Viewpoint In Fargo, its a sin if you can file a
lawsuit over it
By CLARENCE THOMSON
At last the problem of pedophilia
among the priests is being addressed and will be solved early in the new
millennium.
I saw the first real ray of hope in the brilliant theological
innovation by the Bishop James Sullivan of Fargo, N.D. He had some of his
employees sign a covenant that they had not committed and would not commit a
specific series of sins. He then listed 14 sins that would cost one employment.
Eight of them were about sex, the usual preoccupation of moral theologians. He
listed things like pedophilia, exhibitionism, voyeurism, getting and being
gotten pregnant outside of marriage. Then he added several other non-sexual
sins, like embezzlement and drunk driving. Then he added a telltale
breakthrough phrase, and the like. (See NCR, July 16 and
30.)
If youre a moral theologian with Aristotelian categories
always gentle on your mind, you begin to wonder. How is drunk driving like
embezzlement like being gotten pregnant? How is voyeurism like embezzlement
(one is exposure, the other dreads it, for example)? What moral theology
category is crucial enough to cost your job?
Then I saw the breakthrough. The implicit category is sins
the bishop can be sued for. Thats why selling arms to terrorists,
environmental degradation and insider trading were not listed. They are nasty,
wounding the Body of Christ, but they do not render the bishop fiscally
vulnerable.
The bishop of Fargo has made the necessary connection between sin
and money that will ultimately free the church from the demoralizing spectacle
of being sued for sexual misbehavior. The bishops radical insight is that
pedophilia should not be seen as a sexual problem; its a financial
one.
Sullivans people were still too influenced by traditional
moral categories so he had to change his policy, but his category of fiscal
vulnerability will stand the test of time and Rome. Financial problems admit of
financial solutions. Even -- perhaps especially -- pedophilia.
All we have to do is learn from our religious brethren.
Protestant (and I suppose Buddhist and Jewish) clergy have the same percentage
of pedophiles as do Catholic clergy. This is fairly common knowledge. But they
dont get sued. We do.
The reason is not moral, but fiscal. Bishops concentrate all the
wealth of hundreds of parishes in one place. Concentrated wealth draws lawyers
like honey does flies.
Put yourself in a poor, struggling lawyers position. Two
victims of sexual abuse come to you. You have the choice of suing the First
Baptist Church, where all of the victims friends still live and where 300
families have their religious wealth concentrated. As a lawyer, you know you
might get $100,000 if they have insurance. And you have to fight the insurance
lawyers for that. Besides, your victim takes the money from his or her friends
and companions. Not pretty.
Your other choice is to sue a diocese with the concentrated wealth
of 40,000 families in 50 parish communities, and you have a chance for a
multi-million dollar settlement from a faceless diocese, insurance or not. If
you are fiscally alert, you can think niche marketing. You can
specialize! There must be other victims. Now were talking class action.
Zeros dance, making you legally eager.
So all the bishops have to do is decentralize the money. Give it
back to the parishes, perhaps some to the poor. Most bishops are fiscally
conservative; they could call it a tax break like the Republicans. Their motto
would be anybody but the lawyers. Catholics would rally around this
policy.
Some bishops already know this. I know of one bishop of a
poverty-stricken diocese who, after careful scrutiny, will hire back
rehabilitated pedophiles and does so because he cannot be sued. He doesnt
have the money, so he is free to use traditional moral categories of
responsibility, compassion and pastoral judgment.
Poverty is the best possible protection against lawyers. The
bishops, in the best of the Catholic tradition, could declare poverty a virtue
as the church has always taught. Only the lawyers could expose the
bishops real motives and they wouldnt because theres no money
it.
Clarence Thomson is a retired theologian who occasionally
teaches at the University of Missouri at Kansas City Law School.
National Catholic Reporter, September 10,
1999
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