Is Boston Archdiocese Moving Money from Clergy Funds?

January 27, 2012

The annual report for the Boston Archdiocese was released yesterday amidst much hoopla over the “balanced budget.”  There is good news in the report, in that parish collections rose by 4.5% and the archdiocese appears to be on stronger financial footing than in recent years.

But what is not so clear from the reports is the extent to which costs may have been shifted around and money has been moved or redirected from other entities in order to achieve the “balanced budget.”  One example: the Clergy Funds, which provides health, welfare, and retirement benefits for 683 Boston priests–285 senior  priests and 438 active priests.

A look at the 2011 annual report for the Clergy Funds shows they paid $13.5M in benefits and spent $2.3M in administrative expenses to do so.  For every $1 in benefits paid, they spend 17 cents to administer the benefits, or about $3,357 in administrative costs for each priest receiving some benefits.

Included in those $2.3M of administrative fees is $427, 642 of “Service fees” to the Boston Archdiocese for “administrative, technology, and clerical services charged to the Clergy Funds by the Roman Catholic Archbishop of Boston.”  That $427K is on top of nearly $500K in salaries and benefits, $331K for contract services, and $230K for the plan administrator. A reasonable person might question if appropriate value is derived for all of those four areas, but BCI will give credit for the plan stabilizing in recent years, and the latter 3 areas are not the focus of this post.

That said, is the Boston Archdiocese really spending $427K in administrative costs to help service the Clergy Funds?  Good question. The answer is not really.  Sources tell BCI that is the result of an overhead rate applied to the Clergy Funds.  Some of that is OK–IT help-desk support, building/facility costs, use of the photocopier, etc.  But for that $427K to have been a real number, it would mean that beyond the full-time staff and contract services on the Clergy Funds’ books, there would be the equivalent of another 5-6 full-time administrative assistants  (~$50K each) plus a full-time IT guy ($100K), along with their associated benefits. One might reasonably ask if that reflects reality.

Incidentally, the amount charged back by the archdiocese for overhead rose 20% from 2010 to 2011 (from $355K to $427K), while the benefits paid actually dropped by 10% (from $15.1M to 13.5M).  (Presumably, the increased overhead was associated with higher salaries and more people working on the plan to administer the lower amount of benefits.  Makes sense?!)

Sources tell BCI that what really happens is the Chancellor applies somewhat inflated overhead rates to the entities that have the most money (i.e. Risk Management, Clergy Funds, Self Insurance, etc.) As stated a moment ago, some of that $427K charged back to the RCAB goes to pay actual administrative costs of supporting the Clergy Funds (IT support, building/facility, etc.) while some instead goes to pay for other things. Those other things could include the excessive six-figure salaries in the Office of the Chancellor and/or elsewhere in the ranks of the Pastoral Center/central ministries executive staff.

So when people donate to the Clergy Funds (Easter and Christmas Collection, annual fundraiser dinner), most of their donations go to the funds that directly benefit priests, which is how it should be.  But about 17% of what they donate is consumed by administrative fees. And some portion of that 17% is apparently redirected to balancing the Central Ministries budget.  If so, then some people might consider that a purpose other than that intended by the donor.

Is money being charged against one area to pay for a different one?  Only a detailed accounting of the actual costs would confirm this.

This is not the only area of concern in the Annual Report.  Once again, self-insurance funds were used to help balance the budget. Many $150K+ salaries were not disclosed. The $5M debt owed to St. Johns Seminary as of 1/1/2011 has still not been repaid.

More another time.


Pssst!

January 26, 2012

By now, most regular readers must know about the new staffing and pastoral leadership model proposed for the Boston Archdiocese.  News of the proposed pastoral collaboratives, as part of the Pastoral Service Team (PST) initiative, is spreading like wildfire, now that the proposed parish groupings have been published.

All of the information is posted at this website: www.planning2012.com/2012-consultation

Here are links to the proposed parish groupings by region: South, North, Central, West, Merrimack Region

Local newspapers and media outlets are picking up the local angles.  For example:

The Sentinel and Enterprise reported the following in “Archdiocese unveils plan for sharing of parish resources“:

In a proposal by the Archdiocese of Boston, 25 parishes in Greater Lowell, including those in Townsend and Shirley, will become 10 pastoral collaboratives that could eventually share resources, including pastors, priests, staff and ministries.

According to the archdiocese, a greater coordination of trained personnel and the consolidation of similar works and ministries in parishes within a pastoral collaborative will ease the burden currently experienced by pastors and staff.

Unlike the reconfiguration process that began in 2004 and closed or merged dozens of parishes, including six in Lowell, the new proposal does not mandate the closing of any parishes — just the sharing of resources.

Each parish will retain its individual identities and assets.

“No parishes are supposed to be closed. The archdiocese is just trying to ensure that all parishes will have the services they need to continue to grow in new and vibrant ways,” said the Rev. Brian Mahoney, pastor of St. Francis in Dracut.

The largest proposed collaborative is composed of four parishes: St. Mary in Ayer, St. Anthony in Shirley, St. John the Evangelist in Townsend, and Our Lady of Grace in Groton-Pepperell.

St. William in Tewksbury, which ranks among the largest parishes in the archdiocese and is the only Catholic church in Tewksbury, is the only Greater Lowell parish to stand alone.

The Swampscott Patch reported:

The plan calls for multiple churches, in some cases, to be served by a single pastor who leads a pastoral team, says Archdiocese Spokesman Terry Donilon.

One such group would form among St. Thomas Aquinas in Nahant, St. Johns in Swampscott and Our Lady Star of the Sea in Marblehead. There would be 27 collaboratives among parishes in the North Region of the Boston Archdiocese.

Just to recap, the idea is to create a structure called a Pastoral Service Team (PST) to provide pastoral services to multiple parishes.  The archdiocese describes the model as follows:

“The Pastoral Service Team would be comprised of a group of priests, deacons, pastoral associates and lay ecclesial ministers, who provide pastoral services to multiple parishes.  Because of shared ministerial leadership and shared finance & pastoral councils, the parishes would collaborate with each other on some ministries such as evangelization, faith formation and outreach.  This proposed new structure does not call for the closing of any parishes.  Rather, it focuses on the means by which pastoral services are provided in and to our parishes, and through collaborating on ministries, allows the Catholic community within an area of the Archdiocese to benefit from a broader set of local Catholic ministries.  Each pastoral collaborative, served by a PST, would be charged with the development of a local pastoral plan to best serve the Catholics in that particular area of the Archdiocese.

Initially there appeared to be a fairly warm reception by many priests to the proposal, as evidenced by the voting at the December convocation in Randolph, where 2/3 of priests said the direction in which the proposed PST model would take the archdiocese was either the “right direction” or “close to right.”

That was then and this is now. Things have turned substantially chillier in recent weeks as pastors, parish councils and parish staffs start to more fully grasp the implications.  Pastors will be asked to resign their positions, and new pastors will be appointed who have no loyalty to their new parish and no knowledge of the parish history or people for whom that parish is their long-term spiritual home.  One person commented privately to BCI that the current direction of the initiative seems to be creating 100+ “circular firing squads.”  Some degree of power and control will be given up by individual parishes as they are asked to collaborate and share resources.  Some parish employees will no doubt lose their jobs, and may not be eligible for unemployment benefits.  BCI is hearing of emergency parish council meetings and letters being written to Cardinal O’Malley.

As parishes all wrestle with the implications of the proposed plan, at the same time it is clear that the current model of parish staffing is not sustainable. We know that priests are stretched to thin, the number of Catholics attending Mass continues to decline and 40% of parishes are unable to pay their bills.

BCI is going to remain neutral on the plan and not voice an opinion for now, except to say the following.  Clearly, something must change in the current model of parish staffing.  It seems to BCI that either we close a hundred-some parishes or we adopt a different model of staffing and keep existing parishes open. Either option has its challenges. The manner in which whatever new plan is chosen and implemented is key to success.

Right now, we are hearing a lot of consternation. Pastors, priests, parish councils, parish employees and parishioners should all voice their input and feedback to the archdiocesan leadership on the proposed plans through the established channels in order to ensure your input is heard. BCI still has good reason to believe that the Cardinal and those in charge of pastoral planning will listen to every piece of input they get on this important issue.

As always, you can feel free to share and vent on BCI (but please do not use BCI as an alternative to sharing your input directly with the archdiocese on this particular issue).


Obama’s “unconscionable” birth control mandate on Catholic hospitals and colleges

January 25, 2012

Amidst the good news about the large number of young people from Boston who went to the March for Life, the bad news is the Obama administration announced last Friday that faith-based entities like Catholic hospitals and Catholic universities will have to provide employees with free birth control as part of their insurance packages. The mandate will also force such groups to pay for sterilizations and FDA-approved abortifacient drugs such as Ella under the umbrella of “contraception.”

BCI is posting on this topic with a message to Boston Catholics and Cardinal O’Malley because his words in reacting to such news were disappointing, and we hope for the sake of the unborn and the archdiocese that he will adopt a different approach in the future.  Our Cardinal walks in the annual March for Life, but outside of that, he does not always walk the talk.  Keep reading.

USCCB President, Cardinal-designate Timothy Dolan of New York, called the Obama administration rule “literally unconscionable.”  It is exactly that.

Here is a short video statement by Cardinal-designate Dolan. He sharply dolancriticized the decision by the Obama administration in which it “ordered almost every employer and insurer in the country to provide sterilization and contraceptives, including some abortion-inducing drugs, in their health plans.”

 “Never before has the federal government forced individuals and organizations to go out into the marketplace and buy a product that violates their conscience. This shouldn’t happen in a land where free exercise of religion ranks first in the Bill of Rights,” Cardinal-designate Dolan said.

As LifeSiteNews reported, the mandate is being implemented as part of the new health care legislation that was passed in March 2010 despite vigorous opposition from U.S. Catholic bishops, who called it dangerously open to being used as a means of spreading abortion.

Here is an excerpt from the National Catholic Register, “HHS Secretary Sebelius: Church Groups Must Provide Contraception.”

WASHINGTON — Kathleen Sebelius, the secretary of the Department of Health and Human Services, confirmed today that church-affiliated hospitals, agencies and universities will be required to provide contraception and sterilization in the health insurance they provide employees.

However, nonprofit religious institutions will receive an additional year to accommodate this controversial regulation covered under the new health bill, with an extended deadline of August 2013.

In a blow to the U.S. bishops and Catholic institutions that had lobbied for a broader exemption for church-affiliated organizations,  the HHS secretary released a statement Jan. 20 approving the final rule for mandated preventive services for women. Houses of worship are exempted from the rule.

“I believe this proposal strikes the appropriate balance between respecting religious freedom and increasing access to important preventive services,” Sebelius said. “The administration remains fully committed to its partnerships with faith-based organizations, which promote healthy communities and serve the common good. And this final rule will have no impact on the protections that existing conscience laws and regulations give to health-care providers.”

The secretary’s judgment was broadly contested by a range of Catholic leaders and religious-freedom advocates.

“In effect, the president is saying we have a year to figure out how to violate our consciences,” said Cardinal-designate Timothy Dolan, archbishop of New York and president of the U.S. Conference of Catholic Bishops in a statement.

The cardinal-designate continued, “To force American citizens to choose between violating their consciences and forgoing their healthcare is literally unconscionable. It is as much an attack on access to health care as on religious freedom. Historically this represents a challenge and a compromise of our religious liberty.”

The suggestion by Sebelius that this move respects religious freedom is nothing less than fallacy. And Sebelius considers herself “Catholic.”

This Catholic college said they would shut down before submitting to the abortifacient mandate.  Read this article, “Sebelius in trouble with Catholic Church” for more about how Kathleen Sebelius has already been admonished against receiving Communion by two archbishops.

This piece in First Things give yet more color to the issue:

“…the Obama-Sebelius HHS rule forces countless Americans to purchase health insurance that violates their religious beliefs.  And it forces religious organizations that seek to do good in the world–universities and schools, hospitals and clinics, adoption and social-service agencies, soup kitchens and clothing banks–to violate the consciences of their religious communities if they want to continue to do all these good things.  Cover abortifacients and sterilizations in your employee health plan, the little Christian school down the road from you will be told.  The choices will be a) violate your conscience, b) drop your health coverage and propel your employees into the government-run “exchanges” awaiting them with all the tender mercy of federal bureaucrats, or c) close up shop.  Some choices.”

BCI agrees with Archbishop Dolan this move is unconscionable. Frankly, it is outrageous. It is oddly coincidental how the announcement was timed two days before the 39th anniversary of Roe v Wade and three days before the March for Life.

Cardinal Sean O’Malley posted on his blog about the move. In a post entitled, “Literally unconscionable,” he said “we are distressed” to learn about the requirement by the Obama administation,  and “I join Cardinal–elect Dolan in expressing deep disappointment at this unprecedented infringement on religious liberty in our country.”  Later in the post, he urged readers to contact elected officials and urge them to protect our right to religious liberty guaranteed by the First Amendment.

Some may accuse BCI of parsing words, but words can be powerful.  It is the observation of BCI and others that the Cardinal O’Malley has a pattern of expressing mere “disappointment” with those who advocate for abortion or infringe on the rights of Catholics to practice our faith (instead of “outrage”), but his language has been much more strident to pro-life Catholics when he is crossed by them standing up for Catholics beliefs and principles.  For example:

  • In writing about his presiding over the Ted Kennedy funeral on his blog in 2009, Cardinal O’Malley said of Kennedy, there is a “tragic sense of lost opportunity in his lack of support for the unborn.  To me and many Catholics it was a great disappointment…”  In the words of the Cardinal, it was a “lost opportunity” and “great disappointment” that Kennedy actively supported the killing of more than 50M unborn babies in the womb, but in the same blog post, Cardinal O’Malley used harsh language to criticize pro-lifers who complained about the funeral, saying, “At times, even in the Church, zeal can lead people to issue harsh judgments and impute the worst motives to one another.  These attitudes and practices do irreparable damage to the communion of the Church.”
  • Cardinal O’Malley allowed a 2010 Boston Social Justice Conference to feature a BC priest, Fr. Thomas Massaro SJ, who signed a public letter supporting Kathleen Sebelius for HHS Secretary. According to published minutes of an Archdiocesan Pastoral Council meeting, the Cardinal dismissed complaints by council members about this matter, saying  he “takes Fr. Massaro’s work in the context of the priest’s life of service to the Church.” Now that same HHS Secretary, Sebelius, is forcing an unprecedented infringement on our religious liberty.
  • Cardinal O’Malley still retains Jack Connors as Boston Archdiocese Finance Council member, fund-raiser and adviser while Connors raises  millions of dollars for the most pro-abortion president in U.S. history and while Connors works against the Catholic Church by chairing Partners Healthcare, one of the largest abortion providers in the commonwealth. Yet Cardinal O’Malley fails to try and rally Connors to support abortion alternatives in Boston, or to insist that his advocacy for those who support abortion is incompatible with him serving in a senior advisory and fund-raising role.
  • Back in 2009 when pro-life Catholics complained that the proposed Caritas Christi arrangement with the Commonwealth Care program would result in referrals to abortion providers, the Cardinal reacted on his blog by criticizing pro-life Catholics for “doing a great disservice to the Catholic Church.”

In view of this latest news, Cardinal O’Malley will have his work cut out for him as the chair-elect of the USCCB Committee on Pro-Life Activities. This LifesiteNews article published shortly after he was elected to the role sums it up nicely:

“In recent years Cardinal O’Malley has had an at-times strained relationship with the United States’ pro-life movement. While known for his doctrinal orthodoxy on life and family issues, he has also been criticized by pro-life and pro-family leaders for certain prudential decisions.”

Cardinal O’Malley will need to take strong, decisive action to oppose the latest move by the Obama administration.  He spoke to President Obama at the Ted Kennedy funeral about ObamaCare, which now, forces Catholic institutions to violate their moral principles on contraception. What will be next?

Beyond the symbolic gesture of leading the pilgrimage of young people down to Washington for the March for Life and beyond the blog post, what else will the chair-elect of the USCCB Committee on Pro-Life Activities due to rally Boston Catholics to address this new unconscionable policy by the Obama administration, the ongoing evil of abortion and the damage abortion does to women, and the continued unconscionable retaining of a Finance Council member/fund-raiser who supports politicians and institutions that work against the Catholic Church?


March for Life

January 21, 2012

The Boston Herald and Boston Pilot are reporting how nearly 500 youth and young adults from the Archdiocese of Boston will join Cardinal Seán O’Malley for the annual March for Life this year in Washington, D.C.

According to the Pilot:

Ten buses will leave the Pastoral Center to transport the young people to the pro-life pilgrimage on Jan. 22. Participating youth and young adults will experience daily Mass, daily rosary and chaplet of Divine Mercy. During the trip there will also be an opportunity to visit the National Basilica Shrine of the Immaculate Conception, the Holocaust Museum, the Lincoln Memorial, the War Memorials and Arlington National Cemetery.

“We are overjoyed this year at the tremendous response, and as a result of that the tremendous advocacy amongst our parishes and schools to bring young people,” said Father Matt Williams, director of the Office for the New Evangelization of Youth and Young Adults.

“The leaders, and the pastors, and the campus ministers have done a phenomenal job in advocating for this march, and helping young people come to be involved in issues like this,” he added

…the annual March for Life draws over 400,000 people, mostly youth and young adults.

Four years ago, the Office for the New Evangelization began partnering with the archdiocese’s Vocation Office and Pro-Life Office to organize the pro-life pilgrimage.

Of course, if history repeats itself, one person who will not be heading to the March for Life is Fr. Bryan Hehir, Secretary for Social Services and Healthcare, who just so happens to have the Pro-Life Office under his scope of responsibility. Fr. Hehir, as we saw in this post, does not like to talk about the evil of abortion or have Cardinal O’Malley talk about it because it “offends” people and stirs the pot about a problem that “will never be solved in our lifetime.”  So, Fr. Hehir lets Cardinal O’Malley “march” in Washington, DC, but that is about it in terms of public words and action opposing abortion.

For Fr. Hehir, we invite him to take the time saved by not attending the March for Life, and instead sit with his former Catholic Charities buddy, Catholic Schools fundraiser and Finance Council member, Jack Connors (who is also Chairman of Partners Healthcare, one of the largest abortion providers in Massachusetts, and who raised $2M for pro-abortion President Obama last year), to watch this powerful 33-minute video, 180 Movie. We also invite anyone to watch the video and share with people you know who may be supporters of abortion.

The documentary, produced by Christian pastor Ray Comfort, has gone viral to reach 2 million viewers in the four months since its launch in late September 2011.  It shows how asking questions about Nazi, Germany and the Holocaust can spark a powerful change of heart in people’s minds on the issue of abortion.  You can read more about the movie here. Warning, some of the video footage is graphic.

Amidst the good news about nearly 500 young people going to the March for Life, we have the bad news that the Obama administration just announced an unconscionable birth control mandate on Catholic hospitals and colleges.  More on that topic next time.


Input from Our Readers: Pastoral Planning and Dogs in Church

January 18, 2012

BCI has been asked by readers to cover several topics, and we would like to ask readers to share their perspectives on two of them.

1. Pastoral Planning Plan and Process: If you are a priest or parish employee, how do you feel about the proposed plan and process so far?  By means of an example, one reader posted the following comment yesterday:

“I hope BCI will soon get into the recent week of meetings held in Braintree with various groups of parish employees who serve as business managers, principals, religious education directors, pastoral assistants, etc. regarding Pastoral Planning.  They were a nightmare almost as much of a nightmare as the new payroll company that was imposed on all parishes.”

This is a strong statement from one individual, which may or may not necessarily represent the feelings of everyone.  BCI is hearing very mixed feedback.  We are definitely hearing that the level of angst and anxiety out there is increasing. Some pastors are in a “wait and see” mode and are eager to provide input towards the planning process.  Many pastors are justifiably concerned that pastors will have to resign from their roles as part of this plan. Many of those who are currently pastors will not be pastors in the new plan going forward.  What role the pastors will play in the overall decision-making process is unclear, because there has not been any communication to them about what their role will be. Some pastors feel the plan is a bad one.

If you are a parish employee, priest or pastor, you can share your thoughts anonymously either via comments on this post or via the Contact Us form.  (The Contact Us form asks for a name and email address, but you can  write without using your real name or real email address–we still get the message, but just cannot respond). There is reason to believe the Archdiocese does want input to make this process better, so if you feel something is wrong or broken in the process or plan, please also suggest what you think should be done better or differently.

2. Dogs in the Sanctuary 

In follow-up of this USA Today article, “Pooches Take the Pulpit,” we have heard of two parishes in the Boston Archdiocese where the pastors apparently allow the parish dogs in the sanctuary during the offering of Mass or other sacraments–St. Mary in Charlestown and St. Bridget in Maynard.

BCI likes dogs and has no complaint about there being a “parish dog” who lives in the rectory and performs his or her “business” outside of the rectory or on exterior parish grounds. But BCI does not see where it is at all appropriate to have a dog in the sanctuary at any time, let alone during the offering of Mass or sacraments.

If you are familiar with either of these situations or any other in the Boston Archdiocese where a dog (or other parish pet) is routinely allowed in the sanctuary during the offering of the Holy Sacrifice of the Mass or during other sacraments, please feel free to comment or drop us an email.


The Roman Missal Changes

January 15, 2012

BCI thought we would take a break from controversy on our usual topics to touch on something less controversial, such as how people are doing with implementing and learning the new Roman Missal.

Now that the changes have been rolled out, how is it going in your parish?

In recent weeks, the BCI team, along with people who follow BCI, have been observing how parishes in Boston and elsewhere in New England are doing with the changes.  As would be expected, some parishes are doing well (ie. After the priest says, “The Lord be with you,” most people in the pews respond, “And with your spirit.”)  Elsewhere, the people in the pews seem to be struggling (ie. the response is a garbled combination of the old “And also with you” along with the new, “And with your spirit.”)

Old habits die hard. We know this will take a long time for everyone to get as familiar with the new translation as we all were with the old.  BCI and our readers regress from time to time.  Still, we tried to see if there were any best practices or trends to be shared.

At the parishes where the faithful in the pews are doing well and the changes sound like they have good traction, BCI learned that the priests have regularly reminded people during Masses since the beginning of Advent to be mindful of the changes and to use the cards in the pews. They say the words to the Confiteor every Sunday. In addition, when the priests were asked in casual conversation how it was going with the new Roman Missal, they were generally positive on the changes. In contrast, in the parishes where the people in the pews are not doing so well with mastering the changes, there were no verbal reminders, or few reminders in at least the past month. And by coincidence, where the people are not doing well with the changes, at those same parishes there is also some sense that the priest has not been enthusiastic about the changes himself.  Several readers report that their pastors had been somewhat begrudging in their style of communicating the changes and appeared displeased or unenthusiastic about them.

Beyond that, we digress for a moment to mention one case we know of where priests are already making changes to the new words.  This blog post from Concord pastor, Fr. Austin Fleming, about some passages in the new book he was finding difficult to use, opened a small Pandora’s box in the comments.  Fr. Fleming wrote about new text included in the Eucharistic Prayer for Masses for the Dead which he found difficult and thus changed slightly. Then he said:

“That I consciously made a change in the text leads me to wonder what changes other priests are making and where that will lead us.”

This prompted one reader to respond, “I would hope that priests do have the ‘freedom; to change wording particularly in the example you just showed us in your funeral liturgy,” and then other priests who had issues with the new translations further piled on the discussion.

BCI does not see where the Vox Clara Committee (which advises the Congregation for Divine Worship and the Sacraments on English translations) or the International Commission on English in the Liturgy were intending a “Have it your way” approach to the new translations; however, perhaps we missed something.  (But we digress…)

Anyway, BCI has 3 small suggestions for priests that we hope might make it easier for faithful Catholics in the pews to master the new translations:

  1. Continue the reminders: If the priest offering the Holy Sacrifice of the Mass finds people are still struggling to master the changes, perhaps he might give a short reminder at selected times during the Mass (ie. before the greeting, Confiteor, recited Gloria, Preface Dialogue, spoken Sanctus, or Mystery of Faith) that the people be attentive or mindful to the new words from the cards in the pew.
  2. A little extra catechesis never hurts.  For example, most people may still not realize that the old “and also with you” translation from Latin  et cum spiritu tuo was an error.  That translation was inaccurate and misled people into believing that when the priest said, “The Lord be with you,” the people were basically saying in response, “same to you, Father.”  As described here, the expression et cum spiritu tuo (accurately translated: “and with your spirit”) is an acknowledgment by the congregation of the grace and presence of Christ who is present and operative in the spirit or soul of the  celebrant.  Christ’s Spirit is present in the priest  in a unique way in virtue of his ordination. What the dialogue means is:
    Celebrant:
    The Lord be with you.
    Congregation:
     We do in fact acknowledge the grace, presence and Spirit of Christ in your spirit.
    It can be found in the New Testament letters of St. Paul: “The Lord be with your spirit” (2 Tm 4:22) and “The grace of the Lord Jesus Christ be with your spirit” (Phil 4:23).
    This piece, “And with Your Spirit,” republished by Our Sunday Visitor gives even more commentary, including this quote from St. John Chrysostom, who held that the congregation’s response, “And with your spirit,” is an implicit profession of faith in the power of the sacrament of holy orders:

    “If the Holy Spirit were not in this your common father and teacher, you would not, just now, when he ascended this holy chair and wished you all peace, have cried out with one accord, ‘And with your spirit.’

    Thus you cry out to him, not only when he ascends his throne and when he speaks to you and prays for you, but also when he stands at this holy altar to offer the sacrifice. He does not touch that which lies on the altar before wishing you the grace of our Lord, and before you have replied to him, ‘And with your spirit.’

    By this cry, you are reminded that he who stands at the altar does nothing, and that the gifts that repose there are not the merits of a man; but that the grace of the Holy Spirit is present and, descending on all, accomplishes this mysterious sacrifice. We indeed see a man, but it is God who acts through him. Nothing human takes place at this holy altar.”

    …our Catholic priests speak and act with the power of the Holy Spirit. They do so when they repeat that five-time epiclesis, “The Lord be with you.” Indeed, only a man who has been ordained may pronounce those words in the liturgy. A layman leading a prayer service may not.

  3. Practice makes perfect: Repetition has a powerful impact on learning. Athletes use repetition to perfect their skills, musicians use it to learn music and students of foreign languages use repetition to learn a new language.  Yet ironically, few parishes are using any form of practice or repetition to get the people to break old habits and learn the new words more quickly.  In the same way that leaders of song will take a few minutes to review new music or Mass parts with the congregation before Mass, if people are struggling with the Roman Missal changes, it may be worthwhile for priests to take a few minutes before Mass to speak through the new words together with the people  (ie. recite the new Gloria together with the people, or simply get the people saying together some of the responses aloud).This may sound a little simplistic, but when the people are struggling to master “and with your spirit” as a response, imagine the priest taking 1 minute before Mass to do a short practice repetition 3-5 times: Priest says “The Lord be with you,” and the people respond “and with your spirit.”  Do this 3-5 times before Mass over a couple of Sundays and the people will have it nailed!  A similar approach might be tried for the Gloria or Sanctus.  In the absence of this, we may find many people still stumbling through the translations a year or more from now.

These are just a few observations and thoughts from BCI on the Roman Missal changes.  How is it going in your parish?


Honesty and Accountability with Finances and Pensions

January 12, 2012

We are holding off on our final installment regarding the pro-family advocates and former ambassadors’ misrepresentation of the record of Mitt Romney to cover a different topic today.  (But we still suggest The Pilot remove the CNA propaganda and both endorsements from their website.)

Last week on the panel with Rep. Barney Frank which we complained about, Fr. Bryan Hehir was quoted as having “urged voters and the news media to insist on accountability and honesty from elected officials.“  BCI is going to ask Fr. Hehir to put his money where his mouth is–as well as the officials of the archdiocese–when it comes to financial reporting and pensions.

Financial Reporting
This is the time of year when the finishing touches are put on the annual report for the archdiocese.  Vicar General Msgr. Deeley may be leaving most of this to the Chancellor and his team, but BCI suggests he get a little more closely involved. Here are a few examples of areas to work on before the ink is dry:

  • Balanced Budget?:  Last year it was reported that the archdiocese had a “balanced budget,” which means that revenue should have equaled expenses.    BCI documented several reasons why that was not actually the case in our post last April, “Balanced Budget?”–including the fact that $1.4 million was taken from Insurance funds to pay for Central Operations programs.  No one from the archdiocese responded.
  • Moving Money: People are still wondering where funding comes from to support the $2.5 million in expense for the Office of Child Advocacy and Victim Assistance that was on the books in 2010, but mysteriously disappeared from the 2011-2012 budget, as we described in “Boston Archdiocese Budgetary Hocus Pocus” last October.
  • Debt to St. Johns Seminary: What has happened with the $40M debt obligation by the Boston Archdiocese to St. Johns Seminary, which is to repay the seminary for  proceeds from the sale of the SJS Brighton property (where the Boston Archdiocese kept the cash proceeds and used them to repay other debt)?  We reported last year how the archdiocese had defaulted on the first part of that debt by not paying back $5M owed January 1, 2011.  They were negotiating to give St. John’s a building in Brighton instead.  Will the archdiocese somehow reflect in financial reports the means by which the remainder of the obligation will be repaid?
  • Salary Disclosure:Last year the annual report said the disclosure of executive compensation was “modeled after IRS Form 990…providing greater visibility into RCAB compensation information.”  Given all of the concerns and complaints about excessive compensation, if they want to model the standard disclosure for non-profits and charities, they should actually followthe IRS Form 990. The990 instructions clearly say they require disclosure of all salaries over $150,000, as well as the 5 highest compensated employees other than directors, officers, and key employees who received more than $100K in compensation.  The 2010 report mysteriously excluded this information, which would have no doubt highlighted Carol Gustavson, Kevin Kiley, and a few others.  This year, BCI suggests the full disclosure be included
  • Executive Salary Review:A year and a half after the Compensation Committee was approved, they are due to release a report on compensation practices along with the Boston Archdiocese annual report. BCI and others are wondering how much they have paid the expensive outside consultant to do the work that previously was done by archdiocesan staff, and more importantly, the extent to which their report and recommendations will change anything.

Pensions
This is a topic that requires dedicated attention in separate posts, but we will get it started today.  Last year we posted extensively about pensions–how the archdiocese was spreading misinformation about the lay pensions, the failure of the archdiocese to uphold previous commitments to former employees regarding pension payments, the pressure on former employees to take lump-sum pension buyouts at a lowball prices without the archdiocese trying to collect funds from affiliated employers who owed money and without giving a fair valuation to the unfunded pension liability, and the hardball tactics taken with the Daughters of St. Paul. The clergy pension fund is a whole different ball of wax.

While the archdiocese is finalizing financial reports for 2011, Cardinal O’Malley, Msg. Deeley, Fr. Bryan “Social Justice” Hehir, and the Massachusetts Attorney General Martha Coakley should take a closer look at how and why the pension liability for Caritas Christi employees (when Caritas was spun off in 2010) was mysteriously valued much differently than basically the same pension plan liability for archdiocesan employees.

The short version of the story is that when Caritas Christi was “acquired” by Cerberus in 2010, the archdiocese and Caritas Christi told the Supreme Judicial Court that the value of Caritas’ unfunded pension liability was $260 million:

“During the hearing, Spina asked questions about the hospital system’s $260 million in unfunded pension liability.  It is an important issue because without the liability, the financial condition of Caritas would be much improved, and the state only permits sales of hospitals that are performing poorly.”

But according to the audited financial statements for the 3 Caritas plans covered by the transfer (found in Caritas Christi Retirement Plan and Trust and Caritas Christi 2010 audit), the amount on the books for the unfunded pension liability was $123.3M.

Why is there a difference of $136.7 million between the audited results and what was reported to the court and the public?

Why is the amount of unfunded pension liability Steward/Caritas is planning to pay their employees more than double the figure that was on the books?

What does this have to do with archdiocese having pressured former employees to take lump-sum pension buyouts  while many questions remained unanswered about the value of the unfunded pension liability?

Where is the accountability and honesty from our diocesan officials and elected officials?

The answers to these questions should come from the Boston Archdiocese, Chancellor Jim McDonough, Caritas Christi, and Attorney General Martha Coakley.

In the meantime, BCI suggests the Vicar General and Finance Council head, Jack McCarthy pay a bit more attention to the annual report and pension situation than perhaps you were paying until now.


Former Vatican Ambassadors, pro-family advocates misrepresent Romney record on defense of marriage

January 10, 2012

In our post yesterday, “Pro-family advocates misrepresent Romney’s record on life, marriage,” we talked about how the Boston Pilot had erred by publishing an endorsement of a political candidate on the front page of the archdiocesan newspaper (“Pro-family advocates defend Romney’s record on life, marriage.”)  Furthermore, the letter referenced in the article, and signed by former Vatican ambassadors, Mary Ann Glendon and Ray Flynn, and former Mass Catholic Conference head, Gerry D’Avolio, contains a series of incorrect statements or flat-out misrepresentations of facts and reality.

Yesterday we talked about the misrepresentations regarding the record of former Gov. Romney on emergency contraception. Today we discuss the misrepresentations on the issue of “same-sex marriage.”  BCI admits we are a bit “over our skis” on this one, and we are relying on information provided to us from a number of sources and legal experts with permission to republish their information. Our point here is that The Boston Pilot published information that was inaccurate.

But in addition, it now appears to BCI that our own Catholic lawyers advising the archdiocese at the time on defense of marriage gave faulty advice that contributed to a surrender on this battle rather than a legitimate constitutional fight. We are assembling rather conclusive proof of that. Some of those lawyers are also now apparently giving political air-cover to Gov. Romney in his campaign instead of speaking the truth.

Among many issues with the letter is that the signatories said Romney “staunchly defended traditional marriage”, claimed he did not issue marriage licenses to same-sex couples, and “worked hard to overturn ‘same-sex marriage’ in the Commonwealth with substantial results.”

These issues could take days and many posts to cover, so BCI must take an abbreviated path and will cover this with an addendum to the main post (so come back to read more later).  First, some background and then an explanation of what is inaccurate in the letter from Prof. Glendon, Ray Flynn and others.

The Goodridge Ruling

November 18, 2003: The Massachusetts Supreme Judicial Court ruled 4 to 3 in Goodridge v. Department of Public Health that the state’s ban on same-sex marriage was unconstitutional.  The court specified that the original marriage law banned homosexuals from marrying partners of the same sex as themselves. This law was left intact by the Goodridge ruling (“Here, no one argues that striking down the marriage laws is an appropriate form of relief.”)  The court gave the Massachusetts Legislature 180 days in which to “take such action as it may deem appropriate” following its November 18, 2003 ruling.

What the Massachusetts Constitution Says

The first place that “Boston Lawyer” suggested we look is to the Massachusetts Constitution, written in 1780 and the oldest written, still-governing constitution in the world, with clear separation of powers. Gov. Romney took a sworn oath to uphold. It says:

Part the First

Article X: “…the people of this commonwealth are not controllable by any other laws than those to which their constitutional representative body have given their consent.”

Article XX. The power of suspending the laws, or the execution of the laws, ought never to be exercised but by the legislature, or by authority derived from it, to be exercised in such particular cases only as the legislature shall expressly provide for.

Article XXX. In the government of this commonwealth, the legislative department shall never exercise the executive and judicial powers, or either of them: the executive shall never exercise the legislative and judicial powers, or either of them: the judicial shall never exercise the legislative and executive powers, or either of them: to the end it may be a government of laws and not of men.

Chapter 3, Article V.
Article V. All causes of marriage, divorce, and alimony, and all appeals from the judges of probate shall be heard and determined by the governor and council, until the legislature shall, by law, make other provision.

“Boston lawyer” said, “The simplest way for people to understand this is to just look at Chapter 3, Article V–anything having to do with marriage according to the Mass Constitution separation of powers is the purview of Governor and the Legislature–the SJC is banned by the state constitution from ruling on marriage.”

Articles XX and XXX of the constitution say the courts have no power to suspend laws or change the laws.  Article X says the people of the commonwealth are only bound by laws passed by the people they elect to the legislative branch of government, not judges.

Several lawyers and experts on this topic say that if Mitt Romney had just followed the Massachusetts Constitution–as he took an oath to do–he would have said two things–the court had no constitutional authority to rule on marriage, and only the legislature could change the laws. Since the elected Legislature never approved changes in the law to permit and legalize “gay marriage,” the Romney administration–Romney himself, his general counsel and Department of Health under his authority–had a constitutional duty to uphold the law on the books. Thus, they should not have directed town clerks to issue “same-sex marriage licenses,” and the people of the commonwealth should never have been bound by a supposed new “law” that really was never a law at all, and is not even a law today, despite popular misconception.

Here is the bitter irony and grave tragedy as we understand it.  Even the attorney for the gay and lesbian couples in the Goodridge case, Mary Bonauto, acknowledged in November 2003 that the legislature had to act to change the marriage laws before “same-sex marriages” were permitted, but it was Gov. Romney and our own Catholic lawyers who said that was not necessary!

MASSACHUSETTS COURT RULES BAN ON GAY MARRIAGE UNCONSTITUTIONAL (Nov. 18, 2003)

“While seen as a victory for gay rights advocates, the decision itself does not make it immediately possible for seven same-sex couples who sued the state to receive marriage licenses since the court left the details of the issue to the legislature.

Attorney Mary Bonauto, who represented the seven gay couples who sued the state, said the only task the court assigned to state lawmakers is to come up with changes in state law that will allow gay couples to marry by the end of the 180-day period.”

As BCI understands it, an undisputed fact is that those changes to state law never occurred. Lawyers tell BCI that the ruling was not somehow “self-executing” as emails from some of the Catholic lawyers leaked to BCI suggest they believed and still believe today. Consider the following:

“He [Romney] placed the blame for the confusion on the Legislature, which has yet to follow a directive from the SJC to change the state’s marriage laws to reflect the legalization of same-sex matrimony.” ‘‘I believe the reason that the court gave 180 days to the Legislature was to allow the Legislature the chance to look through the laws developed over the centuries and see how they should be adjusted or clarified for purposes of same-sex marriage; the Legislature didn’t do that,’’ Romney said. Senator Bruce E. Tarr (R) of Gloucester, said he believes the Legislature will ultimately pass bills that will insert gender-neutral language into the state’s marriage laws in time for the May 17 deadline. ‘‘No one should interpret inaction thus far with the idea that no action is forthcoming,’’ he said

But, no action was forthcoming.  No laws ever changed. Yet Romney proceeded to order issuance of same-sex marriage licenses anyway in mid-May of 2004.  As BCI sees it, this is perhaps one of the most impactful “head-fakes” on society of all time–one which continues to this day.

This is not just the opinion of BCI and people who have fed us information.  A multitude of other sources, including constitutional law experts agree.

This blog reports the following from Mat Staver, Founder and Chairman of Liberty Counsel:

… I litigated in Massachusetts by filing a suit in federal court to prevent the implementation of same-sex marriage. Due to federalism issues with the federal courts being asked to block a state court action, the federal courts were constrained not to get involved.

Having spent considerable time reviewing the Massachusetts Constitution, drafted by John Adams, I can say that the Massachusetts Constitution is unique with respect to marriage and domestic relations by vesting the authority over marriage to the Legislature. The provision is explicitly set forth in the Massachusetts Constitution. The Massachusetts Supreme Judicial Court ruled that the Legislature should act within a certain time to implement same-sex marriage, but the Legislature refused to act. Yet, Gov. Romney on his own went ahead of the Legislature and forced the implementation of same-sex marriage. Not only was he not required to implement same-sex marriage, the Massachusetts Constitution gave him no authority to do so. Gov. Romney should not have acted until the Legislature acted as that is the body vested by the Massachusetts Constitution with authority over marriage.

Staver is also the dean of Liberty University Law School. Staver is a trustee of the Supreme Court Historical Society. He’s written 11 books.

Dr. Herb Titus was the founding dean of the School of Public Policy at Regent University, and later served as the founding dean of Regent Law School. Before that he studied under Dr. Francis Schaeffer, and graduated from Harvard Law School. Titus has worked with the U.S. Justice Department, and is admitted to practice before the U.S. Supreme Court.

Here is what Dr. Titus said on this matter:

“Rick Santorum challenged Mitt Romney to justify the former Massachusetts Governor’s decision to implement the Supreme Judicial Court of Massachusetts ruling that declared that the exclusion of otherwise qualified same-sex couples from civil marriage violated the state constitution.  

After the debate, Mr. Romney stated to Mr. Santorum that he did all that he legally could to stop the implementation of the court’s decision before he exercised his duty as Governor to enforce the court’s decision requiring local officials to issue marriage licenses to same-sex couples. He issued a challenge to Mr. Santorum to find any qualified legal authority that would not agree with him. I have been asked to meet that challenge.

I am a graduate of the Harvard Law School. I am an active member of the Virginia bar and the bar of a number of federal courts, including the United States Supreme Court. As a professor of constitutional law for nearly 30 years in four different ABA-approved law schools, and as a practicing lawyer, I have written a number of scholarly articles and legal briefs on a variety of constitutional subjects; including the nature of legislative, executive and judicial powers and the constitutional separation of those powers. 

I am generally familiar with the Massachusetts Constitution, and especially familiar with that constitution’s provision dictating that no department shall exercise the powers that belong to either of the other two departments “to the end it may be a government of laws and not of men.”

As Governor, Mr. Romney has claimed that he had no choice but to obey the Supreme Judicial Court’s opinion.  This claim is false for several reasons.

First, Mr. Romney was not a party to the case. Only parties to a case are bound to obey a court order. As President Abraham Lincoln said in support of his refusal to enforce the United States Supreme Court’s infamous Dred Scott case – the nation’s policy regarding slavery was not determined by a court opinion, even by the highest court of the land.  Likewise, the Commonwealth of Massachusetts’ policy regarding marriage may not be determined by the Supreme Judicial Court, the State’s highest court.

Second, the Supreme Judicial Court did not order any party to do anything.  Rather, it issued only a declaration that, in its opinion, excluding otherwise qualified same-sex couples access to civil marriage was unconstitutional. Thus, even the Massachusetts Department of Health, which was a party to the case, was not ordered to do anything.

Third, the Massachusetts Board of Health was not authorized by statute to issue marriage licenses. That was a job for Justices of the Peace and town clerks. The only task assigned by the Legislature to the Board of Health was to record the marriage license; it had no power to issue them even to heterosexual couples. So the Department of Health, the only defendant in the case, could not legally have complied with an order to issue marriage licenses to same-sex couples.

Fourth, if the court were to order the Department of Health to issue marriage licenses to same-sex couples, then Mr. Romney’s duty as governor would have been to instruct the Department that it had no authority to do what the court ordered. Nor could the court confer such authority, such an authorization being in nature a legislative, not a judicial, act.

Fifth, the decision whether to implement the Supreme Judicial Court’s opinion was, as the court itself acknowledged, for “the Legislature to take such action as it may deem appropriate in light of [the court’s] opinion.” By the very terms of the order, the Massachusetts legislature had discretion to do nothing.

Sixth, because the legislature did nothing, Mr. Romney had no power to act to implement the court decision. By ordering justices of the peace, town clerks, and other officials authorized to issue marriage licenses to issue marriage licenses to same-sex couples, Mr. Romney unconstitutionally usurped legislative power, a power denied him by the Massachusetts constitution that separated the three kinds of powers into three different departments.

Apparently both Gov. Romney and the signatories of this letter are misrepresenting what he did and did not do to protect marriage. Even worse is that a surrender of major proportion apparently happened under the watch of our own Catholic lawyers advising the Boston Archdiocese, and some of these lawyers apparently continue  to propagate misconceptions today for whatever reason, rather than speaking the truth.

BCI cares about the truth and believes faithful Catholics are entitled to hear that from our leaders.

We must pause here for now. More coming later.


Pro-family advocates misrepresent Romney’s record on life, marriage: Part 1

January 9, 2012

The Boston Pilot has made yet another mistake–this time by publishing an endorsement of a political candidate on the front page of the archdiocesan paper, and by not fact-checking the piece. A careful fact-check would have revealed a series of incorrect statements or flat-out misrepresentations of facts and reality.  If there is one thing that gets the blood boiling here at BCI, it is when people say or publish things that are objectively deceptive.  That is the case here.

BCI is not getting into politics and preferred to not even comment on this issue. However, we have been hit by a number of messages and complaints from readers since this was published. These include Catholic lawyers and pro-life, pro-family activists who provided BCI with extensive documentation.  Since the official archdiocesan newspaper, The Boston Pilot, chose to publish the Catholic News Agency story on the front page, and since the story is laden with false information, BCI feels compelled to correct the misrepresentations.  This will take us several posts.

Here is a link to the CNA story from the front page of The Boston Pilot: “Pro-family advocates defend Romney’s record on life, marriage.”

A group of nine individuals from pro-family organizations in Massachusetts have written an open letter defending Mitt Romney’s record of protecting marriage, promoting a culture of life and supporting religious freedom during his time as governor of the state. The Dec. 30 letter attempts to “set the record straight” after Romney’s commitment to life and marriage was questioned in media reports.

Among the signatories were Raymond L. Flynn and Mary Ann Glendon, both former U.S. Ambassadors to the Holy See, as well as former executive director of the Massachusetts Catholic Conference, Gerald D. D’Avolio.

First problem: the letter itself reads like a political endorsement: Essentially, “Ray, Mary Ann, Gerry, et al say Mitt Romney is a good guy and defend his record.”  It has no place in the archdiocesan newspaper, let alone on the front page.  If “Msgr. G. says President Obama is a good guy,” does that belong on the front page of The Pilot as well so that everyone gets equal ink?  The Catholic Church should be stating the views of the Catholic Church on certain issues and can distribute voter guides that list the publicly-stated positions of various candidates on a number of issues of importance to the Catholic Church, but the Church cannot endorse political candidates.  In this case, The Pilot did not specifically endorse Mitt Romney, but it published a letter through with others gave their implicit endorsement. They should not have published this at all.

Second problem: Neither the CNA article nor The Pilot disclosed the affiliations of several of the signatories with the Romney campaign. For example, Mary Ann Glendon is a chairperson of the Romney Justice Advisory Committee, announced by his campaign on August 2, 2011.

The Chairpersons of the Advisory Committee – Judge Robert Bork, Professor Mary Ann Glendon, and Richard Wiley – issued a joint statement saying, “…We fully support Mitt Romney’s campaign and look forward to working with other members of the committee as we advise him on today’s pressing legal issues.”

Kristian Mineau, one of the signatories, is president of the Massachusetts Family Institute.  BCI was informed of this 2007 NY Times report that discusses how MFI received a $10,000 donation from Mitt Romney. Coincidentally, not long afterwards MFI stopped criticizing Romney as “taking liberal stands during his first years as governor,” and instead “Mr. Mineau sought to enlist other Massachusetts social conservatives in signing an open letter supporting the governor.”  Romney also is reported to have given $15,000 to Mass Citizens for Life.  Coincidentally, another signatory, Joseph Reilly, is former Chairman of the Board, Massachusetts Citizens for Life and husband of Evelyn Reilly, public policy director for MFI. During most of his tenure as governor, Massachusetts Citizens for Life was critical of Romney, but in the months after receiving the donation, by coincidence, its officials issued favorable statements about his record.

If people and their organizations are going to accept money from a political candidate or serve as chairpersons of their political campaign sub-committees, their affiliations should be disclosed– and furthermore, their endorsements should not be published by a Catholic archdiocesan newspaper.

Third problem: a lot of what is in the actual letter itself that claims to “set the record straight” is in fact incorrect and misleading.  BCI will fact-check what Romney did or did not do around three issues–emergency contraception (the “morning after pill”) forced on Catholic hospitals, Catholic Charities being mandated to allow adoption by gay couples, and “gay marriage.”  Hold onto your seats.

We start with emergency contraception in this post.

The letter says:

“Some press accounts and bloggers have described Governor Romney in terms we neither have observed nor can we accept. To the contrary, we, who have been fighting here for the values you also hold, are indebted to him and his responsive staff in demonstrating solid social conservative credentials by undertaking the following actions here in Massachusetts.

Affirmed the culture of life. Governor Romney vetoed bills to provide access to the so-called “morning-after pill,” which is an abortifacient…

Yes, in 2005 Romney vetoed a bill to provide access to the so-called “morning-after-pill,” but what the signatories and The Boston Pilot fail to tell people is that a) Romney had publicly claimed the bill did not apply to private religious hospitals, and b) he reversed his own July 2005 veto against abortifacients by signing an October bill seeking a federal waiver to expand distribution of Plan B abortifacients.  Even more troublesome is that shortly after Romney vetoed the requirement that hospitals offer Plan B to rape victims, Romney reversed himself and issued an executive order on December 8, 2005, against the legal opinion of his own State Department of Public Health, instructing all Catholic hospitals and others to provide the chemical Plan B “morning after pill” to rape victims!  Surely, the letter signatories know this.

With help from several readers who asked to remain anonymous but gave permission for us to use their ideas and content, BCI has reconstructed the sequence:

1975.  Massachusetts statute passed which allowed private hospitals to opt out of abortion, sterilization, and contraception.

Prior to July 25, 2005, when Gov. Romney vetoed the emergency contraception bill, the legislation had already been modified to expressly remove any amendments which would NOT allow that 1975 statute to prevail. (Although the House had added an amendment to S. 2073 that specifically applied the 1975 statute protections and the Senate had offered its own amendment stating the new bill superceded the 1975 statute, in the end both amendments were taken out, so the 1975 law prevailed and remains in force).  See this July 2005 Mass Catholic Conference Notes from the Hill from when Mr. D’Avolio was Exec Director of MCC, but since removed from the MCC website.  Even if the 1975 statute were not in place, Article II of the Massachusetts Constitution still guarantees freedom to practice religion without interference by the government.

December 7, 2005: In view of the 1975 statute and the removal of any provision in the 2005 legislation that impacted that 1975 conscience exemption, the Dept of Public Health wrote the regulations to exclude Catholic and private hospitals.  This was announced on December 7, 2005 and described in this Boston Globe article, “Private hospitals exempt on pill law“:

“The state Department of Public Health has determined that Catholic and other privately-run hospitals in Massachusetts can opt out of giving the morning-after pill to rape victims because of religious or moral objections, despite a new law that requires all hospitals who treat such victims to provide them with emergency contraception…

The ruling, which the department plans to outline to hospital CEOs in a letter this week, says the new law applies to all hospitals but does not nullify a statute passed years ago that says privately-run hospitals cannot be forced to provide abortions or contraception.

”We feel very clearly that the two laws don’t cancel each other out and basically work in harmony with each other,” Paul Cote Jr., commissioner of the Department of Public Health, said in an interview yesterday.

The Department of Public Health decision is welcome news for Catholic hospitals who do not provide emergency contraception and feared that the new law would make them do so”

But, pro-abortion groups started protesting. Then Lt. Governor Kerry Healey objected (her pro-choice views on this issue were long a matter of the public record). Apparently, Romney’s own staff was waffling. His legal counsel, Mark Nielson, claimed the new law superseded the preexisting conscience protection statute, even though there was nothing in the bill to indicate this, and Nielson was claiming the bill said something the authors of the bill had purposely left out. (Coincidentally, Nielsen had run for Congress in 2000 as a pro-abortion candidate and received over $7K from pro-abortion groups).  It appears Romney himself was not sure if he was going to run for re-election as Governor (in which case he needed to be a “moderate”) or he was going to run for President (in which case he needed to be a “conservative”).  Listen to this audio clip for the story.

Romney did not listen to the opinions of the Catholic Church, the State Health Commissioner, his own health department, or the intent of the bill writers. Instead, he retreated.

December 9, 2005: Romney announced he was overruling the DPH (but for some reason, did not announce he was  also overruling the Massachusetts Constitution). See this Boston Globe article, “(“Romney says no hospitals are exempt from pill law“):

“Governor Mitt Romney reversed course on the state’s new emergency contraception law yesterday, saying that all hospitals in the state will be obligated to provide the morning-after pill to rape victims. The decision overturns a ruling made public this week by the state Department of Public Health that privately run hospitals could opt out of the requirement if they objected on moral or religious  grounds.”

Lifesite News reported at the time, “Romney Does Flip-Flop and Forces Catholic Hospitals to Distribute Morning-After-Pill”:

In a shocking turn-around, Massachusetts’s governor Mitt Romney announced yesterday that Roman Catholic and other private hospitals in the state will be forced to offer emergency contraception to sexual assault victims under new state legislation, regardless of the hospitals’ moral position on the issue.

The Republican governor had earlier defended the right of hospitals to avoid dispensing the “morning-after pill” on the grounds of moral dissent. The Boston Globe reported that Romney’s flip on the issue came after his legal counsel, Mark D. Nielsen, concluded Wednesday that the new law supersedes a preexisting statute related to the abortifacient pill.

A constitutional law expert advising BCI says that the LEGISLATIVE INTENT was clearly to allow the 1975 statute to prevail.  The formulation of the regulations is supposed to follow the legislative intent.  Romney actually violated the law and his oath of office by NOT going with the legislative intent, and overruling the legislative intent (as well as the Constitution).

But it gets worse.  It was not merely a legal interpretation by the legal counsel to Romney. He  said he personally thought it was the “right thing” for hospitals to provide access to emergency contraception for any rape victims. See this Dec 9, 2005 AP report:

Romney: Catholic hospitals not exempt from offering emergency contraception
By GLEN JOHNSON, Associated Press writer

BOSTON –Facing opposition from women, the Democratic Party and even his own running mate, Gov. Mitt Romney abandoned plans yesterday to exempt religious and other private hospitals from a new law requiring them to dispense emergency contraception to rape victims.The governor had initially backed regulations proposed earlier this week by his Department of Public Health, which said the new law conflicts with an older law barring the state from forcing private hospitals to dispense contraceptive devices or information.

The interpretation would have allowed hospitals operated by the Roman Catholic Church, which opposes abortion, to forego compliance with the new regulation. Opponents accused Romney, a Republican considering running for president in 2008, of trying to assuage social conservatives.
Despite defending the Health Department regulations as  late as Wednesday, Romney opened a news conference yesterday by declaring that a fresh analysis by his legal counsel concluded the new law supersedes the old law, and that all hospitals must be required to offer the so-called morning-after pill.

“On that basis I have instructed the Department of Public Health to follow the conclusion of my own legal counsel and to adopt that sounder view,” Romney said. “I think, in my personal view, it’s the right thing for hospitals to provide  information and access to emergency contraception to anyone who is a  victim of rape,” he added.

The Boston Pilot, the signatories and the archdiocese should have known this. It was also reported in this Boston Pilot article. If the signatories were oblivious to this, then they should retract their letter and also be more careful in the future with fact-checking anything they sign their name to.

BCI must ask the question, how can people like the signatories of this open letter claim to be “setting the record straight” when they, in reality, neglect to share the critical facts and objective information? Instead of “setting the record straight” they are obfuscating the record. The Pilot served to advance this misrepresentation by publishing the CNA article.

BCI will tackle the other issues in separate posts.

ps. In the meantime, if anyone out there is familiar with the constitutional issues around the SJC decision on gay marriage–and in particular, the instructions and training by then-Gov. Romney and his legal counsel to town clerks to issue marriage licenses, please drop us an email.


Q & A with Cardinal on Sex Abuse Crisis 10th Anniversary

January 8, 2012

The PR machine of the Boston Archdiocese must be very pleased with the coverage received of Cardinal O’Malley marking the tenth anniversary of the Boston Globe breaking the clergy sexual abuse story in 2002.  Articles and interviews were published just about everywhere.  BCI wonders how much time was expended by the Cardinal in interviews that could have been spent on governing the diocese instead.

Be that as it may, below is one of the many interviews published. This one was with John Allen at the National Catholic Reporter and it was sent by a BCI reader. BCI does not hold that publication in high regard, but since these questions were a little different that others, we decided to share.

The situation in Boston Ten years after the explosion of the crisis, has Boston recovered?
O’Malley: “Recovered” isn’t the word I would use. I think we’re in a better place, but the trauma and the suffering is something that will mark us for a long time, maybe forever. To say that we’ve recovered, or that this is behind us, is wrong. It’s something we have to live with.

Why do you think you’re in a better place? When I first came, there was such anger, such pain, on the part of the victims, in the parishes and among the priests. In some quarters, there was almost despair. People wanted to know how the church was going to react. On top of everything else, we were also in financial free-fall. The seminary had emptied out. There was just great, great pain, great anger.

You believe that’s diminished?
I feel as though there’s much greater peace in our parishes and among our people. So many people have come together to help us respond to the crisis and to try to rebuild trust and to bring healing, to offer outreach to those who were most affected … the victims, their families and the parishes where they lived. As a community, we’ve tried to assure people that we were taking this seriously and we would do everything we could to make sure it didn’t happen again. There was a massive education program. Literally thousands of people volunteered to help us with it in the parishes and the schools. Screenings have gone on. The work of the review boards has been invaluable, to have an independent lay voice advising the bishop on these affairs. I think a lot has taken place that has helped to move us beyond the initial crisis stage.

Is there unfinished business in Boston?
Trying to make the victims feel welcomed and understood is always going to be a challenge. We’ve tried to help our priests to be able to counsel the families and individuals who were most affected, but as time goes on, you discover more people you were unaware of before. One of our ongoing commitments is to provide counseling services to victims of abuse. We have some wonderful people in our outreach office who have done yeoman’s work, who have been the merciful face of the church to people in their suffering. They’ve been instrumental in bringing people for retreats and Masses, and other spiritual events in their lives, to help them with the healing process. That’s a continuing challenge, and we can’t ever think that it’s finished or resolved.

How are you still reaching out to victims?
This Saturday, I’ll have a Mass, as I do every Advent, for a group of victims and families. At one point, we had a novena between the feast of the Ascension and Pentecost, stretching over nine days, when we went to what we determined were the nine parishes most affected by the abuse crisis. It was a very moving ceremony. We had the victims give testimony. We had readings, prayers, songs, healing prayers. I invited priests to come with me, and many, many priests came. At one point in the service, we all prostrated on the sanctuary floor. We had literally thousands of people come during the course of that novena. Many people told me it was the first time they’d been back to church, and it really was a turning point in their lives. Obviously, there are still people who are angry and alienated, but there are others who wanted to find a path back. One of the very tragic aspects of the whole abuse crisis is that many of the children who were abused came from families that were very connected to their parishes and to the church. The sense of betrayal was so great because these were people who had such affection and loyalty for the church. Their path back was all the harder because the break was so dramatic.

Did the crisis hurt Mass attendance?
At least according to our studies, the secularization of this area was already eating away at Mass attendance. There doesn’t seem to be a dramatic hit as a result of the crisis. My theory is that those who were involved in their parishes, who knew their parish priest, for example — they were saddened and disappointed [by the crisis], but most of those people survived spiritually in the church. The more ‘cultural’ Catholics, people who come to church a couple of times a year and were sort of at arm’s length from the church, are now at two arms’ length. They’re the ones who are so overwhelmed by the reporting and media attention without having a relationship with the parish that allows them to see another side of the church. For the people who are connected to their parish, in some ways I think they’ve become stronger in their faith. The seminary situation may be another example. At the beginning, priests were encouraging me to close the seminary. Today we’re scrambling because we don’t have enough room, and the young men who are coming do so with a sense that they want to do something to help the church. They know the church needs them.

What are the numbers?
For the archdiocese, we have over 70, and St. John’s Seminary in total has over 100. When I got here, the archdiocese had maybe 15 or 20. … I think the crisis has caused a lot of Catholics to look into their hearts to see what they could do to help the church, to make themselves more available.

What about money?
As I said, when I came, we were in financial free-fall. We had a $15 million annual operational deficit. We owed $35 million to the Knights of Columbus. The hospitals were losing $40 million a year. The lay pension fund was failing, the priests’ pension fund was failing and there were a thousand lawsuits against us. Today the debts are paid and we’re in the black. This building [the pastoral center in Braintree] was a gift from an Irish immigrant. People have been contributing a lot to improve the Catholic schools. We’ve gotten a lot of very generous gifts from Catholics and from people outside the Catholic church, from the Jewish community and others, who have been very supportive.

Where do you think the U.S. church stands vis-à-vis the crisis?
Once again, I think we’re in a much better place. The leadership that Wilton Gregory [now archbishop of Atlanta, who was president of the bishops' conference in 2002] gave in responding quickly, coming up with policies that were clear, was very, very helpful. What’s the work that still needs to be done? Obviously, the implementation of the policies is very important. Where we’ve gotten into trouble is where they haven’t been followed. I think the audits are very important. If the audits had been working better, I think some of the problems, such as in Philadelphia, could have been avoided. [Note: In February, a grand jury found that as many as 37 priests in the Philadelphia archdiocese remained active despite facing accusations of abuse.]

It seems those bishops who have worked hardest to implement the policies are those who were the most upset about Philadelphia, because it undercuts the credibility of their efforts.  Is that your sense?
Exactly. I think everywhere in the country, there was kind of a gasp. Once again, I think if we would have had a better audit process, there would have been earlier warnings. That’s going to be very important going forward, to be able to assure people that we’re not walking away from this or becoming complacent. Each year we have to go back and look at what a local church is doing. Where are they falling down? Where do they need to improve? Certainly, the reporting [of accusations to police and prosecutors] is a no-brainer.

The other recent upheaval has been in Kansas City, which is a watershed moment — the first criminal indictment of a sitting American bishop.  What lessons would you derive from that episode?
The bishops need to be very attentive, and make sure that the people working with the bishop are people he can really trust, who have a commitment to child safety and will work diligently to make sure the policies are scrupulously followed. The bishop needs to be on top of that.

Do you have any thoughts on a new system of accountability that would convince the world the church is taking this seriously?
That’s a hard one. I don’t know. In Boston, the archbishop resigned, and there have been bishops elsewhere [who have resigned]. All I can say is that bishops should be accountable, and we have to keep working on it.

There tend to be two schools of thought about the roots of the crisis. One is that there’s something unique to the church, or its clerical culture, that produced this mess. The other is that it’s more a product of standard institutional dynamics — the tendency of a professional class to protect its own members, of managers to avoid airing their problems in public and so on. Which do you find more persuasive?
The situation at Penn State and other places shows us that many institutions, historically, have not dealt with the problem in the way they should. It’s easier to hide it or to deny it. I think the incidence of sexual abuse in the church is no higher than in other institutions, and it’s probably lower. Since we have begun to come to grips with the problem, putting policies in place and trying to be transparent, the incidence of abuse has been reduced dramatically.

To me, the most disappointing thing about the John Jay report is that they went into a lot of speculative stuff. I wish they would have just underlined how the study indicated that once the church began to take this seriously, the incidence [of abuse] dropped off very, very dramatically.

 As opposed to news headlines that the bishops blame the 1960s for their problems?
Exactly; or getting into the debate over homosexuality, for instance. It obscured the good news. In Boston, we’ve had one case [of clerical sex abuse] in the last 10 years.

Here’s another element of unfinished business some people would flag: false allegations. There’s a view among some observers that at the beginning of the crisis, false allegations were exceedingly rare, but today the percentage is on the rise.
Is that your impression?
I think that’s true, but I also think that false accusations are still few and far between. I think there’s more danger of [false allegations] now, because there are a lot of dead priests who are being accused, and it’s often very hard to establish if those allegations have merit. Some bishops feel trapped because they’ve got a set of policies that, in their eyes, do not adequately protect the reputations and due process rights of the accused.

Is that a frustration you feel?
This is where I think the importance of the independent review board is so great. A good board includes victims, relatives of victims, judges, social workers and so forth. When a group like that looks at a case and says, “This is not a serious accusation,” it has credibility.

By that point, a priest has been publicly identified as an accused abuser and removed from ministry. But when someone is restored to ministry, that’s the Good Housekeeping seal of approval. Is that enough to undo the damage?
I don’t think it undoes the damage or the trauma the priest has suffered. I do think, however, that when someone has been exonerated and returned to ministry, our experience is that he’s accepted and there have been very few times when there’s any pushback.

* * * The personal dimension

Have you ever added up how many hours you’ve spent meeting victims?
No, but I was meeting with victims 10 years before I came to Boston. In the early 1990s, in my first couple of years in Fall River, a huge amount of my time was spent with victims and their families. In Palm Beach, it was more dealing with parishes. Since coming here, I’ve spent many, many hours meeting with hundreds of individuals.

Over the arc of your career, are we talking about thousands of hours? Possibly, when you factor in the other dioceses and the hours in Ireland.

What’s the key to reconciling victims with the church?
Quite often, the victims who want to see the bishop are the ones looking for a path to reconnect with God [and] with their faith. Not all of them, but a lot of them are looking for closure. In many cases, when a victim asks to see the bishop, it’s because they’re looking for a path home.

Does it frustrate you that public conversation is dominated by the victims who are still alienated while we rarely hear from those who have been reconciled?
No, because I think it’s very understandable. A lot of the people who have been reconciled are not anxious for the glare of attention. It would be wonderful if people had more awareness, I suppose, but I’m not surprised or even disappointed, because I think there’s a certain interior logic to the situation.

What personal toll has the crisis taken on you?
I think it makes you depend more on God than your own devices, because it’s so overwhelming. The hours with the victims, sharing their suffering, is obviously hard, but it’s a privileged form of ministry. In the priesthood, I believe that when we’re able to minister to those who are suffering, we’re able to reflect the presence of the Good Shepherd more than ever. I haven’t experienced many people, other than perhaps the families of people who have committed suicide, who have suffered more than families touched by sexual abuse by the clergy.

Has seeing all that suffering ever given you a moment of doubt?
Doubt, no. It makes me more certain of God’s mercy. The more we experience evil, there’s a greater capacity to experience good. What it has done, I think, is to help me to focus on things that are more essential. When you’re in contact with so much pain and suffering, it does help you to put things in perspective. The financial problems and other kinds of things that were weighing on me when I came here don’t seem so important. I think it does stretch your heart.

Have these experiences ever tempted you to think there’s something wrong with the church that we just can’t fix?
Well, the church is very human, and in every generation there are different manifestations of that. I’ve been close to the church my whole life. I’ve seen that humanity. Even as a child, I remember we had a priest in the parish who was an alcoholic and had terrible problems with drinking. The pastor would lock the door of the rectory at 8 p.m., and when he would come home drunk, my father and other men in the parish would take care of him. I think it helped me to understand that priests are human.

You never thought, even for a moment, that there’s a fatal flaw in the church revealed by the crisis?
I don’t think that the Lord is going to abandon his church. We’re certainly burdened by our sinfulness, our weakness, and our humanity, but the church is still the sacrament of Christ.

At various points during your time in Boston, some of your friends have been worried about you — about the toll all this was taking on you, both physically and spiritually. Were those concerns exaggerated?
At the beginning, I don’t think so. My family was very concerned. It was daunting.

What was the key to getting through it? Prayer, friends, family … all of those things.

You feel better today? I do. Have you had to get tougher to do this job?
I hadn’t thought about that, but I suppose it’s probably true. To tell you the truth, I haven’t had an assignment yet that’s been easy. In my first diocese, we had a terrible hurricane and the diocese was destroyed. Then I went to Fall River and all the problems there, and then Palm Beach, where I replaced two bishops who had been removed. There were many very difficult decisions that had to be made over the years. Certainly, Boston has been a new challenge, because of the size and the spotlight here — as I told people when I arrived, being the archbishop of Boston is like living in a fishbowl made out of a magnifying glass. When they sent my books from Palm Beach in a truck, I found out they were here because the picture was in the newspaper the next day. Do I have a thicker skin because of all that? I think that with age you grow — if not stronger, maybe a little bit more philosophical.

You’re 67. Do you expect to be in Boston until you’re 75?
If I live that long! I’ve had four dioceses, so I don’t think they’ll give me any more. I have no reason to think I’ll be changed.

Is that a polite way of saying you don’t have any interest in a Vatican job — for instance, running the Congregation for Religious? No interest! Actually, I was happy when they made an American the No. 2 person [Archbishop Joseph Tobin], because I knew they wouldn’t name two Americans in the same office. It meant I was off the hook.

Has your Capuchin spirituality helped you weather the storm?
Oh, yes. If I had not had my religious community and my family, it would have been much more difficult. As a Capuchin, we were always taught in the seminary that the Capuchins were the Marines of the church, meaning that we should be ready to go to the most difficult assignments. I would remind myself of that at certain moments. The Capuchins who are here in Boston are not my province, but they’ve been very good to me. The men from Capuchin College, my former provincials, Archbishop Charles [Chaput, of Philadelphia, also a Capuchin] … many others have been very supportive.


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