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Was Bishop Livieres sacked for abuse-related reasons or not? (UPDATED)

"Vatican Says Bishop's Dismissal Not the Result of Sexual Abuse," read a Catholic News Service headline published Saturday. The story, written by Francis X. Rocca, tut-tuts those who interpreted the firing of Bishop Livieres of Ciudad del Este, Paraguay, as a sign of a Vatican crackdown on sexual abuse. The diocese was investigated by the Vatican in July after local Catholics, including the archbishop of Asuncion, Paraguay, Pastor Cuquejo--the metropolitan bishop--reportedly complained to Rome about several aspects of Livieres's leadership. Among his concerns was Livieres's decision to accept and promote a priest, Fr. Carlos Urrutigoity, who had been accused of sexual misconduct by several people dating back to the late 1980s. Rocca's story suggests that Urrutigoity had little to do with Pope Francis's decision to replace Livieres.

Coming two days after the Vatican's arrest of former Archbishop Jozef Wesolowski, pending a criminal trial on charges of paying for sex with boys during his time as nuncio to the Dominican Republic, the dismissal of Bishop Livieres appeared to be the latest step in a Vatican crackdown on sex abuse. But the Vatican says sex abuse was not a significant factor in Bishop Livieres's dismissal.

Here's what Vatican spokesman Federico Lombardi, SJ, told Rocca: "Let's not confuse Wesolowski and Livieres; one is a case of pedophilia, the other is not." Lombardi continued: "Livieres was not removed for reasons of pedophilia. That was not the principal problem." What was? "There were serious problems with his management of the diocese, the education of clergy, and relations with other bishops," Lombardi said."

That sounds a bit like what Lombardi said to the New York Times last week: “The important problem was the relations within the episcopacy and in the local church, which were very difficult.” He explained that the accusations against Urrutigoity were “not central, albeit have been debated.”

For his part, Livieres, a member of Opus Dei, maintains that he was the victim of a smear campaign orchestrated by nefarious practitioners of liberation theology, presumably not those who were recently invited to the Congregation for the Doctrine of the Faith--or were they? Considering this explanation comes from a man who on more than one occasion publicly called his metropolitan gay, it may not be totally reliable.

But is Lombardi's?

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Divided on Religious Liberty

A new poll finds Americans are sharply divided on the question of religious liberty. The Public Religion Research Institute reports:

Nearly half (46%) of Americans say they are more concerned about the government interfering with the ability of people to freely practice their religion, while an equal number (46%) say they are more concerned about religious groups trying to pass laws that force their beliefs on others.

Despite the U.S. Catholic bishops' campaign to highlight religious liberty as an issue, a majority of Catholics (51 percent) fall into the latter camp, while 42 percent said they were more concerned that the government was trying to interfere with the practice of religion. The poll highlights generational and gender differences among Catholics.

Millenials, aged 18 to 34, are far more likely to be concerned about religious groups tyring to impose thier beliefs on others, while those 69 and older are much more likely to be concerned about government interference. Catholic men were evenly divided on this issue, but women were more likely to be concerned about religious groups (55 percent) than they were about government interference with religion (36 percent).

 

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What Is a "Francis Bishop," Anyway?

The appointment of a successor for Chicago's Cardinal Francis George had been anticipated as Francis's first big chance to make a major impact on the U.S. church. When his selection of Blase Cupich was announced, the religion journalist Amy Sullivan tweeted, "Since March 2013, we've all been saying, Wait until he fills the Chicago seat--that'll tell us whether he's for real. @Pontifex is for real." The choice, many observers agreed, was proof that Francis really does want to develop a different kind of leadership, not just in Rome but in America too.

I noted in a post last week that Francis had surprised me by doing what I most hoped he would do -- articulating a vision of episcopal leadership that deemphasized culture-war posturing and called for bishops to be "dedicated to repairing divisions, not deepening them." News accounts of the "Francis effect" tend to refer to his noteworthy personal choices since he became pope -- things like living in a small set of rooms instead of the papal apartments, eschewing some of the more regal vestments of the office, and saying friendly, almost offhand things like "Who am I to judge?" when speaking to reporters about controversial issues. Certainly the pope is setting an example when he does these things. But he has also spelled out the changes he wants to bring about in explicit terms, and anyone who wants to know what a bishop in the era of Francis ought to be like need only read what Francis has said on the subject. 

Francis's apostolic exhortation Evangelii Gaudium is specifically addressed to the church's mission of evangelization, but for Francis that subject provides an opportunity to spell out in detail the ways in which the church itself needs to undergo "conversion" to communicate the Gospel more faithfully and effectively. This paragraph, in which he lays out a set of goals and desired traits for bishops, ought to  be tacked above the desk of every ordinary in the U.S. If Francis really was intimately involved in the selection of Bishop Cupich for Chicago -- which I have no reason to doubt -- it's safe to conclude that he found in Cupich a candidate likely to fulfill this vision:

31. The bishop must always foster this missionary communion in his diocesan Church, following the ideal of the first Christian communities, in which the believers were of one heart and one soul (cf. Acts 4:32). To do so, he will sometimes go before his people, pointing the way and keeping their hope vibrant. At other times, he will simply be in their midst with his unassuming and merciful presence. At yet other times, he will have to walk after them, helping those who lag behind and – above all – allowing the flock to strike out on new paths. In his mission of fostering a dynamic, open and missionary communion, he will have to encourage and develop the means of participation proposed in the Code of Canon Law, and other forms of pastoral dialogue, out of a desire to listen to everyone and not simply to those who would tell him what he would like to hear. Yet the principal aim of these participatory processes should not be ecclesiastical organization but rather the missionary aspiration of reaching everyone.

More than what they wear or where they live or what kind of car they travel in, if you want to know whether a bishop is living up to the expectations of Pope Francis, you can look to this striking vision of pastoral leadership. It's not vague or empty of substance. It's quite specific, and demanding. (There's even a footnote in the original indicating which specific canons he refers to.) Is your bishop an "unassuming and merciful presence" in your midst? Is he doing everything he can to "reach everyone"? Is he the kind of shepherd who "above all" is concerned with "allowing the flock to strike out on new paths," as he walks behind giving merciful assistance to stragglers? That's what Francis thinks the church needs. That's a Francis bishop.

UPDATE: You can hear more from me about Francis and his plans for the church by attending the Feast of St. Francis Lecture at King's College in Wilkes-Barre, Pennsylvania, on October 2. Details here.

Archbishops Playing House

If anyone were keeping a list of Flimsiest Religious Exposes of the Year, here is a contender.  It’s a report from CNN’s Belief Blog exposing “The Lavish Homes of American Archbishops,” and it is now eliciting predictably self-righteous comments around the Web.  

It’s a pretty pretentious piece of work, complete with photos that will shock almost everyone who has never driven through an upscale neighborhood and concluding with a bragging note on “How We Reported This Story.”

“Records reveal that 10 of the country's top church leaders defy the Pope's example and live in residences worth more than $1 million,” the story begins breathlessly. 

“Defy” the Pope’s example?  $1 million?  Please remember that the infamous German “Bishop of Bling” whom Francis ousted was spending $43 million to remodel a palatial residence, $300,000 for a new fish tank, $2.38 million for bronze window frames, almost $1 million for the garden, etc., etc.

If you know anything about real estate prices and about the number of archdiocesan residences built in the day when American Catholics expected their leaders to live like VIPs, as well as about the number of archbishops’ residences that also house offices, reception areas, chapels, and rooms for other priests—well, then, you might be surprised that CNN’s Belief Blog found only ten of 34 archbishops so shamefully lodged.  Certainly I was.  And I suspect CNN was also. 

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Till Death Do Them Part?

Those who are opposed to Cardinal Walter Kasper's proposal that some divorced and remarried Catholics be allowed to receive the Eucharist might want to reconsider whether the Church has been wise in allowing the widowed to remarry.

In their critique of Kasper's proposal, a group of American Dominicans points out that there was much disagreement in the early Church about whether widows and widowers should be allowed to remarry. Even many of those who believed they should be allowed to do so thought remarriage should at least be discouraged. But the case for not allowing an abandoned spouse to remarry is very similar to the case for not allowing the widow or widower to remarry—namely, that marriage is indissoluble, a sacramental figuration of Christ's covenant with his Church, a covenant not even death can dissolve. Can one think of another sacrament whose effects are supposed to be nullified by death? [For an obvious answer to this, see Fritz Bauerschmidt's comment below.]

Defenders of the Church's current practice demand that the abandoned spouse persevere in chastity. Why should the Church not demand the same of the widowed? Both are victims of a circumstance beyond their control. One possible response is that the dead never come back to life (or never come back to this life), whereas it is never impossible that someone who abandons his or her wife or husband may repent of it and seek reconciliation. This sort of thing has been known to happen, after all, and when it does, it's can be a profound evidence of grace. It's also exceedingly rare, especially when the unfaithful spouse goes on to have children with another partner.

Practically, then, the abandoned spouse is in the same position as the widow or widower: in both cases, chastity would seem to require heroic virtue. From very early in its history, the church decided not to demand such virtue of widows and widowers, despite its original preference that they not remarry. The question now is why it should demand such virtue of those whose first spouse is "dead to them," often through no fault of their own.

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Archbishop Nienstedt under investigation. (UPDATED)

Archbishop John Nienstedt of St. Paul and Minneapolis is being investigated for “multiple allegations” of inappropriate sexual conduct with seminarians, priests, and other men, according to the archbishop’s former top canon lawyer, Jennifer Haselberger. The investigation is being conducted by a law firm hired by the archdiocese. Nienstedt denies the allegations.

The investigation was spurred by information the archdiocese received late last year, according to another person with knowledge of the investigation. (This inquiry is not related to a December 2013 accusation that Nienstedt touched a boy’s buttocks during a confirmation photo shoot. The archbishop denied that allegation, and, following an investigation, the county prosecutor did not bring charges. Reportedly the case has been reopened.) Near the end of the year, it came to light that a former Twin Cities priest had accused Nienstedt of making unwanted sexual advances.

The archbishop agreed to hire an outside law firm to investigate the accusation. By early 2014, the archdiocese had selected the top-ranked Minneapolis firm of Greene Espel. Nienstedt, along with auxiliary bishops Lee Piché and Andrew Cozzens, flew to Washington, D.C., to inform the apostolic nuncio of the allegations. Over the course of the investigation, lawyers have interviewed current and former associates and employees of Nienstedt—including Haselberger, who resigned in protest in April 2013.

“Based on my interview with Greene Espel—as well as conversations with other interviewees—I believe that the investigators have received about ten sworn statements alleging sexual impropriety on the part of the archbishop dating from his time as a priest in the Archdiocese of Detroit, as Bishop of New Ulm, and while coadjutor and archbishop of St. Paul and Minneapolis,” Haselberger told me. What’s more, “he also stands accused of retaliating against those who refused his advances or otherwise questioned his conduct.”

The allegations are nothing more than a “personal attack against me due to my unwavering stance on issues consistent with church teaching, such as opposition to so-called same-sex marriage,” Nienstedt said in a written statement. He also suspects that accusers are coming forward because of “difficult decisions” he has made, but, citing privacy laws, he would not elaborate.

“I have never engaged in sexual misconduct and certainly have not made any sexual advances toward anyone,” Nienstedt told me. “The allegations are a decade old or more, prior to my service as archbishop of St. Paul and Minneapolis,” he continued, emphasizing that “none of the allegations involve minors or illegal or criminal behavior.” The “only accusation,” Nienstedt explained, is of “improper touching (of the person’s neck),” and was made by a former priest.

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USCCB meeting live

The U.S. Conference of Catholic Bishops meets today. Watch live here.

How should the church be governed?

SAN DIEGO -- At the Catholic Theological Society of America meeting on Saturday, Archbishop John R. Quinn, emeritus of San Franciscio, responded to critiques of his 2013 book on reforning structures of church governance, Ever Ancient, Ever New. Quinn, who served as president of the U.S. bishops conference from 1977 to 1980, previewed that volume's arguments in a talk he delivered at Stanford last year. "Media reports dealing with reform tend to focus on clerical celibacy and on the ordination of women and on the reform of the Curia," he said. "These are important topics, but it would be a mistake to stop there."

The reform he urges involves decentralizing papal authority and increasing the authority of local bishops conferences. In order to achieve those goals, Quinn argued, the church has to establsh regional bishops conferences and episcopal synods that would carry out the administration of the local church (e.g., appointing bishops, handling liturgical issues, etc.). These reforms were called for by the bishops at Vatican II, according to Quinn. After Pope John Paul II asked for recommendations on reforming the papacy in Ut Unum Sint, Quinn published a book about these issues called The Reform of the Papacy (1999). Yet throughout his ponificate, John Paul continued to centralize authority in the office of the pope. Local bishops conferences lost authority. "To date," Quinn told the Stanford audience, "fifty years after the council, no deliberative synod has ever been held." His latest book is an attempt to reignite the conversation he began nearly twenty-five years ago.

The first respondent to Quinn's book was Amanda Osheim of Loras College, and the second was Joseph Komonchak (who requires no introduction here). I've collected my tweets of the session below, so remember: you may find some typos; unless you see quotation marks, I'm paraphrasing; and owing to the density and speed of the remarks, I may not have captured the speakers' intent with total clarity. The tweet parade begins after the jump.

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Why isn't academic theology conservative?

Are conservatives underrepresented in the theology and religion departments of our nation’s colleges and universities?

This was one of the questions discussed at the 2014 annual meeting of the Catholic Theological Society of America and already here on this blog. It’s a question I’ve been pondering for some time, and I wrote about it once in these pages.

The basic answer is Yes. When compared to the overall percentage of conservatives in religious communities or society at large, conservatives are underrepresented in academic theology.

However, when compared to conservatism as represented in other academic fields, theology is not very different.

That’s why I think the more interesting question concerns academia on the whole, of which theology is just one field that fits the trend reasonably well. The results of the limited sociological studies on this issue, notably that of Matthew Woessner and April Kelly-Woessner (good summary here) and, more recently, that of Neil Gross, show that self-selection is the primary reason the professoriate leans liberal. There are few conservative professors because, under the current conditions, few conservatives want to become professors.

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An interview with Cardinal Kasper.

Cardinal Kasper (CNS/Paul Haring)Last week Matthew Boudway and I spoke with Cardinal Walter Kasper here in New York. We covered a lot of ground over the course of an hour. Naturally, some territory was left unexplored, but here's a sample of our conversation, which we just posted to the homepage.

Commonweal: In your book Mercy, you argue that mercy is basic to God’s nature. How is mercy key to understanding God?

Cardinal Walter Kasper: The doctrine on God was arrived at by ontological understanding—God is absolute being and so on, which is not wrong. But the biblical understanding is much deeper and more personal. God’s relation to Moses in the Burning Bush is not “I am,” but “I am with you. I am for you. I am going with you.” In this context, mercy is already very fundamental in the Old Testament. The God of the Old Testament is not an angry God but a merciful God, if you read the Psalms. This ontological understanding of God was so strong that justice became the main attribute of God, not mercy. Thomas Aquinas clearly said that mercy is much more fundamental because God does not answer to the demands of our rules. Mercy is the faithfulness of God to his own being as love. Because God is love. And mercy is the love revealed to us in concrete deeds and words. So mercy becomes not only the central attribute of God, but also the key of Christian existence. Be merciful as God is merciful. We have to imitate God’s mercy.

[...]

CWL: You also note that mercy and justice cannot be finally established here on earth, and that whoever has tried to create heaven on earth has instead created hell on earth. You say that this is true of ecclesiastical perfectionists too—those who conceive of the church as a club for the pure. How dominant is that view among church leadership today?

Kasper: There are those who believe the church is for the pure. They forget that the church is also a church of sinners. We all are sinners. And I am happy that’s true because if it were not then I would not belong to the church. It’s a matter of humility. John Paul II offered his mea culpas—for the teaching office of the church, and also for other behaviors. I have the impression that this is very important for Pope Francis. He does not like the people in the church who are only condemning others.

When it comes to the CDF’s criticisms of some theologians, there was not always due process. That’s evident, and here we must change our measures. This is also a problem when it comes to the question of Communion for divorced and remarried people, which is now under consideration in preparation for the Synod of Bishops this autumn. On the other hand, we have positive signs of mercy within the church. We have the saints, Mother Teresa—there are many Mother Teresas. This is also a reality of the church.

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Archbishop Gregory apologizes.

Last week I pointed out that Archbishop Wilton Gregory of Atlanta had recently moved into a $2.2-million, 6,200-square-foot home--an expense made possible by a $15-million bequest. Gregory had been living at the cathedral rectory, but apparently that parish is growing rapidly. The rector of the cathedral asked Gregory whether the parish could purchase the property from the archdiocese, and Gregory agreed. That's why he built the new residence. But in January, Gregory met with parishioners who weren't happy with that plan. They wanted him to sell the new building, move into the old one, and use the money to help the poor.

In an interview with the Atlanta Journal-Constitution this month, Gregory and McNamee said the expenditures were necessary for their living arrangements and that it was too late to reverse course. They also noted the plans had been approved by governing bodies within their respective institutions.

“To undo what has been publicly announced for two years wouldn’t be a prudent use of archdiocese resources,” Gregory said.

Gregory also said he thinks the new home would have the pope’s blessing.

“He wants his bishops to engage with his people,” said Gregory, who was installed as archbishop in Atlanta in 2005. His new home, he said, allows for larger groups to visit; the grounds also are good for cookouts and other outdoor activities. In this way, said Gregory, he can follow the pope’s admonition to “smell like the flock” — to be close to parishioners.

“It’s important for me to connect,” he said. “And that’s another dominant theme for Pope Francis.”

The archbishop has had a change of heart. Yesterday he issued a long, remarkably candid apology, leading with a tough letter he received from a parishioner. “We are disturbed and disappointed to see our church leaders not setting the example of a simple life as Pope Francis calls for," she wrote.

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Francis ineffective?

BREAKING: Francis has not reversed decades-long trends in Catholic practice over the course of one year.

A new Pew Research poll shows what many Catholics might expect: Francis is really popular among the faithful. And lots of them still don't go to Mass very often. (Also Catholics still disagree with a bunch of church teachings.) Still, you'll find plenty of news stories leading with the claim that for all the excitement the pope has generated, it seems not to have put more people in the pews. Catholics say they're praying more--just not in church.

Aggregated Pew Research survey data reveal "no change in self-reported rates of Mass attendance among Catholic," according to the new report. And "in the year since Francis became pope, 40 percent of U.S. Catholics say they attend Mass at least once a week, unchanged from the months immediately preceding the papal transition."

That's not surprising. Mass attendance has been holding steady for years. The Center for Applied Research in the Apostolate, for example, estimates the percentage of Catholics who attend Mass weekly somewhere in the mid-20s. CARA's data differ from Pew's because it uses both phone surveys, in which people tend to over-report socially desirable behavior, and self-administered surveys--respondents fill out a form--which seem to suffer less from over-reporting. (Read all about it.)

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Early warning.

If you read enough about the Catholic Church's sexual-abuse scandal--and I do--you come across several truisms. The cover-up was worse than the abuse. Ideology was no predictor of episcopal misfeasance. Americans failed to grasp the gravity of sexual abuse until relatively recently. But that last one has never sat very well with me. I remember joking with grade-school and high-school classmates in the 1980s and '90s about priests who seemed a little too interested in engineering alone time with students. We didn't know any priests who had abused, but we were aware of the phenomenon of abusive clerics. We sensed the threat they posed--enough to develop an appropriately morbid coping mechanism. (Lots of Irish Catholics among us, naturally.)

It's not that I reject the notion that it took a long time for Americans to figure out what sexual abuse does to kids--and how difficult it is for some abusers to stop. Of course, in the bad old days nobody wanted to talk about sex at all--let alone its perversion. And it's true that even when bishops were convinced that a priest had abused a minor, they tended to view the abuse as a sin, not a crime. Remove the temptation (reassign the priest), remove the occasion for sin. And yes, later, when psychologists got involved, many told bishops that chronic abusers could be treated and returned to ministry. We know better now. But didn't anyone know better then?

At least one person did. Her name is Sr. Peg Ivers. The Chicago Tribune caught up with her this week.

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Telling Vatican 'Secrets.'

Did you catch this week's episode of Frontline, "Secrets of the Vatican" (you can watch online right here)? Probably not the best title, given that the subjects it covers have been pretty well reported: Benedict's resignation, curial dysfunction, sexual abuse, Maciel's crimes, a gay clerical subculture in Rome, the Vatileaks scandal, corruption at the Vatican Bank. If you've been keeping up with those stories, you probably won't learn a lot viewing this film.

The first time I watched "Secrets of the Vatican," I found it slightly annoying.

The music: Is there some law requiring documentarians who cover the Catholic Church to score their work with spooky chant or cheese-ball action-movie music? It's distracting, especially when played behind the film's powerful interviews with victims of sexual abuse--including Maciel's son Raul Gonzales. (N.B.: When the film turns to Pope Francis's election and his focus on the poor, the music takes an appropriately humbler turn, replacing pipe organs with pan flutes. Cue Carson Zamfir joke.)

The reenactments: In the segment on the Vatican Bank scandals, the narrator describes the Italian authorites' surveillance operation, just as the camera pans across a roomful of official-looking men intently staring at computers, holding on a young man wearing headphones, leaning in toward the screen as though the thing was about to whisper the location of Jimmy Hoffa's body.

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Dredging Wobegon.

In early December a judge ordered the Archdiocese of St. Paul and Minneapolis to release its list of priests credibly accused of sexual abuse. Plaintiffs' attorneys received the names in a 2009 lawsuit, but the court sealed the list. The archdiocese long fought its release, but reversed course after Minnesota Public Radio (MPR) reported that for years bishops had failed to inform police about a priest who had admitted to molesting boys. Archbishop John Nienstedt made the list public on December 5. It included the names of thirty-three men. But last week MPR reported that the actual number of accused priests was seventy. "Some of the...men remain in ministry," according to MPR. "Others are long dead." They worked in nearly every parish in the archdiocese.

(The same judge also ordered the archdiocese to release the names of all priests accused of abuse--not just those "credibly accused"--by February 18. The archdiocese appealed the order on that date, and has until February 26 to provide answers to a judge's questions.)

The archdiocese disputes MPR's account. In a statement released the day after MPR published its report online, the archdiocese claimed that "the twenty-eight clergy members identified by MPR have not been publicly disclosed by the archdiocese because they do not, to date, constitute substantiated claims of sexual abuse of a minor." The statement continued: "At least sixteen of the twenty-eight clergy members identified by MPR were the subject of false, meritless or unsubstantiated accusations against them."

What about the other twelve? "Over ten" of them, the archdiocese claims, "are not from our archdiocese and the allegations against them concern alleged conduct that occurred outside of this archdiocese." Still, they worked in the Twin Cities. According to the statement, such priests "are subject to the authority of other orders and dioceses and...the archdiocese does not have sufficient information or even jurisdiction to determine whether those foreign claims are credible or have been substantiated."

The list of the thirty-three released by the archdiocese was originally compiled by then-Vicar General Fr. Kevin McDonough in response to the U.S. Conference of Catholic Bishops' first sexual-abuse audit. So why did MPR find more than double that figure? The archdiocese, it turns out, had more than one list. "There were handwritten lists and e-mailed lists and memos about lists stored on computers and in filing cabinets at the chancery," according to MPR. Perhaps that's why in 2004 the archdiocese publicly acknowledged that it had received sixty-nine allegations over the previous fifty years, but two years later an internal memo obtained by MPR listed one hundred eighty victims. Obviously the record-keeping was a mess.

Apparently not all of it was accidental.

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Survey says.

Last week, Univision released a survey of twelve thousand Catholics in a dozen countries across five continents. The idea occurred to them after the Vatican asked the world's bishops conferences to find out what their people think about a range of social issues and report back. But, as the Univision survey's executive summary notes, "the papal questionnaire is not an opinion-gathering instrument." True, it's not exactly reader-friendly (several dioceses chose to adapt it in order to make it more intelligible to the people whose views it was designed to gather). Nor were its results easy to compile. So Univision sponsored a large-scale survey that would adhere to contemporary standards of data collection, and allow us to say with a measure of confidence: This what the world's Catholics think now.

The results won't shock you. (The German and Swiss bishops certainly weren't surprised.) They represent "an alarming trend for the Vatican," because the "majority of Catholics worldwide disagree with Catholic doctrine on divorce, abortion, and contraceptives," according to Bendixen and Amandi International--the communications firm that conducted the study. (It's been published a few ways: as an interactive feature, a slideshow, and an executive summary--which explains the survey's methodology.)

The country-by-country breakdown also holds few surprises. Generally speaking, the more developed a country is, the less likely its Catholics are to fully agree with certain church teachings. So, while a significant majority of U.S. Catholics (59 percent) say that women should be ordained priests, 81 percent of Ugandan Catholics disagree (the breakdown is similar on the question of married priests). Of course huge majorities of American Catholics (88 percent) have no problem with the use of artificial contraception. Ninety-four percent of French Catholics support the use of contraceptives--edging out Brazil's 93 percent to take the top spot in that category. And when it comes to divorce, the percentages line up similarly: 60 percent of U.S. Catholics believe that being divorced and remarried outside the church should not bar one from receiving Communion, while 72 percent of Catholics in the Democratic Republic of the Congo agree with that church teaching. On gay marriage, most Catholics agree with their bishops: about 40 percent of U.S. Catholics oppose it, compared with 99 percent of Catholic Africans.

The abortion results are more interesting.

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The prosecution rests.

Last Wednesday, Ramsey County Attorney John Choi announced that he would not charge Archdiocese of St. Paul and Minneapolis officials with failing to report suspected child abuse in the case of Fr. Curtis Wehmeyer. (He's still investigating several others.) In November 2012, Wehmeyer pleaded guilty to three counts of criminal sexual conduct and seventeen counts of possession of child pornography. He's serving a five-year prison term. Civil authorities began investigating after Minnesota Public Radio reported that the archdiocese had known about Wehmeyer's sexual misbehavior for years, failed to inform his parish staff, and left him in ministry--with disastrous results. (In another case, Washington County prosecutors announced that they would not charge a priest with possession of child pornography--more on that later in the week.)

Minnesota law requires a priest to notify the police when he suspects child abuse--within twenty-four hours, unless he acquires the information during confession or spiritual counseling. The archdiocese claims it received an allegation against Wehmeyer on June 19, 2012, and reported it to police the following day. "It is our belief," Choi explained at last week's press conference, "that a criminal jury would conclude that members of the archdiocese did not fail to comply with the mandatory reporting law in this case." At the same event, St. Paul Police Chief Thomas Smith claimed officers lacked probable cause for a subpoena or a warrant to search archdiocesan files. Hours later, MPR published a document signed by Archbishop John Nienstedt indicating that the archdiocese had received the allegation on June 18--two days before the archdiocese reported it to the police.

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Cardinal George revises history.

On Tuesday, the Archdiocese of Chicago released six thousand pages of documents related to the cases of thirty priests credibly accused of sexual abuse. The files, made public as part of a settlement with victims, offer a predictably depressing view of archdiocesan failures over the past several decades. You know the dirge: priests quietly shuttled from parish to parish, civil authorities kept in the dark about some cases (and colluding with church officials to keep others from public scrutiny), laypeople and clergy alike failing to report allegations, bishops refusing to suspend dangerous priests.

For releasing these documents and for making public the names of known abusers, Cardinal Francis George--archbishop of Chicago since 1997--takes some credit. "Publishing for all to read the actual records of these crimes," he wrote in a letter warning Chicagoans about the document dump, "raises transparency to a new level." Perhaps. But he did not volunteer these files. They would not have come out if it hadn't been for victims who pressed for their release as part of a legal settlement. What's more, it's difficult to take seriously Cardinal George's brief for transparency when he seems so intent on obscuring his own role in the scandal.

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Nienstedt's apologia tour.

Two days before the Archdiocese of St. Paul and Minneapolis announced that it had received an allegation of sexual misconduct against Archbishop John Nienstedt, he visited a parish to apologize for the way he responded to accusations of sexual abuse by priests.

When I arrived here seven years ago, one of the first things I was told was that this whole issue of clerical sex abuse had been taken care of and I didn’t have to worry about it. Unfortunately I believed that. And so my biggest apology today...is to say I overlooked this. I should have investigated it a lot more than I did. [When the story broke] at the end of September, I was as surprised as anyone else.

Really? Because in 2009 Nienstedt's former top canon lawer, Jennifer Haselberger, warned him not to promote a priest with a history of sexual misconduct. Nienstedt made him a pastor (the priest was already administrator of the parish, thanks to the previous archbishop's bad judgment). The priest went on to abuse children in the parish. Haselberger provided Nienstedt with a golden opportunity to "investigate it more." Why wasn't he more alarmed? Where was his sense of urgency? Calmed by the assurance that in the Twin Cities "this whole issue of clerical sex abuse had been taken care of"?

And just last year Haselberger informed Nienstedt about another time bomb--this one was sitting in the chancery basement: a report indicating that "borderline illegal" pornographic images had been found on a priest's computer. Nienstedt did not report it to the police (in Minnesota, priests are mandated reporters). Haselberger did, just before she resigned.

Nienstedt was so troubled by the case that he considered contacting Rome for advice. In a detailed unsent letter to the Vatican, he acknowledged that this priest had possessed "borderline illegal" photographs of young people. He explained that he and the archdiocese could be subject to criminal prosecution for possessing such images (some were kept in the priest's long-buried personnel file). Nienstedt even expressed his "hesitation to assign [the priest] to any form of parochial ministry, given my doubts regarding his fitness for ministry and the potential harm and scandal that could ensue." That letter is dated May 29, 2012. But the archbishop wants Twin Cities Catholics to believe he was surprised when all this made headlines last September? Does he think they don't read the news?

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On the homepage: Minimal wages; Kaveny on ACLU & bishops

Two new items featured on the homepage today. First, the editors on working for less than a living wage:

Contrary to popular misconceptions nourished by some in the media, most of the low-wage workers who would benefit from a higher minimum wage are not teenagers earning a little pocket money and learning some basic job skills. More than 90 percent of them are adults and almost a third are parents. The federal government spends around $7 billion a year on public assistance just for the families of fast-food workers. If conservative lawmakers are serious about streamlining entitlement programs and promoting self-reliance, they should be lining up behind proposals to raise the minimum wage.

So why aren’t they? It isn’t for lack of public support. A large majority of voters from both parties are in favor of raising the minimum wage. Whatever their opinions about welfare, most Americans agree with Adam Smith that those who work for a living should actually make one. Opponents of a higher minimum wage say it will only hurt the poor by reducing the number of jobs: when labor costs are higher, they warn, employers will hire fewer workers. This argument has a certain intuitive force, but several recent studies suggest that modest minimum-wage increases have no significant effect on employment levels. Lobbyists for retailers and fast-food restaurants also argue that higher wages will drive up business costs, which will be passed along to consumers as higher prices. But research suggests that a $10.10 minimum wage would add only a few pennies to the price of a hamburger. The lobbyists don’t mention that the big corporations they represent could also absorb some of the higher labor costs by accepting lower profit margins.

Read the whole thing here.

Also, Cathleen Kaveny looks deeper into the ACLU's complaint against the USCCB in the case of Tamesha Means, who allegedly received medically negligent treatment in the course of her pregnancy and miscarriage at a Catholic health facility:

The alleged negligent act: promulgating the Ethical and Religious Directives for Catholic Health Care Services.

According to the complaint, the USCCB is responsible because it “directed the course of care Plaintiff received.” ... According to the plaintiff, Directive 27 does not require Catholic hospitals to disclose the option of a “previability pregnancy termination,” because (she claims) the church does not see it as morally legitimate. The plaintiff also blames Directive 45, which prohibits abortion. That directive reads: “Every procedure whose sole immediate effect is the termination of pregnancy before viability is an abortion, which, in its moral context, includes the interval between conception and implantation of the embryo.” The plaintiff contends that Directive 45 prevented [the hospital] from either completing the miscarriage or referring her to a place that would do so.

But has Means identified the right defendants? Contrary to popular belief, the USCCB does not have the power to tell individual bishops—or Catholic health-care systems—what to do and what not to do.

Read the whole thing here.