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  Why Can't Charges Be Brought against American Bishops and Cardinals under Canon Law?

By Vinnie Nauheimer
Voice from the Desert
March 1, 2008

http://reform-network.net/?p=1451

Several years ago my family was disparaged from the pulpit by the Vicar of Priest Personnel after we filed a lawsuit against a predator priest. The Vicar got up and from the pulpit declared that ours was the first complaint of this type against the priest and told the parishioners that the suit was all about money. He made that statement even though he had been in the parish quietly fixing a similar incident with another family a year earlier before vehemently decrying our accusations. In short, this man lied from the pulpit. This is all part of the public record of the Westchester Grand Jury Report investigating clergy abuse.

Being in a state of shock and too naive at the time to file a slander suit, we did nothing. However, public humiliation and abuse of that magnitude is not easily forgotten. It seemed to me that a bureaucracy like the Catholic Church that has laws for everything, should have some condemning behavior like this. So with justice in mind, I acquired a copy of Canon Law and the Catechism and went to work reading. I found the following:

From the Catechism:

2326 Scandal is a grave offense when by deed or omission it deliberately leads others to sin gravely.

2287 Anyone who uses the power at his disposal in such a way that it leads others to do wrong becomes guilty of scandal and responsible for the evil that he has directly or indirectly encouraged. "Temptations to sin are sure to come; but woe to him by whom they come!"

2353 Fornication is carnal union between an unmarried man and an unmarried woman. It is gravely contrary to the dignity of persons and of human sexuality which is naturally ordered to the good of spouses and the generation and education of children. Moreover, it is a grave scandal when there is corruption of the young. (My emphasis)

From Canon Law:

Can. 1369 A person is to be punished with a just penalty, who, at a public event or assembly, or in a published writing, or by otherwise using the means of social communication, utters blasphemy, or gravely harms public morals, or rails at or excites hatred of or contempt for religion or the Church.

Can. 1389 § 1 A person who abuses ecclesiastical power or an office, is to be punished according to the gravity of the act or the omission, not excluding by deprivation of the office, unless a penalty for that abuse is already established by law or precept.

§ 2 A person who, through culpable negligence, unlawfully and with harm to another, performs or omits and act of ecclesiastical power or ministry or office, is to be punished with a just penalty.

Can. 212 1, Priests and Bishops are also bound by this obedience, in fact more so since they are responsible for passing on to the faithful genuine Catholic teaching. In other words, a Bishop or Priest who dissents from Church teachings is not to be obeyed in that matter, rather all must obey the Magisterium at all times, as Vatican II states.

Bishops and Cardinals have been in clear violation of the above since before the Clergy Abuse Scandal was blown wide open. After it became public, they only served to create greater scandal and incited incredible hatred and humiliation of the Roman Catholic Church. The burning question is, "Why won't charges be brought under Canon Law against the cardinals and bishops who are the most egregious offenders?" Court proceedings, newspaper and personal accounts of their transgressions are numerous, sadly too numerous. Yet no one, even those who profess a desire to clean up the church, will file charges against those who have grievously wounded the Catholic Church. Why is that?

The answer, of course, is obvious. No member of the hierarchy will file charges, no matter how just, against another member of the hierarchy. Doing so would expose to the world to the extensive hypocrisy and corruption existing in today's hierarchy. The hierarchy, all the way to the Vatican, would have to put their peers on trial and judge them for all the violations that the public already knows they have committed. Canon Law demands just penalties, but is there a bishop with enough spine to mete out a just punishment for such horrific sins against God, children and the church?

Bishop Accountability.org tells us that there are some thirteen or more credibly accused bishops. However, not one of them has ever been laicized nor proceedings begun to laicize. They have all been allowed to retire. Bishop Tom Gumbleton has the distinct privilege of the being the only bishop to stand up for survivors and he was immediately forced to retire. That speaks volumes for the collective will of the brotherhood of the red hat.

Surely, there must be a way for the laity to file charges under Canon Law and somewhere in this world at least one Canon Lawyer willing to take on this onerous task to save his or her church.

 
 

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