive rules and regulations, specialized rules and responsibilities” (2006, p. 1).
Authority in the Church’s celibate male hierarchy starts with the Pope. Catholics use Vicar as a title for the Pope, a term that means he is a surrogate for Christ. The Church considers the Holy Father infallible when speaking ex cathedra on matters of faith and morals. The Supreme Pontiff appoints cardinals, archbishops, and bishops. The latter two administer archdioceses or dioceses, control seminaries, and ordain priests. Dress symbolizes position. Saunders noted that Popes wear white and gold robes and carry a bent crosier (2003). Cardinals don scarlet garments and wield a straight staff. Bishops wear a pectoral cross. Most priests favor Roman collars. Conservative clerics favor black cassocks.
Theologians compared the Church to the Body of Christ, with the Clergy as the head. Those who take the metaphor of the parish cure¢ as a stand-in for Christ literally, are not likely to report child abusers to the authorities. Cardinals promise the Pope to keep secret, anything that might bring scandal to the Church. Priests prostrate themselves during the ordination as a sign of fealty to the bishop. Michael Papesh, a priest and a victim of abuse by a priest, noted that a priest’s ordination places an indelible mark on his soul that “by implication makes the priest and the bishop ‘other than’ the laity, placing them above lay people” (2005, p. 35).
Economics reinforced hierarchical authority. There is a shortage of priests. Tod David Brown, the bishop of Boise told me that his job was to get the most out of limited human resources (Personal Interview, 12 December 1996). A bishop, with a reputation for taking care of priests, attracts clergy from orders and other dioceses. The more priests in the diocese, the more the bishop can meet the needs of the faithful. It is not in his interest to remove priests from the ministry (Greeley, 20004, 103). The hierarchy of the Church did not want to understand the true nature of pedophilia because they placed the need for more priests ahead of the safety of children in their care.
The Church gave priests power over their victims. They silenced clergy and laity who spoke out about sex abuse by priests. They labeled those who protested mutinous and termed those who left the priesthood treasonous. (Fairtlough, 2005, p. 26). Greeley described the Church as a hierarchy “in which transparency across levels is almost nonexistent” (2004, p. 86).
Analysis - Fairtlough notes that hierarchies enjoy formidable advantages: prevention of chaos, discipline, leadership, motivation, and identity (2005, p. 45). For these reasons, the Church is not likely to change its basic organization. However, leaders that realize the deficiencies of a hierarchy can improve communication and implement what Fairtlough describes as, “smaller, short-term changes” that “downgrade hierarchy” (2005, p. 93). The Archdioceses of Cleveland and Philadelphia demonstrated two ways to do just this. Papesh organized large and small group exercises among priests to promote a healthier clerical culture in the Archdiocese of Cleveland (2004, p. 5). Cardinal Justin Rigali called the Presbyterium of Philadelphia together to listen to victims of sex abuse by clergy (Dale, 2006, p. A7).
The United States Council of Catholic Bishops checked the power of individual bishops by providing horizontal or peer accountability. They admonished their members to “to act with less secrecy, more transparency, and more openness to the greater gifts that all members of the Church bring her” (National Review Board for the Protection of Children and Young People, 2004, p. 44).
Barth suggests dioceses consider the flattened hierarchy employed by religious orders (2005,
p. 25). One-third (about 15,000) of the priests in the United States belong to orders like the Jesuits and Franciscans (Donovan, 2002, p. 1). They take the same vows of chastity and obedience that diocesan priests take, with the addition of a vow of poverty. They elect their leaders and live in communities. This structure fosters a more democratic and accountable culture than that found in dioceses. Barth argued that the rate of sexual abuse of children by clergy in religious orders was lower than that in dioceses (2.5% to 4.3%) because religious orders employ less rigid hierarchies. (John Jay College, 2004, p. IX).
The Archdioceses and dioceses of the United States eventually recognized the problem fostered by a rigid and aristocratic hierarchy and took steps to solve the problem. However, before that happened dioceses across the United States underwent a slow and painful process in learning how to deal with sex abuse of children by priests and deacons.
Conclusion - Allowing Catholic priests to marry might make for a more understanding clergy, but would not eliminate the disgrace of clergy abuse. Pedophiles sexually desire children. The Conservatives’ solution of ridding the priesthood of homosexuals won’t solve the scandal either: homosexuals are not the problem. The zero tolerance policy adopted by the US Council of Bishops drastically reduced the number of cases, but real reform will take place only if the Church adopts practices to ameliorate the negative aspects of its rigid hierarchy. A good place to start is in the Archdiocese of Portland, an administrative district that covers all of western Oregon from the Washington border to the California border and from the Pacific Ocean to the crest of the Cascade Mountains.
Level II - Priest Abuse in the Archdiocese of Portland
For the law appoints as priests men who are weak
The Epistle of Paul to the Hebrews, Chapter 7, Verse 28.
Vlazny sent a letter to the parishes of Western Oregon in 2004 that provided information on the number of priests in the Archdiocese of Portland accused of molesting minors. One hundred eighty-one individuals made allegations of sexual misconduct against 37 priests in the years 1950 through 2003. Individuals made 67 of these accusations Maurice Grammond and Laughlin (2002).
Green and Woodward reported that an examination of bankruptcy records filed by the Archdiocese of Portland showed a far greater number of accusations than reported by Vlazny: 368 allegations of sexual abused against 133 priests, religious order clergy, nuns, and other lay Catholic workers or volunteers for the same period of time (2006, p. A9). The records also showed 59 accusations against Grammond and $29,904,500 paid in settlements, 38 accusations against Laughlin and $11,106,715 paid in settlements (2006, p. A9).
Bud Bunce, spokesman for the Archdiocese of Portland, accounted for the discrepancies by noting that Vlazny did not include individuals belonging to religious orders in his figures and that new accusations arose as a result of bankruptcy (2006, p. A9). Bill Crane, leader of the Oregon Survivors Network of Those Abused by Priests (SNAP) commented, “The hierarchy of the Catholic Church always takes the path most advantageous to itself” (Lattin, 2004, p. B1).
Vlazny noted that a 1991 Oregon law allowed adults to sue for sexual abuse that had occurred decades ago, and held an employer liable for the actions of its employees, even if there is no evidence the employer knew about such misconduct (Major, 2004, p. 1). Vlazny commented that in many cases the accused priest had died. Jeff Anderson, an attorney who specializes in child abuse cases, observed that while the archdiocese cannot call a deceased priest to defend himself, neither can claimants secure an admission of wrongdoing (Wilson, 2000, p. A1).
Every allegation of molestation fulfilled Turner’s definition of a social drama (1991, pp. 33-34). Each one is a real-life tragedy that began with an egoistic breach of norms, demonstrated increasing tension until the perpetrator was caught, and ended when society demanded redressive action. The denouement for many victims will come only when the parties in contention reach a settlement. However, three cases are worthy of detailed analysis because they resulted in a clear change of policy by the Archdiocese of Portland: Laughlin, Maurice Grammond, and Joseph Baccellieri.
Laughlin – I was a student in Laughlin’s Latin class for two years, his cold calculating personality frightened me. Diocesan priests viewed him differently. They elected him head of the Priests’ Senate. Laughlin counted wealthy Portlanders as friends and earned a reputation as a fundraiser, excellent qualifications for a future bishop. In 1965, a student at Central Catholic charged Laughlin with sexual abuse. Archbishop Robert Dwyer’s response was to reward Laughlin with the pastorate at St. Mary’s Parish in Corvallis and later, of All Saints Parish in Portland. Michael Wilson of the Oregonian related that Rev. George Gage, assistant pastor at All Saints, wrote two letters to Dwyer’s successor, Archbishop Cornelius Power, stating that Laughlin took boys to his bedroom in the rectory (2000, p. A01).
An irate parent finally reported the abuse to the police. Portland District Attorney Michael Shrunk brought charges against Laughlin in 1983. During his hearing, Laughlin complained of depression and bemoaned his personal hell on learning he was under investigation by the police (Staley, 1983, p. 5). Rev. Liam Carey, who attended the trial, called Laughlin a “master manipulator” who blamed his failings on Vatican II changes in moral theology (Personal Interview 2006, 21 October).
Laughlin pleaded guilty to two counts of criminal sex abuse and avoided jail time by opting for psychological treatment. On his way to the treatment center in New Mexico, he stopped in Las Vegas with his eighteen-year-old male lover. When the judge discovered the details of the trip, he sentenced Laughlin to six months in jail. Laughlin resided in New Mexico upon serving his sentence and completing therapy, Attorney Michael Morey represented a client from New Mexico who claimed Laughlin abused him over a period of five years (Morey Website 2004). The Church defrocked Laughlin only after learning that after moving to San Diego, he treated his lover to a cruise and a trip to Europe (Michael Morey website, 2004).
Sociologists Frank Tannenbaum and Howard S. Becker (1966) theorized that once a person accepts a label like pedophile, they engage in even more disturbing behavior. They called this phenomenon a dramatization of evil (Wikipedia, 2006). As a result, the Archdiocese adopted tough new reporting requirements. Archdiocesan lawyer, Tom Dulcich, summed up the effect of the case, “It sort of changed the way things were looked at” (qtd. by Wilson, 2002, p. A01).
Grammond – The priests of the archdiocese considered Grammond a journeyman, an undistinguished hypochondriac condemned by his own mediocrity to serve in the most remote parishes. Grammond preferred children as sex objects, but was impulsive and violent like a situational sex offender. One victim testified that, Grammond “abused him and, when the boy balked, beat him with a belt and raped him” (Wilson, 2000, p. A01).
Grammond admitted in a recorded conversation that he molested over fifty children. After hearing the tape, and watching the videotaped testimony of Grammond’s victims, Vlazny settled the case for an undisclosed sum and a public apology. Pastors in every parish read his statement on 10 October 2000. “I again acknowledge that some of the priests of this diocese have sexually molested children. With deep regret I also acknowledge that some people in the church community, did not believe bona fide reports of abuse and failed to recognize the deep and lasting harm that child abuse causes” (2000).
In an Oregonian article “Church Tries to Forget Banished Priest, But Pain He Inflicted Can’t Be Erased” reporter Michael Wilson noted that few people attended Grammond’s funeral in 2002, save his sister, whose sons he molested (2000, A01). Attorney David Slader brought in a $155 million suit against the Portland Archdiocese on behalf of several of Grammond’s victims in 2004. He intended to note in his opening statement that archdiocesan officials disregarded five documented notifications of abuse. Slader never delivered this statement. Vlazny filed for bankruptcy moments before the opening of the trial. Slader’s suit and others are still pending, however, the lessons learned by Vlazny from the Grammond case are clear: sincere apologies heal, and the roots of the Archdiocese’s financial crisis lay in “actions – taken or not taken – during the Levada years” (Lattin 2004, B1).
Baccellieri - My gregarious classmate was an accomplished accordionist and an asset at any party. Archbishop William Levada settled eight accusations of sexual molestation of a minor against Baccellieri, sent Baccellieri to a treatment program, and allowed him to return to the ministry in 1994. Attorney David Slader argued that Baccellieri had unsupervised access to children and that officials of the Archdiocese of Portland didn’t notify the parishioners (Lattin, 2004, B1). Vlazny denied these charges, but ordered Baccellieri to retire after the US Council of Bishops announced a zero tolerance policy in 2002 (Letter 2002). Baccellieri’s fellow priests murmured in disagreement, but finally realized that if accusations of child abuse proved true, it would cost them their careers.
Analysis - Sykes and David Matza (1988) outlined the rationales that deviants employ to deny, minimize, or justify their behavior. Grammond told his sister, “I never touched anybody. They’re just lying,” (Green, 2002, A01). He blamed his victims. “They’d dive in my lap to get sexual excitement” (Major, 2004, p. 1). Laughlin blamed his superiors. He testified that several archbishops knowingly placed him in parishes where he had access to children. Greeley’s description of pedophiles as “charming men and graceful liars” applies to Baccellieri, whom everyone thought, was a nice guy (2004, p. 109).
Fairtlough emphasized how hierarchies inhibit learning. Dwyer, Power, and Levada ignored
warnings about pedophiles from clergy and lay people. When he took over as Archbishop in 1997, Vlazny approved Levada’s decision to allow Baccellieri to remain in a parish without notifying parishioners.
The dependence attributed to hierarchies by Leavitt was evident in Laughlin’s case. Gage told auxiliary bishops Waldschmidt and Steiner about the problem because Power was out of town. Steiner thought Gage’s complaint was normal for an assistant who didn’t get along with his pastor
(Wilson, 2002, p. A01). Power later wrote Gage, “Whatever you told Bishops Steiner and Waldschmidt was not relayed to me, and I never heard or suspected that altar boys were ever invited or permitted in Father Laughlin’s upstairs quarters” (Wilson, 2002, p. A01).
The inefficiencies of hierarchies surfaced in all three cases. Laughlin visited Dwyer, successfully lobbying the newly appointed Archbishop for a pastor’s position (Carey, Personal Interview, 21 October 2006). Levada related in a deposition that his predecessor, Archbishop Power never warned him about Grammond (Lattin, 2004. p. B1). He testified about Baccellieri, “I believe there was some allegation that occurred while I was there” (Lattin, 2004. p. B1). The Archbishops of Portland maintained the boundaries between the levels of the hierarchy and as a result, reassigned accused priests to parishes, ignored legitimate complaints, and failed to learn about pedophilia.
Conclusion - People use myths and metaphors to explain human behavior. Victor Turner warned in his work Dramas, Fields, and Metaphors (1971) that such devices “draw our attention to some important properties of social existence” but mislead because they “block our perception of others”
(p. 25). The prelates of Portland declared abuse a moral problem. It sounds ludicrous, but they asked pedophiles to make a good confession and avoid that sin in the future. Vlazny claimed past bishops were unaware of the tragic effects of child abuse and commented, “People kept things like that quiet in those days” (2002). When it was obvious that the moral solution didn’t work, bishops sent offenders for psychological treatment. They believed the science-based claims of treatment centers and reassigned pedophiles to parishes. They accepted the advice of experts because it fit the redemptive metaphor and allowed them to meet the demand for clergy.
In the first level, I described the problem of pedophilic priests in the United States. This led to a discussion on the second level of the stories of individual abusers and the myths and metaphors used by prelates to return child molesters to parishes. These pedophiles abused a great number of victims, but often, when confronted, admitted to abusing only a few in hopes of avoiding future litigation. The officials of the Archdiocese of Portland reached a settlement with one of Laughlin’s victims for $500,000 (Green, 2002, p. A10). They wanted to believe that the payouts ended the scandal but, to their dismay, more victims surfaced. Vlazny, as steward of his archdiocese’s finances, faced difficult choices.
Level III - The Portland Archdiocese Files for Bankruptcy
Blessed are the Bankrupt.
(Major, 2004, p.1).
F. G. Bailey suggested we should think of contests for power and resources, such as a bankruptcy hearing, as a competitive game in his work of social anthropology, Stratagems and Spoils (2001). He thought that one ought to judge the tactics of both sides, not by standards of right and wrong, but by what was effective. Furthermore, he provided a tool for analysis by parsing confrontations into turning points he labeled “episodes” (2001, p. 95). The following episodes highlight the major conflicts between claimants (plaintiffs) and debtors (defendants) in the bankruptcy hearings.
The Pot of Gold - Vlazny became the first US archbishop to file for protection under Chapter 11. He claimed he did so, not to avoid responsibility, but to assure fair compensation for all claimants (2004). Slader contended that Vlazny had taken “the cheap and easy way out,” and “has not begun to touch his pot.”(Law Center, 2004). Vlazny replied, “the pot of gold is pretty much empty now” (Major, 2004, p. 1). Bill Crane of SNAP observed, “We feel like we’re the enemy. We’re the ones who are taking away the soup kitchens” (Woodward, 2004, D04).
The rules for bankruptcy allow financially solvent debtors to file for reorganization. Judge Elizabeth L. Perris believed that the $21 million paid by the Archdiocese of Portland demonstrated good faith and accepted the case. Her action highlighted the fact that the rules for Bankruptcy Court differ from trial courts. In a paper entitled “The Archdiocese of Portland, Oregon Files For Chapter 11 Bankruptcy: No One Wins When Clergy Sex Abuse Claims Are Litigated” (2006), an unnamed J.D. candidate at Rutgers School of Law pointed out the cooperative nature of bankruptcy court. David Skeel of the University of Pennsylvania Law School, author of Debtors Dominion, A History of Bankruptcy Law in America (2001), noted that debtors waive “their right to insist on many of the protections that might otherwise be available to them” (Fiteau, 2004, p. 1).
The Delaying Game - Both sides enlisted public support by claiming it was to the advantage of the other side to settle a case quickly. However, time is on the debtor’s side because they have the use of their resources until forced to part with them. The Archdiocese of Portland contested every legal issue.
Steve Woodward of the Oregonian noted that a tragic consequence of the delay was the suicides of several plaintiffs. Peter Ryan committed suicide after receiving a $1 million settlement from the Church over abuse by Grammond. Larry Craven and Steven Colvin had sex abuse suits pending. They took their own lives after the Church cut funding for their counseling. A spokesperson from the Archdiocese commented, “The Archdiocese has provided counseling in the past for many people, but the bankruptcy has presented obstacles to our past practice” (Woodward, 2005, A01).
Fees – An attorney for the claimants noted that the delay tactics employed by the debtor prolonged the time that the Archdiocese of Portland has to pay legal bills averaging $440,000 a month. Perris approves payment for legal fees that, under bankruptcy code, the debtor pays. An attorney for the debtor noted that his firm discounted their fees to $235 an hour, A lawyer for the claimants replied that the $350 an hour his firm receives is not unreasonable considering the fact that lawyers in the bankruptcy case of Northwest Airlines charged $800 an hour (Fogarty, 2005, p. 1.).
Bargaining - Lawyers representing the debtors and claimants set to work in the summer of 2004 to develop a mutually acceptable reorganization plan. The debtors offered $40 million. The claimants objected. The debtors increased the proposed settlement to $42 million, but warned that the Archdiocese of Portland would have to sell churches and schools if they had to raise more than $50 million.
In November 2005, Vlazny presented a reorganization plan to the court that called for a cap of $40 million for victims of abusive priests. Lawyers for the claimants found this plan unacceptable. They estimated it would take $255 million to satisfy all claims and argued that, if Vlazny counted assets of the parishes, he could raise hundreds of millions of dollars without selling church property.
Lawyers for the Archdiocese of Portland responded with an offer of $42 million for current claims and $8 million for future claims. The claimants replied that, if the lawyers for the debtors really believed that the claims against them would not reach a figure higher than $50 million, they would be eager for a settlement instead of haggling like street vendors.
Class Action Suit – Lawyers for the Church persuaded Perris to allow a class action suit involving the 400,000 Catholics in Oregon as defendants. The Committee of Parishioners and Parishes and the Chancery office gathered information to prove their point that parish properties were restricted assets held in trust. Rev. Joseph Jacobberger warned that schools and parishes could close and “the church would go out of existence in terms of owning buildings” (Sanders, 2004, p. 17). Skeel responded, “Bankruptcy makes seizure of a church or school less-likely rather than more-likely (Qtd. by “The Archdiocese of Portland, Oregon Files for Chapter 11 Bankruptcy. 2006 May, p. 58). After a debtor files a bankruptcy petition, a stay goes into effect prohibiting the foreclosure of property. Both sides must approve any settlement involving the sale of property.
The Referee – Liam Carey told me that the Archbishop held the title to the buildings and property of Sacred Heart Church (Personal Interview, 21 October 2006). On 30 December 2005, Perris ruled that the Archdiocese of Portland had created a corporate structure that didn’t allow parishes to hold title to real estate, even though it could have done so. Vlazny and the Committee of Parishes and Parishioners expressed disappointment. Vlazny repeated his promise that he would not seize parish property and appealed Perris’ ruling to federal district court.
It is hard to predict how much a jury will award claimants in a sex abuse trial. “Only one thing is certain, the sky is the limit” (The Archdiocese of Portland, p. 1). Subsequently Perris allowed claimants to schedule cases involving claims against pedophiles employed by the Archdiocese. The Courts scheduled suits against Grammond in October 2006, and Laughlin in January 2007.
Mediation – These trials and the prospect of a district court decision on the Church’s appeal of Perris’ ruling on parish assets, prompted the parties in contention to accept mediation from Judges Hogan and Velure on 12 September 2006 (Committee of Parishes and Parishioners Website, 2006). These two judges must secure approval of all of the parties involved, including the Committee of Parishes and Parishioners. David Skeel expressed their most serious obstacle. “It’s tough to work out a settlement in circumstances where the sides really do not like each other” (Green, 2006, p. A6).
The Diocese of Spokane reached a $45 million agreement with 75 claimants in February 2006 (Tu, 2006, p. 1). However, the Association of Parishes found this unacceptable because it required, “the involuntary liquidation of parish churches and schools” (Geranios, 2006, p. 1). A decision by the US District Court of Spokane in June gave weight to their argument by overturning a bankruptcy court decision that the property of the parishes belonged to the diocese of Spokane. Although this decision does not apply directly to the Portland Archdiocese, it may encourage claimants to settle because the “pot” of money may not be as large as they anticipated.
The prospect of the suits going to trial will prompt the debtors to accept a mediated settlement. Lawyers for the claimants will present devastating cases, with videotapes of priests admitting their guilt and victims recounting their pain. Attorneys have letters of complaint that prove the hierarchy knew about the problem of priests sexually abusing minors. Woodward of the Oregonian opined the jury’s final verdict will be, “Pay in full” (Woodward, 2006, p. 01). One positive aspect about the bankruptcy trial is that it will bring resolution to the problem of claims against the Archdiocese of Portland against its employees for the sexual abuse of children.
IV. Final Thoughts
I don’t think it’s any worse than the Protestant Reformation.
(Auxiliary Bishop qtd. by Greeley, 2004, p. X).
The Hierarchy of the Roman Catholic Church is not likely to adopt forms of organization advocated by the Protestant reformers. However, organizations do, on occasion, redistribute power. Events in the Spokane and Portland Archdioceses may foreshadow a shift between local and central control. The Federal District Court awarded the Committee of Parishioners in Spokane the right to control parish property. A similar committee in Portland has not yet won that right, but is able to exert considerable power on Vlazny’s decisions. They will hold Vlazny to his promise that he would never seize parish assets to pay creditors, even though Vlazny wants to settle the suits against the Archdiocese. In the future they may gain title to parish properties. This mini-reformation could potentially create a more transparent church, one that will hold its employees accountable for the abuse of children. On the other hand, lawyers for the claimants insist that it is an elaborate ruse to prevent parish funds from being used in settlements.
Whatever the truth of these assertions, there is no doubt about the power of apology to heal and reconcile. Nicholas Tavuchis noted in Mea Culpa: A Sociology of Apology and Reconciliation (1991)that the root word for apology means story. An apology differs from other stories like explanations and excuses. “When we apologize, we stand naked. No excuses, appeals to circumstance, etc. can elicit that which alone can release, eradicate, and renew: forgiveness and hence, redemption” (Tavuchis, 1991, p. 18). Vlazny’s apology helped him understand the pain felt by victims of abusive priests and, in turn, the victims moved towards forgiveness and reconciliation. The Bishops of the United States and Archbishop Vlazny apologized for abusive priests and the cover up. Priests and laity might benefit from doing likewise. They knew or suspected that priests were abusing children and did nothing.
The situation reminded me of a discussion with Dr. Ann Richards, advisor to the Archbishop of Canterbury (Personal Interview, 12 July 2004). She told me falling revenues forced the Anglican Church to choose between, maintenance or mission; maintaining crumbly unused historic churches or continuing the historic social mission of the church. My response was, get rid of the churches. She agreed with me, but observed that it was a question of power.
Vlazny is a pious soft-spoken man who thought the priest abuse scandals were over when Pope John Paul II appointed him Archbishop of Portland in 1997. However, he approved Baccellieri’s return to active ministry. Greeley characterized similar decisions as a grave sin. Vlazny’s decision to ask for Chapter 11 protection does not rise to the same level of seriousness, but may prove a serious tactical blunder in how to play the game of bankruptcy and win.
The adversarial nature of the class action suit transformed Vlazny from penitent to defender of the faith: redemption gained, redemption lost. Ed Langlois reported on Vlazny’s letter to the faithful in the Catholic Sentinel on 5 January 2006. The Archbishop stated that he would pay only valid claims and never sell parish property, a mixed message, if you are the victim of abuse. Vlazny’s fall from grace leads me to advise against bankruptcy, unless the directors of dioceses and archdioceses emulate a spirit of compromise demonstrated in the Tucson diocese.
I agree wholeheartedly with Vlazny’s advice that “Acknowledging the weaknesses of the past is an act of honesty and courage which helps us to strengthen our faith” (2000). Archbishops and priests, like all men, make mistakes. A key metaphor of Christianity is that people are forgiven as they forgive others. It is easier for me to forgive Vlazny, especially if he regains his focus on the victims, than the priests that abused those in their charge. There is even room in my heart to forgive these despicable men, now that I know the outcomes of their dark and desperate lives.
Works Cited
Appignanesi, Richard and Chris Garratt. (1995). Postmodernism. New York: Totem Books.
“Archbishop Testifies at Bankruptcy Hearing.” (2004, August 30) America, Vol. 191 Issue 5, p. 5.
“The Archdiocese of Portland, Oregon Files for Chapter 11 Bankruptcy: No One Wins When Clergy
Sex Abuse Claims Are Litigated.” (2000). 386 a J.D. Candidate, Rutgers University School of Law,
Camden N.J. pdf file. <http:clam.Rutgers.edu/~hicksonj/386Note.doc>
Associated Press. (2004, July 12). “Attorney Details Case Against Church.” Corvallis Gazette-Times, p. 1.
Bailey, F. F. (2001). Stratagems and Spoils. Cambridge: West View Press.
Barth, Thomas J. (2006, May). Crisis Management In the Catholic Church: Lessons for Public Administrators.
A Draft Paper for the Hawaii International Conference on Social Sciences.
Berry, Jason. (1992). Lead Us Not Into Temptation. Chicago: University of Illinois Press.
Boisvert, Donald and Robert Goss. (2005). Gay Catholic Priests and Clerical Sexual Misconduct.
New York: Harrington Park Press.
Brown, Todd. (1996, December 12). Personal Interview, Pocatello Idaho, St. John’s parish.
Bunce, Bud. News Release. (2004, February). “Statement Concerning Father Baccellieri Lawsuit,” p. 1.
Carey, Liam. (2006, October 21). Personal Interview, Medford Oregon, Sacred Heart parish.
Clark, Kelly. (2002, March 23). “Tearing Down Oregon’s Cloister of Secrecy.” Oregonian,
Retrieved 26 September 2006 from http//www.oregonlegalnews.com.
Committee of Parishioners. (2006 August 9). Steering Committee Update, p. 1.
Dale, Maryclaire. (2006, September 17). “Sex Abuse Victims Come Face to Face With Catholic Clergy,”
Oregonian, p. A7.
Database of Publicly Accused Priests. (2004). Archdiocese of Portland in Oregon. Retrieved on 24 September 2006
from BishopAccountablity.org
Davis, Wendy. (2005, October). “Church and Chapter 11. ”American Bar Association Journal,
Vol. 91, Issue 10, p. 14.
Donovan, Gill. (2002, August 16). “Religious Orders Take Different View of Abuse Policy.”
National Catholic Reporter, p. 1.
Fairtlough, Gerard. (2005). Getting Things Done. Greenways (UK): Triarchy Press.
Fiteau, Jerry. (2004, July 13). “Archdiocese Enters Uncharted Waters in Church Bankruptcy Filing,”
Catholic News Service, p. 1.cns@catholicnews.com.
Fogarty, Colin. (2005). “Bankruptcy Bills ‘Staggering’ for Portland Archdiocese.” Oregon Public Broadcasting News,
pp. 1-5. Retrieved on August 5, 2006 from www.publicbroadcasting.net
Foucault, Michel. (1977). Language, Counter-Memory, Practice. Ithaca: Cornell University Press.
Goodstein, Laurie. (2003, January 12). “Trail of Pain in Church Crisis Leads to Nearly Every Diocese.”
New York Times, p. 1 – 2.
Geranios, Nicholas. (2006, February 17). “Spokane Catholic Parishes Oppose Settlement Offer,” Seattle Times, p. 1.
Greeley, Andrew M. (2004). Priests: A Calling in Crisis. Chicago: The University of Chicago Press.
Green, Ashbel. (2002, 7 July), “Oregon’s Accused Clergy,” Oregonian. p. A10.
- - -. (2002 October 3). “Accused Priest Grammond Dies At Age 82,” Oregonian, p. A01.
- - -. (2005, March 13). “A Priest’s Confession.” Oregonian, p. A17.
- - -. (2006, September 11) “Hard-Line Mediators Will Take on Priest Case,” Oregonian p. A6.
Green, Asabel and Steve Woodward. (2006, November 12). “Claims In Court Far Outnumber Church Listing.”
Oregonian, p. A1, A9.
John Jay College of Criminal Justice. (2004, February 27). The Nature and Scope of the
Problem Sexual Abuse of Minors by Catholic Priests and Deacons in the United States
1950-2004, New York: John Jay College of Criminal Justice.
Langlois, Ed. (2006, January 5). “Archdiocese Intent on Mission Despite Adverse Ruling.”
Catholic Sentinel. Retrieved September 22, 2006 from http://www.sentinel.org.
Lanning, Kenneth. (2001, September). Child Molesters: A Behavioral Analysis.
Retrieved September 22, 2006 from http://www/missingkids.con/en_US/publications/NC70.pdf.
Lattin, Don. (2004, July 10). “Levada’s Oregon History Surfaces.” San Francisco Chronicle, p. B1.
Law Center. (2004 July 7). “Portland Archdiocese Declares Bankruptcy.”
Retrieved September 30 from <cnn.com/2004/LAW/07/06/portlandarchdioces/index.html>
Leavitt, Harold. (2005). Top Down. Boston: Harvard Business School Press.
Lebacqz, Karen. (2005). “Gay Catholic Priests and Clerical Sexual Conduct,” in Donald Boisvert,
Donald and Robert Goss. (Ed.). (2005). Gay Catholic Priests and Clerical Sexual Misconduct.
New York: Harrington Park Press.
Major, Richard. (2004, July 17). “Blessed are the Bankrupt.” The Tablet, p. 1.
Morey, Michael. (2004), p. 1. Website. Retrieved September 22, 2006 < www.msmoreylawfirm.com
National Review Board for the Protection of Children and Young People. (2004, February 17).
A Report on the Crisis in the Catholic Church in the United States, Washington D.C.
Papesh, Michael. (2004). Clerical Culture. Collegeville: Liturgical Press.
Richards, Ann. (2004, July 12). Personal Interview, King’s College, London UK.
Rizzo, Alessandra. (2006, October 29) Medford Mail Tribune, p. 8A.
Sanders, Eli. (2004, July 8).“Catholics Puzzle Over a Bankruptcy Filing.” New York Times, p. 17.
Saunders, William. (2003, June 6). “The Bishop’s Regalia.” Catholic Exchange, p. 1.
Staley, Tony. (1983, September 2). “Portland Priest to Begin Serving Sentence Tuesday.” Catholic Sentinel, p. 5.
Tavuchis, Nicholas. (1991). “Mea Culpa: A Sociology of Apology and Reconciliation.” Stanford: Stanford University Press.
Tu, Janet (2006, February 2) “Sex-Abuse Settlement More than Just Money,” Seattle Times, p. 1.
Turner, Victor. (1971). Dramas, Fields and Metaphors. Ithaca: Cornell University Press.
U.S. Conference of Catholic Bishops (USCCB). (2003, June 16). Report of the National Review Board. Washington D.C.
Vlazny, John. The Archbishops letters, columns, legal documents, and news releases are found at the Archdiocese of
Portland’s website at, http//www.archpdx.org.
- - -, Untitled Letter (2000, October 10). Apology.
- - -. Untitled Letter (2002, February 17). Local data on misconduct cases.
- - -. Column (2002, March 1). “While We Cannot Redo the Past, We Can Deal Effectively With the Future. ”
- - -. Untitled Letter (2004, July 6). Bankruptcy announcement.
- - -. Untitled Letter (2005, June 29). One-year update on bankruptcy proceedings.
- - -. Untitled Letter (2005, October 12). Further update on bankruptcy proceedings.
- - -. Column (2006 June 1). “As the Holy Spirit Guides Us, There Is Good News to Report.”
- - -. Column (2006, September 15). “Pray and Fast for Healing and Reconciliation.”
Wilapedia, The Free Encyclopedia. (15 June 2006). 2.2. Deviance, Symbolic Interactionism,
Wilson, Michael. (2000 August 8). “Archdiocese of Portland Hit With $4 Million Abuse Suit,” Oregonian, p. A1.
- - -. (2000, October 18) “Church Tries to Forget Banished Priest, But Pain He Inflicted Can’t Be Erased.”
Oregonian, p. A01.
- - -. (2002, March 21). “Portland Priest Accused in Second Suit.” Oregonian, p. B09.
- - -. (2002, May 19). “Priest Warned 2 Bishops of Pastor’s Abuse of Altar Boys, Letters Show.” Oregonian, p. A01.
Woodward, Steve. (2004, August 6).“Abuse Victims Ask Church for Outreach, Full Disclosure.” Oregonian, p. D04.
- - -. (2005, August 17). “Lawyer Asks for Church Counseling Aid After Third Suicide by Sex-Abuse Claimant.”
Oregonian, p. B01.
- - -. (2006, February 14). “Plaintiffs to Church: Pay in Full.” Oregonian, p. 01. |
