Damien Thompson Thinks Catholics are Mad at Pope, Not False News

Source: Conservative Catholics blame media for condoms story – but are they secretly cross with the Pope? – Telegraph Blogs

Damien Thompson was one of the Telegraph columnists who falsely reported that the Pope was changing the Church teaching on condoms and AIDS.  In this column, he admits "So perhaps I was wrong to report yesterday that the Pope had 'modified the Church’s absolute ban on the use of condoms.'"  However he still seems to be under the misunderstanding that the Pope is looking at condoms used by people suffering from AIDS as something which is morally acceptable.

Anyone who has read the full text in context would recognize that the statements made by the Pope do not permit the view that the Pope sees the use of condoms as moral.  Merely that the person infected with AIDS who uses a condom may be beginning to think of things in terms of moral obligations, but that a truly humane sexuality goes beyond this.  He points out:

As a matter of fact, you know, people can get condoms when they want them anyway. But this just goes to show that condoms alone do not resolve the question itself. More needs to happen. Meanwhile, the secular realm itself has developed the so-called ABC Theory: Abstinence-Be Faithful-Condom, where the condom is understood only as a last resort, when the other two points fail to work. This means that the sheer fixation on the condom implies a banalization of sexuality, which, after all, is precisely the dangerous source of the attitude of no longer seeing sexuality as the expression of love, but only a sort of drug that people administer to themselves. 

This is why the fight against the banalization of sexuality is also a part of the struggle to ensure that sexuality is treated as a positive value and to enable it to have a positive effect on the whole of man’s being.

There may be a basis in the case of some individuals, as perhaps when a male prostitute uses a condom, where this can be a first step in the direction of a moralization, a first assumption of responsibility, on the way toward recovering an awareness that not everything is allowed and that one cannot do whatever one wants. But it is not really the way to deal with the evil of HIV infection. That can really lie only in a humanization of sexuality.

It is only in the context of the above that the taken out of context text can be evaluated when it says:

Are you saying, then, that the Catholic Church is actually not opposed in principle to the use of condoms?

She of course does not regard it as a real or moral solution, but, in this or that case, there can be nonetheless, in the intention of reducing the risk of infection, a first step in a movement toward a different way, a more human way, of living sexuality.

A telling point.  The Pope looks at the view of "using a condom" as a last resort is not a humane sexuality, but a self-centered need for sex.  The Pope's view recognizes the selfishness of the AIDS carrier who risks his spouse to satisfy sexual desires.  Use of a condom may be "less selfish" but not a good means in itself as has been misrepresented.

However, contrary to the words of the text, Thompson tells us:

Like it or not, the Holy Father made it clear that the use of condoms is sometimes permissible to stop the spread of the virus, even if – speaking in German – he didn’t use the words “permissable” or “justified”. What he didn’t say was “let’s go ahead and use condoms to fight against Aids,” which is what the third headline implies. 

There’s clearly a debate to be had about (a) the circumstances in which the Pope feels it’s permissable to use a condom and (b) the moral status of the act of using that condom. I don’t think the Holy Father’s comments settle these questions. But the plain, common sense reading of them is that he regards the use of a condom as a lesser evil than the transmission of the virus. Also, it doesn’t seem reasonable to extrapolate from the (apparent) reference to a male prostitute that this lesser-of-two-evils judgment doesn’t apply to sex between infected men and women.

The problem is, the Pope said absolutely nothing of the sort.

Indeed, Papal aide, Father Federico Lombardi. pointed out some clarifications which deny Thompson's interpretation, as reported in Zenit news:

At the same time the Pope considers an exceptional circumstance in which the exercise of sexuality represents a real threat for the life of another. In that case, the Pope does not morally justify the disordered exercise of sexuality but maintains that the use of a condom to reduce the danger of infection may be "a first act of responsibility," "a first step on the road toward a more human sexuality," rather than not using it and exposing the other to risking his life.

A first step, not a moral act.  Because the Pope pointed out that "This means that the sheer fixation on the condom implies a banalization of sexuality, which, after all, is precisely the dangerous source of the attitude of no longer seeing sexuality as the expression of love, but only a sort of drug that people administer to themselves," shows that the "condoms are ok to stop AIDS" claim is in no way a Church teaching, nor what Benedict XVI intended to get across.

Unfortunately, Thompson goes on to not only claim that the Pope is advocating the use of condoms when one person has AIDS, but to claim that those who have objected to the misrepresentation of the Pope are really mad at the Pope for making a change in teaching:

[A quoted blogger's] post certainly makes a good deal more sense than those of his fellow conservatives who claim that the Pope didn’t say what he obviously did say… and then emphasise that he was only speaking in an interview AND how dare L’Osservatore Romano release these quotes out of context. Hmm. There is a strong whiff of cognitive dissonance in the air. I hate to pick a fight with bloggers I admire, and I won’t mention any names, but I get the strong impression that certain conservatives are tying themselves in knots trying not to say what they really think.

Which is that they disagree with the Pope.

Thompson's comment is an ad hominem fallacy, attacking those who take him to task, implying they are holding contradictory views, without considering that the "interview isn't formal teaching" comments and the "L'Osservatore Romano took quotes out of context" comments are in fact addressing two separate issues which were falsely alleged (in the first case, that the Pope was making a new teaching in a third party book, in the second case, that because it came from L'Osservatore Romano, it must be a teaching.

When all is said and done, Thompson is making a false accusation.  Catholics who have come to clarify Church teaching are not angry at the Pope, for we do not believe he is saying what Thompson claims in the first place.  Rather we object to the distortion of words taken out of context to imply sexual acts with condoms for the prevention of AIDS is a morally acceptable act, when it is clear the Pope had no such intention to claim such a thing.

To be honest, the assumption that such a book could be cited to claim a justification for a position is ludicrous and demonstrates ignorance of how the Church releases teachings.  Ignorance… or willful misrepresentation.

Damien Thompson Thinks Catholics are Mad at Pope, Not False News

Source: Conservative Catholics blame media for condoms story – but are they secretly cross with the Pope? – Telegraph Blogs

Damien Thompson was one of the Telegraph columnists who falsely reported that the Pope was changing the Church teaching on condoms and AIDS.  In this column, he admits "So perhaps I was wrong to report yesterday that the Pope had 'modified the Church’s absolute ban on the use of condoms.'"  However he still seems to be under the misunderstanding that the Pope is looking at condoms used by people suffering from AIDS as something which is morally acceptable.

Anyone who has read the full text in context would recognize that the statements made by the Pope do not permit the view that the Pope sees the use of condoms as moral.  Merely that the person infected with AIDS who uses a condom may be beginning to think of things in terms of moral obligations, but that a truly humane sexuality goes beyond this.  He points out:

As a matter of fact, you know, people can get condoms when they want them anyway. But this just goes to show that condoms alone do not resolve the question itself. More needs to happen. Meanwhile, the secular realm itself has developed the so-called ABC Theory: Abstinence-Be Faithful-Condom, where the condom is understood only as a last resort, when the other two points fail to work. This means that the sheer fixation on the condom implies a banalization of sexuality, which, after all, is precisely the dangerous source of the attitude of no longer seeing sexuality as the expression of love, but only a sort of drug that people administer to themselves. 

This is why the fight against the banalization of sexuality is also a part of the struggle to ensure that sexuality is treated as a positive value and to enable it to have a positive effect on the whole of man’s being.

There may be a basis in the case of some individuals, as perhaps when a male prostitute uses a condom, where this can be a first step in the direction of a moralization, a first assumption of responsibility, on the way toward recovering an awareness that not everything is allowed and that one cannot do whatever one wants. But it is not really the way to deal with the evil of HIV infection. That can really lie only in a humanization of sexuality.

It is only in the context of the above that the taken out of context text can be evaluated when it says:

Are you saying, then, that the Catholic Church is actually not opposed in principle to the use of condoms?

She of course does not regard it as a real or moral solution, but, in this or that case, there can be nonetheless, in the intention of reducing the risk of infection, a first step in a movement toward a different way, a more human way, of living sexuality.

A telling point.  The Pope looks at the view of "using a condom" as a last resort is not a humane sexuality, but a self-centered need for sex.  The Pope's view recognizes the selfishness of the AIDS carrier who risks his spouse to satisfy sexual desires.  Use of a condom may be "less selfish" but not a good means in itself as has been misrepresented.

However, contrary to the words of the text, Thompson tells us:

Like it or not, the Holy Father made it clear that the use of condoms is sometimes permissible to stop the spread of the virus, even if – speaking in German – he didn’t use the words “permissable” or “justified”. What he didn’t say was “let’s go ahead and use condoms to fight against Aids,” which is what the third headline implies. 

There’s clearly a debate to be had about (a) the circumstances in which the Pope feels it’s permissable to use a condom and (b) the moral status of the act of using that condom. I don’t think the Holy Father’s comments settle these questions. But the plain, common sense reading of them is that he regards the use of a condom as a lesser evil than the transmission of the virus. Also, it doesn’t seem reasonable to extrapolate from the (apparent) reference to a male prostitute that this lesser-of-two-evils judgment doesn’t apply to sex between infected men and women.

The problem is, the Pope said absolutely nothing of the sort.

Indeed, Papal aide, Father Federico Lombardi. pointed out some clarifications which deny Thompson's interpretation, as reported in Zenit news:

At the same time the Pope considers an exceptional circumstance in which the exercise of sexuality represents a real threat for the life of another. In that case, the Pope does not morally justify the disordered exercise of sexuality but maintains that the use of a condom to reduce the danger of infection may be "a first act of responsibility," "a first step on the road toward a more human sexuality," rather than not using it and exposing the other to risking his life.

A first step, not a moral act.  Because the Pope pointed out that "This means that the sheer fixation on the condom implies a banalization of sexuality, which, after all, is precisely the dangerous source of the attitude of no longer seeing sexuality as the expression of love, but only a sort of drug that people administer to themselves," shows that the "condoms are ok to stop AIDS" claim is in no way a Church teaching, nor what Benedict XVI intended to get across.

Unfortunately, Thompson goes on to not only claim that the Pope is advocating the use of condoms when one person has AIDS, but to claim that those who have objected to the misrepresentation of the Pope are really mad at the Pope for making a change in teaching:

[A quoted blogger's] post certainly makes a good deal more sense than those of his fellow conservatives who claim that the Pope didn’t say what he obviously did say… and then emphasise that he was only speaking in an interview AND how dare L’Osservatore Romano release these quotes out of context. Hmm. There is a strong whiff of cognitive dissonance in the air. I hate to pick a fight with bloggers I admire, and I won’t mention any names, but I get the strong impression that certain conservatives are tying themselves in knots trying not to say what they really think.

Which is that they disagree with the Pope.

Thompson's comment is an ad hominem fallacy, attacking those who take him to task, implying they are holding contradictory views, without considering that the "interview isn't formal teaching" comments and the "L'Osservatore Romano took quotes out of context" comments are in fact addressing two separate issues which were falsely alleged (in the first case, that the Pope was making a new teaching in a third party book, in the second case, that because it came from L'Osservatore Romano, it must be a teaching.

When all is said and done, Thompson is making a false accusation.  Catholics who have come to clarify Church teaching are not angry at the Pope, for we do not believe he is saying what Thompson claims in the first place.  Rather we object to the distortion of words taken out of context to imply sexual acts with condoms for the prevention of AIDS is a morally acceptable act, when it is clear the Pope had no such intention to claim such a thing.

To be honest, the assumption that such a book could be cited to claim a justification for a position is ludicrous and demonstrates ignorance of how the Church releases teachings.  Ignorance… or willful misrepresentation.

Much Ado About Nothing: Pope Misrepresented on Condoms and AIDS - Again

Update: Ignatius Press provides the pages in context HERE.  Note how the news reports took it out of context.

There seems to be several articles going around that the Pope is going to change the Church position on the use of condoms to prevent AIDS.  Originating from an AP story, and repeated on UK news sites and blogs is, in essence, the following:

Pope Benedict XVI says that condom use is acceptable "in certain cases", notably "to reduce the risk of infection" with HIV, in a book due out Tuesday, apparently softening his once hardline stance.

In a series of interviews published in his native German, the 83-year-old Benedict is asked whether "the Catholic Church is not fundamentally against the use of condoms."

"It of course does not see it as a real and moral solution," the pope replies.

"In certain cases, where the intention is to reduce the risk of infection, it can nevertheless be a first step on the way to another, more humane sexuality," said the head of the world's 1.1 billion Catholics.

The AP treats this as a change in teaching, claiming:

Until now, the Vatican had prohibited the use of any form of contraception -- other than abstinence -- even as a guard against sexually transmitted disease.

Of course the Catholic News sites were in a flurry over the news… oh wait.  No they weren't.  In fact the articles show a gross misunderstanding on how the Church teaches.  The pope does not teach through interviews which are published by third parties.  The Pope issues formal statements: Encyclicals, Apostolic Letters, motu proprio, and others.

The media has made an error.  The Pope has not made a new teaching.  The book in question is an interview between the Pope and journalist Peter Seewald, entitled Light of the World.  This is in fact the third book in a series of interviews done between the Pope and Seewald.  The first one was Salt of the Earth, published in 1996 in Germany and in America in 1997 (Seewald had left the Church at this time of this interview).  The second was God and the World published in 2000 in Germany and 2002 in America.  The original intent was to interview the infamous Panzerkardinal and get his personal views on things.

What these books are, is in fact a series of interviews between now Pope Benedict XVI and Peter Seewald about the now Holy Father's personal thoughts on certain topics, and are not at all formal teachings of the Church.

The Pope described it as such in his introduction in God and the World:

In 1996, Peter Seewald suggested we gave a conversation about the questions that people today often put to the Church and are often for them an obstacle on the path of faith.

Ignatius Press, publisher of the American edition debunks the tabloid myth, with an Article by Janet E. Smith.

First she gives us the actual quote from Light of the World:

"To the charge that “It is madness to forbid a high-risk population to use condoms,” in the context of an extended answer on the help the Church is giving AIDs victims and the need to fight the banalization of sexuality, Pope Benedict replied:

There may be a basis in the case of some individuals, as perhaps when a male prostitute uses a condom, where this can be a first step in the direction of a moralization, a first assumption of responsibility, on the way toward recovering an awareness that not everything is allowed and that one cannot do whatever one wants.  But it is not really the way to deal with the evil of HIV infection. That can really lie only in a humanization of sexuality.

Are you saying, then, that the Catholic Church is actually not opposed in principle to the use of condoms?

She of course does not regard it as a real or moral solution, but, in this or that case, there can be nonetheless, in the intention of reducing the risk of infection, a first step in a movement toward a different way, a more human way, of living sexuality."

Doctor Smith makes a profound analysis on this statement:

Anyone having sex that threatens to transmit HIV needs to grow in moral discernment. This is why Benedict focused on a “first step” in moral growth. The Church is always going to be focused on moving people away from immoral acts towards love of Jesus, virtue, and holiness. We can say that the Holy Father clearly did not want to make a point about condoms, but wants to talk about growth in a moral sense, which should be a growth towards Jesus.

So is the Holy Father saying it is morally good for male prostitutes to use condoms? The Holy Father is not articulating a teaching of the Church about whether or not the use of a condom reduces the amount of evil in a homosexual sexual act that threatens to transmit HIV.  The Church has no formal teaching about how to reduce the evil of intrinsically immoral action.  We must note that what is intrinsically wrong in a homosexual sexual act in which a condom is used is not the moral wrong of contraception but the homosexual act itself.  In the case of homosexual sexual activity, a condom does not act as a contraceptive; it is not possible for homosexuals to contracept since their sexual activity has no procreative power that can be thwarted. But the Holy Father is not making a point about whether the use of a condom is contraceptive or even whether it reduces the evil of a homosexual sexual act; again, he is speaking about the psychological state of some who might use condoms.  The intention behind the use of the condom (the desire not to harm another) may indicate some growth in a sense of moral responsibility.

… 

Is Pope Benedict indicating that heterosexuals who have HIV could reduce the wrongness of their acts by using condoms?  No.  In his second answer he says that the Church does not find condoms to be a “real or moral solution.” That means the Church does not find condoms either to be moral or an effective way of fighting the transmission of HIV.  As the Holy Father indicates in his fuller answer, the most effective portion of programs designed to reduce the transmission of HIV are calls to abstinence and fidelity. 

The Holy Father, again, is saying that the intention to reduce the transmission of any infection is a “first step” in a movement towards a more human way of living sexuality. That more human way would be to do nothing that threatens to harm one’s sexual partner, who should be one’s beloved spouse. For an individual with HIV to have sexual intercourse with or without a condom is to risk transmitting a lethal disease.

In other words, the person who realizes that the use of the condom with AIDS is less harmful than unprotected sex is at least making a first step towards a more human and moral view.  However, it is not the ultimate end.  Sexual relations making use of a condom may reduce the threat of passing on a lethal disease, but the one who loves realizes that love does not put the beloved at risk of life.

Let us remember that this was the Pope who received massive denunciation from the world for his statements on AIDS and condoms.  (I commented on this back in April 2009)  In speaking on a "more human" way of viewing sexuality, he said in 2009:

If there is no human dimension, if Africans do not help [by responsible behaviour], the problem cannot be overcome by the distribution of prophylactics: on the contrary, they increase it. The solution must have two elements: firstly, bringing out the human dimension of sexuality, that is to say a spiritual and human renewal that would bring with it a new way of behaving towards others, and secondly, true friendship offered above all to those who are suffering, a willingness to make sacrifices and to practise self-denial, to be alongside the suffering. And so these are the factors that help and that lead to real progress: our twofold effort to renew humanity inwardly, to give spiritual and human strength for proper conduct towards our bodies and those of others, and this capacity to suffer with those who are suffering, to remain present in situations of trial. It seems to me that this is the proper response, and the Church does this, thereby offering an enormous and important contribution. We thank all who do so.

To sum up.  There is no "new teaching" on condoms by Pope Benedict XVI.  The Pope is merely explaining his personal views on an issue which had been grossly distorted, showing a view which deepens the statements made in the 2009 interview en route to Africa.

Much Ado About Nothing: Pope Misrepresented on Condoms and AIDS - Again

Update: Ignatius Press provides the pages in context HERE.  Note how the news reports took it out of context.

There seems to be several articles going around that the Pope is going to change the Church position on the use of condoms to prevent AIDS.  Originating from an AP story, and repeated on UK news sites and blogs is, in essence, the following:

Pope Benedict XVI says that condom use is acceptable "in certain cases", notably "to reduce the risk of infection" with HIV, in a book due out Tuesday, apparently softening his once hardline stance.

In a series of interviews published in his native German, the 83-year-old Benedict is asked whether "the Catholic Church is not fundamentally against the use of condoms."

"It of course does not see it as a real and moral solution," the pope replies.

"In certain cases, where the intention is to reduce the risk of infection, it can nevertheless be a first step on the way to another, more humane sexuality," said the head of the world's 1.1 billion Catholics.

The AP treats this as a change in teaching, claiming:

Until now, the Vatican had prohibited the use of any form of contraception -- other than abstinence -- even as a guard against sexually transmitted disease.

Of course the Catholic News sites were in a flurry over the news… oh wait.  No they weren't.  In fact the articles show a gross misunderstanding on how the Church teaches.  The pope does not teach through interviews which are published by third parties.  The Pope issues formal statements: Encyclicals, Apostolic Letters, motu proprio, and others.

The media has made an error.  The Pope has not made a new teaching.  The book in question is an interview between the Pope and journalist Peter Seewald, entitled Light of the World.  This is in fact the third book in a series of interviews done between the Pope and Seewald.  The first one was Salt of the Earth, published in 1996 in Germany and in America in 1997 (Seewald had left the Church at this time of this interview).  The second was God and the World published in 2000 in Germany and 2002 in America.  The original intent was to interview the infamous Panzerkardinal and get his personal views on things.

What these books are, is in fact a series of interviews between now Pope Benedict XVI and Peter Seewald about the now Holy Father's personal thoughts on certain topics, and are not at all formal teachings of the Church.

The Pope described it as such in his introduction in God and the World:

In 1996, Peter Seewald suggested we gave a conversation about the questions that people today often put to the Church and are often for them an obstacle on the path of faith.

Ignatius Press, publisher of the American edition debunks the tabloid myth, with an Article by Janet E. Smith.

First she gives us the actual quote from Light of the World:

"To the charge that “It is madness to forbid a high-risk population to use condoms,” in the context of an extended answer on the help the Church is giving AIDs victims and the need to fight the banalization of sexuality, Pope Benedict replied:

There may be a basis in the case of some individuals, as perhaps when a male prostitute uses a condom, where this can be a first step in the direction of a moralization, a first assumption of responsibility, on the way toward recovering an awareness that not everything is allowed and that one cannot do whatever one wants.  But it is not really the way to deal with the evil of HIV infection. That can really lie only in a humanization of sexuality.

Are you saying, then, that the Catholic Church is actually not opposed in principle to the use of condoms?

She of course does not regard it as a real or moral solution, but, in this or that case, there can be nonetheless, in the intention of reducing the risk of infection, a first step in a movement toward a different way, a more human way, of living sexuality."

Doctor Smith makes a profound analysis on this statement:

Anyone having sex that threatens to transmit HIV needs to grow in moral discernment. This is why Benedict focused on a “first step” in moral growth. The Church is always going to be focused on moving people away from immoral acts towards love of Jesus, virtue, and holiness. We can say that the Holy Father clearly did not want to make a point about condoms, but wants to talk about growth in a moral sense, which should be a growth towards Jesus.

So is the Holy Father saying it is morally good for male prostitutes to use condoms? The Holy Father is not articulating a teaching of the Church about whether or not the use of a condom reduces the amount of evil in a homosexual sexual act that threatens to transmit HIV.  The Church has no formal teaching about how to reduce the evil of intrinsically immoral action.  We must note that what is intrinsically wrong in a homosexual sexual act in which a condom is used is not the moral wrong of contraception but the homosexual act itself.  In the case of homosexual sexual activity, a condom does not act as a contraceptive; it is not possible for homosexuals to contracept since their sexual activity has no procreative power that can be thwarted. But the Holy Father is not making a point about whether the use of a condom is contraceptive or even whether it reduces the evil of a homosexual sexual act; again, he is speaking about the psychological state of some who might use condoms.  The intention behind the use of the condom (the desire not to harm another) may indicate some growth in a sense of moral responsibility.

… 

Is Pope Benedict indicating that heterosexuals who have HIV could reduce the wrongness of their acts by using condoms?  No.  In his second answer he says that the Church does not find condoms to be a “real or moral solution.” That means the Church does not find condoms either to be moral or an effective way of fighting the transmission of HIV.  As the Holy Father indicates in his fuller answer, the most effective portion of programs designed to reduce the transmission of HIV are calls to abstinence and fidelity. 

The Holy Father, again, is saying that the intention to reduce the transmission of any infection is a “first step” in a movement towards a more human way of living sexuality. That more human way would be to do nothing that threatens to harm one’s sexual partner, who should be one’s beloved spouse. For an individual with HIV to have sexual intercourse with or without a condom is to risk transmitting a lethal disease.

In other words, the person who realizes that the use of the condom with AIDS is less harmful than unprotected sex is at least making a first step towards a more human and moral view.  However, it is not the ultimate end.  Sexual relations making use of a condom may reduce the threat of passing on a lethal disease, but the one who loves realizes that love does not put the beloved at risk of life.

Let us remember that this was the Pope who received massive denunciation from the world for his statements on AIDS and condoms.  (I commented on this back in April 2009)  In speaking on a "more human" way of viewing sexuality, he said in 2009:

If there is no human dimension, if Africans do not help [by responsible behaviour], the problem cannot be overcome by the distribution of prophylactics: on the contrary, they increase it. The solution must have two elements: firstly, bringing out the human dimension of sexuality, that is to say a spiritual and human renewal that would bring with it a new way of behaving towards others, and secondly, true friendship offered above all to those who are suffering, a willingness to make sacrifices and to practise self-denial, to be alongside the suffering. And so these are the factors that help and that lead to real progress: our twofold effort to renew humanity inwardly, to give spiritual and human strength for proper conduct towards our bodies and those of others, and this capacity to suffer with those who are suffering, to remain present in situations of trial. It seems to me that this is the proper response, and the Church does this, thereby offering an enormous and important contribution. We thank all who do so.

To sum up.  There is no "new teaching" on condoms by Pope Benedict XVI.  The Pope is merely explaining his personal views on an issue which had been grossly distorted, showing a view which deepens the statements made in the 2009 interview en route to Africa.

Recommended: Article Rebutting Peggy Noonan

There is an interesting article where Peggy Noonan's WSJ articles on the Church and abuse are critiqued and shown to be in error, especially where she claims that the Church has done little and that only at the instigation of the media.

Given many people like to cite Noonan (using the fallacy of irrelevant authority) as a "Conservative Catholic" [arguing that she can't have an agenda]. I think the points made here should be considered.

You can see the article here.

A response to a conservative critic of Catholic Church | Spero News

Recommended: Article Rebutting Peggy Noonan

There is an interesting article where Peggy Noonan's WSJ articles on the Church and abuse are critiqued and shown to be in error, especially where she claims that the Church has done little and that only at the instigation of the media.

Given many people like to cite Noonan (using the fallacy of irrelevant authority) as a "Conservative Catholic" [arguing that she can't have an agenda]. I think the points made here should be considered.

You can see the article here.

A response to a conservative critic of Catholic Church | Spero News

Reflections on Obligation in the Church and Media

One of the main problems with the media coverage of the recent accusations against the Vatican is the unproven assumption that the Vatican not only knew of, but was indifferent to, the reports of abuse which they must have known of. This is a important error of assumption which needs to be examined.

Preliminary: The Difference Between ‘Ought’ and ‘Is’

So let’s start here as a preliminary. Media accusers seem to be making a profound error. This is the error over “ought” and “is.” Some of you may find discussions over linguistics to be dull. However, I think this needs to be stressed, as many of the attacks against the Church are based on the claim that the Vatican ought to have done X, but these attacks fail to consider what the actual events IS.

Ought can be defined as:

1      used to indicate duty or correctness.

†     used to indicate a desirable or expected state.

So one is correct in saying that Bishops ought to have reported abuse to the Curia and to the civil authorities. This is both the duty of the bishops and the expected state of affairs.

IS (the third person state of to be) can be defined as:

1. exist; be present

2. take place

3. having the specified state, nature, or role

So while ought indicates what is to be expected or required; IS indicates what has in fact happened. In order for OUGHT to equal IS, people must do what is required of them. I OUGHT to obey the laws on the speed limits. However, if I drive 70mph in a 55mph zone, what I ought to do is not what I actually do.

So how does this apply to the attacks on the Church? Quite simply, if the Bishop does what he ought in reporting abuse, then those he reports to are the ones to be held to blame if they do not do what they ought to do. However, if the bishop does not do what he ought (reporting the sinful priest), how can the Curia do what they ought to do? What the Bishop did (is) is different than what he ought to have done, and the expected state is hindered by the failure of the bishop.

This can work the other way. Prior to 2001, every accused priest (whose case was actually reported) was required to have an ecclesiastical trial. So the ought in this case is that the Church follows the rules it sets for fairness. Now the old rules did in fact need reforming, and they were reformed. However, one cannot change the rules in order to achieve a desired result. So when there were procedures which once took years to resolve, the Church was doing what it ought to have done in making sure the accusations were true, and making sure the penalty fit the action – provided that the bishops did their jobs in reporting it to them in the first place. If the Bishops did not do as they ought, how could the Curia do as it ought?

Analysis of the Media attacks

The media writes from the assumption that the Church willfully did not do as it ought to have done. This is the fallacy of equivocation in not defining what is meant by “the Church.” If one looks at the Church as a monolithic block, one looks at the Church wrongly. The Church is headed by the Pope in Rome, but the bishop is expected to be the episkopos (overseer or shepherd) of the diocese. He is expected to look after his people, looking after their spiritual well-being. This includes protecting them from the wicked among the ordained. Each diocese is made up of numerous parishes, with a pastor who is responsible for the well being of the people of the parish.

Understanding Subsidiarity

The Catholic Church, under the model of subsidiarity expects each part to handle things at their own level and the next level up intervenes only when there is a failure at the lower levels. Thus we see that the Pope does not deal with what liturgical music is used in a parish in California. Rather, his concern is over the whole Church. He could become involved in this hypothetical example if there was a significant crisis which affected the whole Church (say a popular hymn promoting a heretical teaching which needed to be stopped).

A chart of subsidiarity could look like this:

1. Pope (and the Curia) oversee the governing of the Church as a whole

2. Bishop oversees the governing of the Church in his diocese

3. Pastor oversees the governing of the Church in his parish.

If there is a failing in the parish, it is the task of the Bishop to correct it. If there is a failing in the diocese, it is the task of the Vatican to step in. Of course, there are different ways to handle a situation. Some are objectively better and some are objectively less good. Some of the individuals who are in the positions of authority are more competent and some are less competent.

An Analysis of Culpability

However, where condemnation is justified depends on the analysis of some things:

1. What was actually done in comparison to what one was obligated to do

2. What the person was obligated to know

3. What the motivation was for their acting

In other words the three things to be considered are, the act itself, the knowledge of the individual and the intent of the act. Each needs to be assessed. So let’s take a look at a hypothetical abuse case (I choose a hypothetical case instead of a real one because for purpose of analysis, we need to have a case where we know all the facts). Keep in mind that as a hypothetical case, I am not saying this is what happened in real life for any of the cases brought to our attention by the media. However, the principles I use here should be used to examine the media allegations. Only if the Vatican refuses to do its job can one say the “Vatican” did wrong. Of course this requires knowing what the Vatican is required to do compared to the Bishops and others.

Let us assume a case where a minor is sexually abused by a priest. The first step is to look at the bishop, right?

WRONG.

Obligations of the Victim

The first step is with the victim. If he or she does not report the abuse, then it is impossible for anyone who could take action to know this abuse takes place. So, if the individual stays silent instead of reporting it, we would have an act which was objectively wrong [failure to report makes it possible for a predator priest to continue victimizing others]. In such a case, we would have to look at the reasons for their actions.

Did they know they were obligated to report the abuse? If they did not know, and their lack of knowledge was reasonable [I would think this is a fair assumption. How many teenagers know what canon law is, let alone what it says], then their not reporting it due to ignorance could not be faulted.

Then there is the motivation for their inaction. Shame or fear or guilt are common tactics an abuser counts on to keep a victim silent. If the youth [wrongly] thinks it is somehow their fault, it is probable they will not recognize they are a victim, or even seek the help they need to recognize they were a victim.

On the other hand, if the victim stays silent because it seems too difficult to follow an obligation they know they have, this does hold some fault, as speaking out will protect others from being victimized. If a report is not made, the bishop cannot meet his own obligations on the matter.

Obligations of the Bishop

So let us assume that in the above case, when the victim does realize their obligation and does report it to the Bishop. Prior to 2001, the obligation to report it to the Vatican was limited to cases of solicitation in the confessional. After 2001, all cases were to be reported to the CDF.

Once the report is made to the bishop, he is obligated to investigate the claims and report it to the CDF if it is not immediately clear it is a false accusation. Now if the bishop does not report it (the act), the question is whether he knew of the duty. In this case, it seems unreasonable to assume the bishop would not know of the duty if he had been doing his job to begin with. So if a case was reported to him and if the case was credible, it seems a bishop could not claim invincible ignorance to his duties.

So when it comes to transferring a priest who was an abuser (which had tragically happened too often in the United States), we need to look at the motive. Did the bishop kick it under the carpet out of a motive such as careerism? Or did psychological experts of the time recommend that getting the priest away from the victim was the best solution? In these cases, the first obligation is wrong and condemnable. In the second, it would depend on whether or not the bishop acted in good faith. If the bishop at that time honestly and reasonably (for the time… we now know psychiatry erred on this) believed the psychiatrist was giving a professional medical verdict, his culpability might be considered lessened. If the bishop used the psychiatric evaluation as an excuse to transfer a predator priest to another diocese, knowing of recidivism culpability could be considered greater.

In other words, when considering the information the bishop had at the time he received the news was his actions, knowledge and intent in keeping with what was understood to be right?

In any case, the bishop always had authority to restrict or forbid a priest to practice their ministry for the good of the faithful. What he did or did not do would have to be assessed by the same standards.

Obligation of the Curia: Handling the Case

Let us assume that in this case, the obligations are met which require the case to be reported to the Curia and the bishop does so. What is the curia to do? Prior to 2001, it was the bishop who held the duty to handle the priest and report the results to the Vatican. After 2001, any reasonable charge had to be reported and the CDF would decide whether to take action itself or have the diocese take action. Prior to 2001, a trial was required. After 2001, a trial could be skipped if the evidence was overwhelming.

Now, ecclesiastical trials do take time, especially when one considers how small the Vatican curia are. For that matter, so do investigations of annulments sent to the Vatican. (See Morris West’s Shoes of the Fisherman for an example of how the pre-Vatican II Church was viewed on the subject). Evidence must be gathered, victims and accused must be interviewed, and a decision which is just must be made. Just for the accused and accuser alike. If it turns out the accused is innocent, he must not be punished. If he is guilty, the punishment must fit the crime.

For example: Was he a young priest who had a onetime fling with a 17 year old girl who was also interested in a sexual encounter with him? This is wrong of course, and even if the victim was willing, she would have been a minor and considered less able to make a decision. Or was he a predator, stalking youth and making many victims over a long period of time. Both are wrong of course. However the second case is far more serious than the first, and merits a harsher action… especially if in the first case the priest is deeply sorry for his act and in the second case the priest is unrepentant.

So before denouncing the Vatican for these things, we need to ask:

1. What were they made aware of?

2. What did they do in response?

3. How did that response match up to their obligation?

For cases where bishops did not report cases, the Vatican can hardly be blamed for this. In cases where they were notified, it requires us to know what was done to assess whether they did right or not.

This is where the media attacks on Pope Benedict XVI fall down. The review of the facts shows media attacks are based on the absence of information which is assumed to be indifference or squelching. Squelching a case (which the Pope has been accused of) is an action which requires evidence. Otherwise it is the argument from silence fallacy [We didn’t hear of anything, therefore nothing was done].

Before one can accuse the Vatican, the Pope or the CDF of blocking a case from moving forward, it must be proven. A case which took years prior to 2001 can move faster now. However, when it goes to trial (as I recall this was 20% of the cases), it can take time.

Obligation of the Church: Reforming Laws

Once it becomes clear that old laws are inadequate and have loopholes which the offenders can exploit, it becomes time to change those laws or rules. This is what happened in 2001 for example. It became clear that the old system allowed bishops to shift priests around without reporting it to the Vatican, so the new law made it mandatory to report the offender.

However, we must remember that just laws require time to draft. It is unfortunate that in a rush to punish the deserving we sometimes are tempted to skimp on justice in the name of “good.” However, in order to be good, a law must be just. This is why the Pope doesn’t just decree “OK, next person accused, send him to a monastery at the North Pole.” If a person is falsely accused, such a decree would be unjust.

The Catholic Church also has a mission of redeeming the sinner and calling them to repentance. If one seems truly repentant, the penalty necessarily differs from one who is unrepentant, and the Church, in her mission, must reflect the mercy and forgiveness Christ requires, without forsaking the justice Christ also requires.

Obligation of the Media: Accurately reporting

Peggy Noonan makes an error concerning the Catholic suspicion of the media. We are not angry that the media reported this at all.

We are justly angry over the attempts to smear the Pope by insinuating he willfully protected the guilty despite the evidence to the contrary. We are also justly angry over the fact that the media has portrayed the real cases of abuse and cover-ups as being more widely spread than the facts demonstrate.

This doesn’t mean the media has done no good whatsoever. In cases where certain bishops have been negligent, the media can do us a favor in bringing it to our attention. However, to be a real good, such media action requires a very different behavior from what has been shown so far. The media needs to understand what canon law teaches, and recognize that the Church governs itself with law, not arbitrariness. Getting a civil lawyer (often one who is suing the Church) to explain canon law is about as ridiculous as getting a Saudi Arabian lawyer to explain American Law.

The media is also obligated to report the facts without bias. Thus far, in media reporting of the abuse in 2002 and the recent attacks against the Pope, we tend to see agenda driven stories. Stories suggest the ending of celibacy or the admission of women priests as a required step for change. Calls for the “democratization” of the Church are common. The treating of dissenters from the Church as if they were objective commentators is also deceptive. Quite frankly, the media coverage of the Church displays a lack of interest or hostility to what the Church actually does. [This would be like asking one of these Tea parties to give an objective assessment of the Obama administration.]

The problem is the media cannot be objective if it approaches the story with an adversarial view. Being objective means reporting what is known. Being adversarial means challenging what one disagrees with or thinks is wrong. Now of course a reporter can disagree with the Church or think it ought to change. However, if the media brings these beliefs with it as an assumption behind the story, the story cannot be considered objective. The Church may have reasons why it cannot accept the personal beliefs of the reporter concerning important things. If the reporter does not consider this difference of view, his reporting will be flawed.

Conclusion

Ultimately the problem with the media coverage is not that they report that abuse happens, but that they draw unproven conclusions and present them as fact. As a result of media coverage, we are seeing polls where the majority seems to believe the Pope should be criminally tried, despite the fact that there is nothing more than unproven media allegations to base it on.

We Catholics are rightly angry at the jabs at the Church which claims to be objective reporting. One needs to be aware of their own biases when reporting. For example, I personally may not like Obama’s stand on Life and Moral issues, but this does not mean he can do nothing right. So when I write on moral issues concerning his administration, I do my best to keep my own political beliefs out of the analysis, hopefully succeeding and try to avoid writing on him when it does not involve issues which involve Catholic Moral Theology. [This is why I haven’t really commented on Tea parties and the like].

Ultimately, before writing the big exposé on the Church, the reporter and the media they work for needs to understand how the Church operates, reporting factually and not by misrepresenting the Church teaching or law.

If a priest or a bishop fails to do his duty towards what the Church requires, then yes report this and bring it to our attention. However, if the Church acts in a way different than the reporter would prefer based on his or her personal moral beliefs, to write a story without getting the facts straight is terribly unjust.

Reflections on Obligation in the Church and Media

One of the main problems with the media coverage of the recent accusations against the Vatican is the unproven assumption that the Vatican not only knew of, but was indifferent to, the reports of abuse which they must have known of. This is a important error of assumption which needs to be examined.

Preliminary: The Difference Between ‘Ought’ and ‘Is’

So let’s start here as a preliminary. Media accusers seem to be making a profound error. This is the error over “ought” and “is.” Some of you may find discussions over linguistics to be dull. However, I think this needs to be stressed, as many of the attacks against the Church are based on the claim that the Vatican ought to have done X, but these attacks fail to consider what the actual events IS.

Ought can be defined as:

1      used to indicate duty or correctness.

†     used to indicate a desirable or expected state.

So one is correct in saying that Bishops ought to have reported abuse to the Curia and to the civil authorities. This is both the duty of the bishops and the expected state of affairs.

IS (the third person state of to be) can be defined as:

1. exist; be present

2. take place

3. having the specified state, nature, or role

So while ought indicates what is to be expected or required; IS indicates what has in fact happened. In order for OUGHT to equal IS, people must do what is required of them. I OUGHT to obey the laws on the speed limits. However, if I drive 70mph in a 55mph zone, what I ought to do is not what I actually do.

So how does this apply to the attacks on the Church? Quite simply, if the Bishop does what he ought in reporting abuse, then those he reports to are the ones to be held to blame if they do not do what they ought to do. However, if the bishop does not do what he ought (reporting the sinful priest), how can the Curia do what they ought to do? What the Bishop did (is) is different than what he ought to have done, and the expected state is hindered by the failure of the bishop.

This can work the other way. Prior to 2001, every accused priest (whose case was actually reported) was required to have an ecclesiastical trial. So the ought in this case is that the Church follows the rules it sets for fairness. Now the old rules did in fact need reforming, and they were reformed. However, one cannot change the rules in order to achieve a desired result. So when there were procedures which once took years to resolve, the Church was doing what it ought to have done in making sure the accusations were true, and making sure the penalty fit the action – provided that the bishops did their jobs in reporting it to them in the first place. If the Bishops did not do as they ought, how could the Curia do as it ought?

Analysis of the Media attacks

The media writes from the assumption that the Church willfully did not do as it ought to have done. This is the fallacy of equivocation in not defining what is meant by “the Church.” If one looks at the Church as a monolithic block, one looks at the Church wrongly. The Church is headed by the Pope in Rome, but the bishop is expected to be the episkopos (overseer or shepherd) of the diocese. He is expected to look after his people, looking after their spiritual well-being. This includes protecting them from the wicked among the ordained. Each diocese is made up of numerous parishes, with a pastor who is responsible for the well being of the people of the parish.

Understanding Subsidiarity

The Catholic Church, under the model of subsidiarity expects each part to handle things at their own level and the next level up intervenes only when there is a failure at the lower levels. Thus we see that the Pope does not deal with what liturgical music is used in a parish in California. Rather, his concern is over the whole Church. He could become involved in this hypothetical example if there was a significant crisis which affected the whole Church (say a popular hymn promoting a heretical teaching which needed to be stopped).

A chart of subsidiarity could look like this:

1. Pope (and the Curia) oversee the governing of the Church as a whole

2. Bishop oversees the governing of the Church in his diocese

3. Pastor oversees the governing of the Church in his parish.

If there is a failing in the parish, it is the task of the Bishop to correct it. If there is a failing in the diocese, it is the task of the Vatican to step in. Of course, there are different ways to handle a situation. Some are objectively better and some are objectively less good. Some of the individuals who are in the positions of authority are more competent and some are less competent.

An Analysis of Culpability

However, where condemnation is justified depends on the analysis of some things:

1. What was actually done in comparison to what one was obligated to do

2. What the person was obligated to know

3. What the motivation was for their acting

In other words the three things to be considered are, the act itself, the knowledge of the individual and the intent of the act. Each needs to be assessed. So let’s take a look at a hypothetical abuse case (I choose a hypothetical case instead of a real one because for purpose of analysis, we need to have a case where we know all the facts). Keep in mind that as a hypothetical case, I am not saying this is what happened in real life for any of the cases brought to our attention by the media. However, the principles I use here should be used to examine the media allegations. Only if the Vatican refuses to do its job can one say the “Vatican” did wrong. Of course this requires knowing what the Vatican is required to do compared to the Bishops and others.

Let us assume a case where a minor is sexually abused by a priest. The first step is to look at the bishop, right?

WRONG.

Obligations of the Victim

The first step is with the victim. If he or she does not report the abuse, then it is impossible for anyone who could take action to know this abuse takes place. So, if the individual stays silent instead of reporting it, we would have an act which was objectively wrong [failure to report makes it possible for a predator priest to continue victimizing others]. In such a case, we would have to look at the reasons for their actions.

Did they know they were obligated to report the abuse? If they did not know, and their lack of knowledge was reasonable [I would think this is a fair assumption. How many teenagers know what canon law is, let alone what it says], then their not reporting it due to ignorance could not be faulted.

Then there is the motivation for their inaction. Shame or fear or guilt are common tactics an abuser counts on to keep a victim silent. If the youth [wrongly] thinks it is somehow their fault, it is probable they will not recognize they are a victim, or even seek the help they need to recognize they were a victim.

On the other hand, if the victim stays silent because it seems too difficult to follow an obligation they know they have, this does hold some fault, as speaking out will protect others from being victimized. If a report is not made, the bishop cannot meet his own obligations on the matter.

Obligations of the Bishop

So let us assume that in the above case, when the victim does realize their obligation and does report it to the Bishop. Prior to 2001, the obligation to report it to the Vatican was limited to cases of solicitation in the confessional. After 2001, all cases were to be reported to the CDF.

Once the report is made to the bishop, he is obligated to investigate the claims and report it to the CDF if it is not immediately clear it is a false accusation. Now if the bishop does not report it (the act), the question is whether he knew of the duty. In this case, it seems unreasonable to assume the bishop would not know of the duty if he had been doing his job to begin with. So if a case was reported to him and if the case was credible, it seems a bishop could not claim invincible ignorance to his duties.

So when it comes to transferring a priest who was an abuser (which had tragically happened too often in the United States), we need to look at the motive. Did the bishop kick it under the carpet out of a motive such as careerism? Or did psychological experts of the time recommend that getting the priest away from the victim was the best solution? In these cases, the first obligation is wrong and condemnable. In the second, it would depend on whether or not the bishop acted in good faith. If the bishop at that time honestly and reasonably (for the time… we now know psychiatry erred on this) believed the psychiatrist was giving a professional medical verdict, his culpability might be considered lessened. If the bishop used the psychiatric evaluation as an excuse to transfer a predator priest to another diocese, knowing of recidivism culpability could be considered greater.

In other words, when considering the information the bishop had at the time he received the news was his actions, knowledge and intent in keeping with what was understood to be right?

In any case, the bishop always had authority to restrict or forbid a priest to practice their ministry for the good of the faithful. What he did or did not do would have to be assessed by the same standards.

Obligation of the Curia: Handling the Case

Let us assume that in this case, the obligations are met which require the case to be reported to the Curia and the bishop does so. What is the curia to do? Prior to 2001, it was the bishop who held the duty to handle the priest and report the results to the Vatican. After 2001, any reasonable charge had to be reported and the CDF would decide whether to take action itself or have the diocese take action. Prior to 2001, a trial was required. After 2001, a trial could be skipped if the evidence was overwhelming.

Now, ecclesiastical trials do take time, especially when one considers how small the Vatican curia are. For that matter, so do investigations of annulments sent to the Vatican. (See Morris West’s Shoes of the Fisherman for an example of how the pre-Vatican II Church was viewed on the subject). Evidence must be gathered, victims and accused must be interviewed, and a decision which is just must be made. Just for the accused and accuser alike. If it turns out the accused is innocent, he must not be punished. If he is guilty, the punishment must fit the crime.

For example: Was he a young priest who had a onetime fling with a 17 year old girl who was also interested in a sexual encounter with him? This is wrong of course, and even if the victim was willing, she would have been a minor and considered less able to make a decision. Or was he a predator, stalking youth and making many victims over a long period of time. Both are wrong of course. However the second case is far more serious than the first, and merits a harsher action… especially if in the first case the priest is deeply sorry for his act and in the second case the priest is unrepentant.

So before denouncing the Vatican for these things, we need to ask:

1. What were they made aware of?

2. What did they do in response?

3. How did that response match up to their obligation?

For cases where bishops did not report cases, the Vatican can hardly be blamed for this. In cases where they were notified, it requires us to know what was done to assess whether they did right or not.

This is where the media attacks on Pope Benedict XVI fall down. The review of the facts shows media attacks are based on the absence of information which is assumed to be indifference or squelching. Squelching a case (which the Pope has been accused of) is an action which requires evidence. Otherwise it is the argument from silence fallacy [We didn’t hear of anything, therefore nothing was done].

Before one can accuse the Vatican, the Pope or the CDF of blocking a case from moving forward, it must be proven. A case which took years prior to 2001 can move faster now. However, when it goes to trial (as I recall this was 20% of the cases), it can take time.

Obligation of the Church: Reforming Laws

Once it becomes clear that old laws are inadequate and have loopholes which the offenders can exploit, it becomes time to change those laws or rules. This is what happened in 2001 for example. It became clear that the old system allowed bishops to shift priests around without reporting it to the Vatican, so the new law made it mandatory to report the offender.

However, we must remember that just laws require time to draft. It is unfortunate that in a rush to punish the deserving we sometimes are tempted to skimp on justice in the name of “good.” However, in order to be good, a law must be just. This is why the Pope doesn’t just decree “OK, next person accused, send him to a monastery at the North Pole.” If a person is falsely accused, such a decree would be unjust.

The Catholic Church also has a mission of redeeming the sinner and calling them to repentance. If one seems truly repentant, the penalty necessarily differs from one who is unrepentant, and the Church, in her mission, must reflect the mercy and forgiveness Christ requires, without forsaking the justice Christ also requires.

Obligation of the Media: Accurately reporting

Peggy Noonan makes an error concerning the Catholic suspicion of the media. We are not angry that the media reported this at all.

We are justly angry over the attempts to smear the Pope by insinuating he willfully protected the guilty despite the evidence to the contrary. We are also justly angry over the fact that the media has portrayed the real cases of abuse and cover-ups as being more widely spread than the facts demonstrate.

This doesn’t mean the media has done no good whatsoever. In cases where certain bishops have been negligent, the media can do us a favor in bringing it to our attention. However, to be a real good, such media action requires a very different behavior from what has been shown so far. The media needs to understand what canon law teaches, and recognize that the Church governs itself with law, not arbitrariness. Getting a civil lawyer (often one who is suing the Church) to explain canon law is about as ridiculous as getting a Saudi Arabian lawyer to explain American Law.

The media is also obligated to report the facts without bias. Thus far, in media reporting of the abuse in 2002 and the recent attacks against the Pope, we tend to see agenda driven stories. Stories suggest the ending of celibacy or the admission of women priests as a required step for change. Calls for the “democratization” of the Church are common. The treating of dissenters from the Church as if they were objective commentators is also deceptive. Quite frankly, the media coverage of the Church displays a lack of interest or hostility to what the Church actually does. [This would be like asking one of these Tea parties to give an objective assessment of the Obama administration.]

The problem is the media cannot be objective if it approaches the story with an adversarial view. Being objective means reporting what is known. Being adversarial means challenging what one disagrees with or thinks is wrong. Now of course a reporter can disagree with the Church or think it ought to change. However, if the media brings these beliefs with it as an assumption behind the story, the story cannot be considered objective. The Church may have reasons why it cannot accept the personal beliefs of the reporter concerning important things. If the reporter does not consider this difference of view, his reporting will be flawed.

Conclusion

Ultimately the problem with the media coverage is not that they report that abuse happens, but that they draw unproven conclusions and present them as fact. As a result of media coverage, we are seeing polls where the majority seems to believe the Pope should be criminally tried, despite the fact that there is nothing more than unproven media allegations to base it on.

We Catholics are rightly angry at the jabs at the Church which claims to be objective reporting. One needs to be aware of their own biases when reporting. For example, I personally may not like Obama’s stand on Life and Moral issues, but this does not mean he can do nothing right. So when I write on moral issues concerning his administration, I do my best to keep my own political beliefs out of the analysis, hopefully succeeding and try to avoid writing on him when it does not involve issues which involve Catholic Moral Theology. [This is why I haven’t really commented on Tea parties and the like].

Ultimately, before writing the big exposé on the Church, the reporter and the media they work for needs to understand how the Church operates, reporting factually and not by misrepresenting the Church teaching or law.

If a priest or a bishop fails to do his duty towards what the Church requires, then yes report this and bring it to our attention. However, if the Church acts in a way different than the reporter would prefer based on his or her personal moral beliefs, to write a story without getting the facts straight is terribly unjust.

Noteworthy: CDF Clarifies Rules concerning Abuse

This press release from the Vatican today, clarifying the Church rules on sexual abuse reporting.  (If you go HERE you can get the press releases from the Vatican emailed to you)  I find it very informative.

The CDF Clarification: Text

VATICAN CITY, 12 APR 2010 (VIS) - Today the Vatican website, under the section called "Focus", published a guide to understanding the procedures of the Congregation for the Doctrine of the Faith on sexual abuse allegations towards minors.

Guide to Understanding Basic CDF Procedures concerning Sexual Abuse Allegations

The applicable law is the Motu Proprio "Sacramentorum sanctitatis tutela" (MP SST) of 30 April 2001 together with the 1983 Code of Canon Law. This is an introductory guide which may be helpful to lay persons and non-canonists.

A:  Preliminary Procedures

The local diocese investigates every allegation of sexual abuse of a minor by a cleric.

If the allegation has a semblance of truth the case is referred to the CDF.  The local bishop transmits all the necessary information to the CDF and expresses his opinion on the procedures to be followed and the measures to be adopted in the short and long term.

Civil law concerning reporting of crimes to the appropriate authorities should always be followed.

During the preliminary stage and until the case is concluded, the bishop may impose precautionary measures to safeguard the community, including the victims. Indeed, the local bishop always retains power to protect children by restricting the activities of any priest in his diocese.  This is part of his ordinary authority, which he is encouraged to exercise to whatever extent is necessary to assure that children do not come to harm, and this power can be exercised at the bishop's discretion before, during and after any canonical proceeding.

B: Procedures authorized by the CDF

The CDF studies the case presented by the local bishop and also asks for supplementary information where necessary.

The CDF has a number of options:

B1 Penal Processes

The CDF may authorize the local bishop to conduct a judicial penal trial before a local Church tribunal. Any appeal in such cases would eventually be lodged to a tribunal of the CDF.

The CDF may authorize the local bishop to conduct an administrative penal process before a delegate of the local bishop assisted by two assessors. The accused priest is called to respond to the accusations and to review the evidence.  The accused has a right to present recourse to the CDF against a decree condemning him to a canonical penalty.  The decision of the Cardinals members of the CDF is final.

Should the cleric be judged guilty, both judicial and administrative penal processes can condemn a cleric to a number of canonical penalties, the most serious of which is dismissal from the clerical state.  The question of damages can also be treated directly during these procedures.

B2 Cases referred directly to the Holy Father

In very grave cases where a civil criminal trial has found the cleric guilty of sexual abuse of minors or where the evidence is overwhelming, the CDF may choose to take the case directly to the Holy Father with the request that the Pope issue a decree of "ex officio" dismissal from the clerical state.  There is no canonical remedy against such a papal decree.

The CDF also brings to the Holy Father requests by accused priests who, cognizant of their crimes, ask to be dispensed from the obligation of the priesthood and want to return to the lay state.  The Holy Father grants these requests for the good of the Church ("pro bono Ecclesiae").

B3 Disciplinary Measures

In cases where the accused priest has admitted to his crimes and has accepted to live a life of prayer and penance, the CDF authorizes the local bishop to issue a decree prohibiting or restricting the public ministry of such a priest.  Such decrees are imposed through a penal precept which would entail a canonical penalty for a violation of the conditions of the decree, not excluding dismissal from the clerical state.  Administrative recourse to the CDF is possible against such decrees.  The decision of the CDF is final.

C. Revision of MP SST

For some time the CDF has undertaken a revision of some of the articles of "Motu Proprio Sacramentorum Sanctitatis tutela", in order to update the said Motu Proprio of 2001 in the light of special faculties granted to the CDF by Popes  John Paul II and Benedict XVI. The proposed modifications under discussion will not change the above-mentioned procedures (A, B1-B3).

CDF/                                                                                                VIS 20100412 (720)           

The Significant Points, Analyzed

I find this an interesting Clarification in light of all the misrepresentations in the media.  Let's look at some of the crucial points.  (Church quote in blue, my comments in black):

1. "The applicable law is the Motu Proprio "Sacramentorum sanctitatis tutela" (MP SST) of 30 April 2001 together with the 1983 Code of Canon Law. This is an introductory guide which may be helpful to lay persons and non-canonists."  This isn't a change of the laws.  It is explaining to people who are not canon lawyers how the Church procedures actually work.  Given the ignorance of the media in this issue, this is quite important.
2. "The local diocese investigates every allegation of sexual abuse of a minor by a cleric."  Quite important to clarify where the buck stops.  The buck stops with the Bishop.  The bishop who kicks things under the table is doing wrong.  Deciding arbitrarily who is credible is also wrong.  If an allegation is being made, it must be investigated.
3. "If the allegation has a semblance of truth the case is referred to the CDF."  So if the initial investigation doesn't establish the claims as false, it must be sent to the CDF.  This is not optional.  This shows the responsibility of the diocese to inform, and not sit on the cases.
4. "Civil law concerning reporting of crimes to the appropriate authorities should always be followed."  Also crucial.  If a crime is reported to the diocese, it must pass it on as civil law requires.  (Civil law is in contrast to Canon law and not Criminal Law by the way.  The document, for example speaks of a "civil criminal trial.")
5. The CDF has certain options in how the case is handled depending on the circumstances.  It can:
   1. "The CDF may authorize the local bishop to conduct a judicial penal trial before a local Church tribunal. Any appeal in such cases would eventually be lodged to a tribunal of the CDF."  If the Church decides the local tribunal can handle the case, the case is investigated there.  If the accused appeals, it would then go to the CDF.
   2. "The CDF may authorize the local bishop to conduct an administrative penal process before a delegate of the local bishop assisted by two assessors. The accused priest is called to respond to the accusations and to review the evidence.  The accused has a right to present recourse to the CDF against a decree condemning him to a canonical penalty.  The decision of the Cardinals members of the CDF is final."  The Bishop with two assessors may also try the case.  In this case, the CDF can still be appealed to,  The CDF decision is considered final.
   3. "Should the cleric be judged guilty, both judicial and administrative penal processes can condemn a cleric to a number of canonical penalties, the most serious of which is dismissal from the clerical state.  The question of damages can also be treated directly during these procedures."  The priest found guilty can be sentenced to different canonical penalties which can (but not necessarily must) be dismissed from the clerical state (which means the priest is forbidden to use those gifts which the sacrament bestows.  It does not mean the priest is stripped of the sacrament).
6. "In very grave cases where a civil criminal trial has found the cleric guilty of sexual abuse of minors or where the evidence is overwhelming, the CDF may choose to take the case directly to the Holy Father with the request that the Pope issue a decree of "ex officio" dismissal from the clerical state.  There is no canonical remedy against such a papal decree."  So if the priest is convicted in a criminal trial, or the evidence is overwhelming, the CDF can take the case to the Pope to automatically strip the priest of his clerical state… no appeal possible here.
7. "The CDF also brings to the Holy Father requests by accused priests who, cognizant of their crimes, ask to be dispensed from the obligation of the priesthood and want to return to the lay state.  The Holy Father grants these requests for the good of the Church ("pro bono Ecclesiae")."  So if the Pope deems it for the good of the Church, priests who admit their guilt can (not necessarily will) be returned to the lay state (which means they are released from their vows and can marry.  They still have the gifts granted by the sacrament but are forbidden to use them).
8. "In cases where the accused priest has admitted to his crimes and has accepted to live a life of prayer and penance, the CDF authorizes the local bishop to issue a decree prohibiting or restricting the public ministry of such a priest.  Such decrees are imposed through a penal precept which would entail a canonical penalty for a violation of the conditions of the decree, not excluding dismissal from the clerical state.  Administrative recourse to the CDF is possible against such decrees.  The decision of the CDF is final."  This is important in light of all these bogus "Pope stalls defrocking" headlines.  A priest who admits his crimes can be ordered to live a life of prayer and penance, where the Bishop issues a decree where the priest is restricted or prohibited from practicing their ministry.  If the priest violates the conditions, he can suffer additional penalties or even dismissal.  The priest who is treated unjustly can appeal, but what the CDF decides in such a case is final.

Conclusion

This document shows the rush to judgment by the media demonstrates a gross misunderstanding of the Church procedures.  There is a procedure which must be followed.  The most serious cases can result in automatic dismissal by the Pope or the CDF automatically.  Other cases can be judged by the diocese and appealed to the CDF.

The penalties do not have to automatically be dismissal from the clerical state (often wrongly called "defrocking").  The priest can be limited or forbidden to practice their priestly ministry if the circumstances warrant it.

This is interesting to note.  The media labels anything which is not a dismissal to be a "cover up," but in the rules of the Church, the penalty fits the crime and is aimed at bringing the sinful priest to repentance.

When this is kept in mind, the accusations of the bishops wanting dismissal and the Vatican "covering up" are baseless.  In most cases, the Diocese hears the case and sets the penalty, keeping the CDF informed.  In such cases, a diocese seeking to pass on the case assigned to them are guilty of "passing the buck."  In serious cases, the CDF can handle it directly or send it up to the Pope with the recommendation to dismiss the offender.

In light of this, the Church condemnations in the media demonstrate a profound lack of understanding of the Church procedures and a lack of interest in finding out what the Church requires.

Noteworthy: CDF Clarifies Rules concerning Abuse

This press release from the Vatican today, clarifying the Church rules on sexual abuse reporting.  (If you go HERE you can get the press releases from the Vatican emailed to you)  I find it very informative.

The CDF Clarification: Text

VATICAN CITY, 12 APR 2010 (VIS) - Today the Vatican website, under the section called "Focus", published a guide to understanding the procedures of the Congregation for the Doctrine of the Faith on sexual abuse allegations towards minors.

Guide to Understanding Basic CDF Procedures concerning Sexual Abuse Allegations

The applicable law is the Motu Proprio "Sacramentorum sanctitatis tutela" (MP SST) of 30 April 2001 together with the 1983 Code of Canon Law. This is an introductory guide which may be helpful to lay persons and non-canonists.

A:  Preliminary Procedures

The local diocese investigates every allegation of sexual abuse of a minor by a cleric.

If the allegation has a semblance of truth the case is referred to the CDF.  The local bishop transmits all the necessary information to the CDF and expresses his opinion on the procedures to be followed and the measures to be adopted in the short and long term.

Civil law concerning reporting of crimes to the appropriate authorities should always be followed.

During the preliminary stage and until the case is concluded, the bishop may impose precautionary measures to safeguard the community, including the victims. Indeed, the local bishop always retains power to protect children by restricting the activities of any priest in his diocese.  This is part of his ordinary authority, which he is encouraged to exercise to whatever extent is necessary to assure that children do not come to harm, and this power can be exercised at the bishop's discretion before, during and after any canonical proceeding.

B: Procedures authorized by the CDF

The CDF studies the case presented by the local bishop and also asks for supplementary information where necessary.

The CDF has a number of options:

B1 Penal Processes

The CDF may authorize the local bishop to conduct a judicial penal trial before a local Church tribunal. Any appeal in such cases would eventually be lodged to a tribunal of the CDF.

The CDF may authorize the local bishop to conduct an administrative penal process before a delegate of the local bishop assisted by two assessors. The accused priest is called to respond to the accusations and to review the evidence.  The accused has a right to present recourse to the CDF against a decree condemning him to a canonical penalty.  The decision of the Cardinals members of the CDF is final.

Should the cleric be judged guilty, both judicial and administrative penal processes can condemn a cleric to a number of canonical penalties, the most serious of which is dismissal from the clerical state.  The question of damages can also be treated directly during these procedures.

B2 Cases referred directly to the Holy Father

In very grave cases where a civil criminal trial has found the cleric guilty of sexual abuse of minors or where the evidence is overwhelming, the CDF may choose to take the case directly to the Holy Father with the request that the Pope issue a decree of "ex officio" dismissal from the clerical state.  There is no canonical remedy against such a papal decree.

The CDF also brings to the Holy Father requests by accused priests who, cognizant of their crimes, ask to be dispensed from the obligation of the priesthood and want to return to the lay state.  The Holy Father grants these requests for the good of the Church ("pro bono Ecclesiae").

B3 Disciplinary Measures

In cases where the accused priest has admitted to his crimes and has accepted to live a life of prayer and penance, the CDF authorizes the local bishop to issue a decree prohibiting or restricting the public ministry of such a priest.  Such decrees are imposed through a penal precept which would entail a canonical penalty for a violation of the conditions of the decree, not excluding dismissal from the clerical state.  Administrative recourse to the CDF is possible against such decrees.  The decision of the CDF is final.

C. Revision of MP SST

For some time the CDF has undertaken a revision of some of the articles of "Motu Proprio Sacramentorum Sanctitatis tutela", in order to update the said Motu Proprio of 2001 in the light of special faculties granted to the CDF by Popes  John Paul II and Benedict XVI. The proposed modifications under discussion will not change the above-mentioned procedures (A, B1-B3).

CDF/                                                                                                VIS 20100412 (720)           

The Significant Points, Analyzed

I find this an interesting Clarification in light of all the misrepresentations in the media.  Let's look at some of the crucial points.  (Church quote in blue, my comments in black):

1. "The applicable law is the Motu Proprio "Sacramentorum sanctitatis tutela" (MP SST) of 30 April 2001 together with the 1983 Code of Canon Law. This is an introductory guide which may be helpful to lay persons and non-canonists."  This isn't a change of the laws.  It is explaining to people who are not canon lawyers how the Church procedures actually work.  Given the ignorance of the media in this issue, this is quite important.
2. "The local diocese investigates every allegation of sexual abuse of a minor by a cleric."  Quite important to clarify where the buck stops.  The buck stops with the Bishop.  The bishop who kicks things under the table is doing wrong.  Deciding arbitrarily who is credible is also wrong.  If an allegation is being made, it must be investigated.
3. "If the allegation has a semblance of truth the case is referred to the CDF."  So if the initial investigation doesn't establish the claims as false, it must be sent to the CDF.  This is not optional.  This shows the responsibility of the diocese to inform, and not sit on the cases.
4. "Civil law concerning reporting of crimes to the appropriate authorities should always be followed."  Also crucial.  If a crime is reported to the diocese, it must pass it on as civil law requires.  (Civil law is in contrast to Canon law and not Criminal Law by the way.  The document, for example speaks of a "civil criminal trial.")
5. The CDF has certain options in how the case is handled depending on the circumstances.  It can:
   1. "The CDF may authorize the local bishop to conduct a judicial penal trial before a local Church tribunal. Any appeal in such cases would eventually be lodged to a tribunal of the CDF."  If the Church decides the local tribunal can handle the case, the case is investigated there.  If the accused appeals, it would then go to the CDF.
   2. "The CDF may authorize the local bishop to conduct an administrative penal process before a delegate of the local bishop assisted by two assessors. The accused priest is called to respond to the accusations and to review the evidence.  The accused has a right to present recourse to the CDF against a decree condemning him to a canonical penalty.  The decision of the Cardinals members of the CDF is final."  The Bishop with two assessors may also try the case.  In this case, the CDF can still be appealed to,  The CDF decision is considered final.
   3. "Should the cleric be judged guilty, both judicial and administrative penal processes can condemn a cleric to a number of canonical penalties, the most serious of which is dismissal from the clerical state.  The question of damages can also be treated directly during these procedures."  The priest found guilty can be sentenced to different canonical penalties which can (but not necessarily must) be dismissed from the clerical state (which means the priest is forbidden to use those gifts which the sacrament bestows.  It does not mean the priest is stripped of the sacrament).
6. "In very grave cases where a civil criminal trial has found the cleric guilty of sexual abuse of minors or where the evidence is overwhelming, the CDF may choose to take the case directly to the Holy Father with the request that the Pope issue a decree of "ex officio" dismissal from the clerical state.  There is no canonical remedy against such a papal decree."  So if the priest is convicted in a criminal trial, or the evidence is overwhelming, the CDF can take the case to the Pope to automatically strip the priest of his clerical state… no appeal possible here.
7. "The CDF also brings to the Holy Father requests by accused priests who, cognizant of their crimes, ask to be dispensed from the obligation of the priesthood and want to return to the lay state.  The Holy Father grants these requests for the good of the Church ("pro bono Ecclesiae")."  So if the Pope deems it for the good of the Church, priests who admit their guilt can (not necessarily will) be returned to the lay state (which means they are released from their vows and can marry.  They still have the gifts granted by the sacrament but are forbidden to use them).
8. "In cases where the accused priest has admitted to his crimes and has accepted to live a life of prayer and penance, the CDF authorizes the local bishop to issue a decree prohibiting or restricting the public ministry of such a priest.  Such decrees are imposed through a penal precept which would entail a canonical penalty for a violation of the conditions of the decree, not excluding dismissal from the clerical state.  Administrative recourse to the CDF is possible against such decrees.  The decision of the CDF is final."  This is important in light of all these bogus "Pope stalls defrocking" headlines.  A priest who admits his crimes can be ordered to live a life of prayer and penance, where the Bishop issues a decree where the priest is restricted or prohibited from practicing their ministry.  If the priest violates the conditions, he can suffer additional penalties or even dismissal.  The priest who is treated unjustly can appeal, but what the CDF decides in such a case is final.

Conclusion

This document shows the rush to judgment by the media demonstrates a gross misunderstanding of the Church procedures.  There is a procedure which must be followed.  The most serious cases can result in automatic dismissal by the Pope or the CDF automatically.  Other cases can be judged by the diocese and appealed to the CDF.

The penalties do not have to automatically be dismissal from the clerical state (often wrongly called "defrocking").  The priest can be limited or forbidden to practice their priestly ministry if the circumstances warrant it.

This is interesting to note.  The media labels anything which is not a dismissal to be a "cover up," but in the rules of the Church, the penalty fits the crime and is aimed at bringing the sinful priest to repentance.

When this is kept in mind, the accusations of the bishops wanting dismissal and the Vatican "covering up" are baseless.  In most cases, the Diocese hears the case and sets the penalty, keeping the CDF informed.  In such cases, a diocese seeking to pass on the case assigned to them are guilty of "passing the buck."  In serious cases, the CDF can handle it directly or send it up to the Pope with the recommendation to dismiss the offender.

In light of this, the Church condemnations in the media demonstrate a profound lack of understanding of the Church procedures and a lack of interest in finding out what the Church requires.