SNAPwisconsin.com
Green Bay diocese: US Constitution allows bishops to transfer and conceal pedophiles
Statement by Peter Isely, SNAP Midwest Director (Milwaukee)
CONTACT: 414.429.7259
In a stunning motion filed in an Appleton, Wisconsin court the Diocese of Green Bay has argued that bishops and religious officials who operate schools, churches, and youth centers can intentionally conceal and transfer clergy child molesters, even if found guilty of doing so by a jury.
The argument was made by lawyers for Green Bay Bishop David Ricken who are attempting to dismiss a May jury verdict which found the diocese guilty of fraud by intentionally concealing and transferring one of the state’s most prolific sex offender clerics, Fr. John Patrick Feeney.
Following the logic of the diocese argument, the US Constitution allows a bishop or religious official full civil immunity to secretly assign a cleric to a parish or school to work with children, even if that cleric has or is intending to commit child rape. When a bishop assigns a priest, according to the diocese, that does not mean the bishop believes the priest is safe to be around children. And any decision a bishop makes about a cleric may “not be evaluated or explained” by courts because the First Amendment allows religious organizations to essentially do what they want and be accountable to no one.
In other words: According to the bishops of the Catholic Church, American religious liberty is for bishops, not children. The US Constitution does not protect children to freely worship and practice their faith from religious officials who put the protection of sex offender clerics over their safety.
And parents should never consider the priest assigned to their parish as “safe”. Why? Because if a bishop assigns a priest who has molested children to your parish, according to the diocese of Green Bay, he has a First Amendment right to commit fraud and lie to you about it.
This is the official position of the bishop of Green Bay, who is echoing the position of the US bishops and the current President of the United States Catholic Conference of Bishops, Cardinal Timothy Dolan, who ran the Green Bay diocese at one time.
Is there any greater demonstration of just how dangerous the church hierarchy is to civil society and the right of children to freely practice their Catholic faith?
SNAP, the Survivors Network of those Abused by Priests, is the world’s oldest and largest support group for clergy abuse victims. We’ve been around for 23 years and have more than 10,000 members. Despite the word “priest” in our title, we have members who were molested by religious figures of all denominations, including nuns, rabbis, bishops, and Protestant ministers. Visit us at SNAPnetwork.org and SNAPwisconsin.com.
#1 by Kay4Justice on July 13th, 2012
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Great analysis, Peter. It’s hard to believe the arrogance and resulting danger of the Corporate roman catholic church when it comes to saving their own hides. Surely this motion will be thrown out of court. If not, the good people who live in the state of Wisconsin had best withdraw their children (and their financial support) from CRCC schools.
#2 by JeannieGuzman on July 13th, 2012
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In other words, the way in which the bishops understand it, is that they are allowed to commit crimes by shuffling known pedophiles from parish to parish (probably without consulting the police) as well as NOT telling the congregations to whom the Pedophile Priest is being sent that he may pose a physical or sexual threat to their children. Now, I get the picture. The bishop’s miter gives them the free pass to subvert our judicial system, and to do as they have done for years in regard to Pedophile Priests……… ABSOLUTELY NOTHING!
#3 by Mike Ference on July 13th, 2012
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Sounds like the Green Bay Diocese wants Wisconsin legislatures to pass a law similar to the Castle Doctrine. Gun owners would be allowed to blow the brains out of catholic priests since the bishops can do whatever they want with pedophile priests. I’m not a lawyer, nor a politician. But that is my lay interpretation of what the diocese may be hoping for. Obviously, as a law abiding citizen, I would probably never condone such action or any type of law like this.
#4 by Amos on July 14th, 2012
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Is it possible that a legal team would risk its reputation by making what appears to be an outrageous and grotesque travesty of the Constitution and established statutory and case law? There has to be more to this in their filing with the court. This makes no sense.
#5 by R.G. frano, A.-E.M.T.-4-Paramedic, A.C.L.S., (Retired) on July 14th, 2012
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Plz File this e/m response to the Green Bay bishop’s overt felony advocation under the ‘where’s Dante when we need him?’ dept!
I’m a 57 Y/o (former) ‘catholic, turned neopagan’.
I am a survivor of a cousin who my parents knew ALL about, as they literally, (as well as ‘figuratively’…), SAW the dirty laundry;
Before playing the ‘J.Ratzinger / Bernie Cardinal Law’ game…
Where, (like W.M. Romney, checking what his political position should be, whets his finger for a DAILY wind check!), the concerns about what my aunt might say, if her nephew were arrested outweighed the moral / legal requirements one or more adults assume…
by creating children!!
Anyway…
If my Larry ‘wide-stance’ Craig-like cousin-sociopath had contained an S.T.D., I’d be dead now…
about 47-49 years…
Re this green bay bishop:
…This is the quality of ‘moral- guidance / re-enforcement’ coming from those who’d DARE tell me, (an engaged person), who I can / cannot marry…L.M.F.A.O.!
#6 by RecoveringCatholic52 on July 15th, 2012
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Ask Bishop Braxton how the same defense work for the Belleville ILL Diocese. They used the same arguement that the Diocese had no “legal” requirement to warn parishioners of a know pedo-priest being sent to their parish….”fraudeulent concealment”…..lost to the the tune of $5M plus another $1M in escrow, while appealing first verdic to IL Supreme Cour…appaling arrogance to attempt flawed and specious argument…abdicted moral authority.
Case law and precedent has been set….bogus/absurd motion will be tossed.
#7 by Michael Skiendzielewski on July 18th, 2012
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Sarah Fry Bruch, an attorney for the diocese, said the jury verdict should be overturned, arguing the court is constitutionally barred from reading any meaning into Feeney’s assignment to a pastoral role. The Merryfields didn’t show evidence the diocese represented Feeney as safe.
“Nor could they, as the assignment of a priest is a canonical act which the civil courts may not evaluate or explain,” she wrote. The First Amendment gives broad latitude to religious organizations in the conduct of their internal affairs.
Ms. Bruch………the last sentence is the best. “Conduct of their internal affairs”…..another euphemism, like “boundary issues”. I don’t know, I am a product of Ignatian/Jesuit training and education, and I believe that the children are our highest concern and priority.
All I can say is Thank God for such an attorney as Marci Hamilton, non-Catholic and apparently no Jesuit education and Ignatian tradition. However, she will hold the Catholic Church accountable in spite of the legal machinations, perversions, excuses by those attorneys who would use the principle of separation of Church and state to protect pedophiles and the feckless leadership that condones such criminal behavior.
#8 by gloria sullivan on July 18th, 2012
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Its. a crying shame that these people live and still participate in the çondoning of. their evil, through the gracious laws of our country.They all need to be hung at noon as traitors, to Our Lord Jesus Christ.! Jesus doesn’t do that tho’. So what’s wrong with the people who condone it by their,money & their attendance?Their lack of care for the innocent, just like the Univercity of Pa. ONLY 5. MILLION TIMES. WORSE