Milwaukee Federal Appeals Judge, in Stunning and Dangerous Reversal, Rules That Catholic Canon Law Trumps US Federal Law

By Peter Isely
SNAP Wisconsin
July 30, 2013

http://03409bc.netsolhost.com/snapwisconsin/2013/07/31/milwaukee-federal-appeals-judge-in-stunning-and-dangerous-reversal-rules-that-catholic-canon-law-trumps-us-federal-law/

[Cemetery Trust Transfer - All Documents - Archdiocese of Milwaukee via Jeff Anderson & Associates]

[Read Judge Randa’s Order: Randa_Order_7-29-13]

Milwaukee Federal Appeals Judge, in stunning and dangerous reversal, rules that Catholic Canon law trumps US Federal law

Statement by Peter Isely, SNAP Midwest Director (Milwaukee)

CONTACT: 414.429.7259

In a stunning written decision released today, Milwaukee Federal Judge Rudolph T. Randa has ruled that Catholic “canon law”, including beliefs in the “resurrection of the body,” are a sufficient basis to shield religious organizations from US civil judicial law.

Randa’s decision, which could have far reaching public policy implications beyond the issue of sexually abusive clergy, was a reversal of an earlier ruling by Bankruptcy Judge Susan V Kelley. Kelley ruled the archdiocese could not use 1st amendment protections to stop the court from examining the possibly fraudulent creation of a 57 million dollar “cemetery trust” by former Archbishop Timothy Dolan now Cardinal of New York.

Dolan created the trust before the archdiocese filed for federal bankruptcy protection in 2011. In a letter made public through the bankruptcy court earlier this month, Dolan wrote the Vatican to receive permission to transfer tens of millions of dollars into the newly created trust in order to keep the assets from victim/survivors, a criminal act under US Bankruptcy Law.

Randa, who makes no mention of the transfer or Dolan’s letter in today’s decision, much less of the 575 victims that have filed cases in the court, seems mostly concerned that scrutiny of the fund could create difficulties for the current Milwaukee Archbishop Jerome Listecki with the Vatican. “The Archbishop as Trustee may well face discipline and a religious penalty from the Church…if the Trust is legally compelled to cede all or part of the funds to the Estate…neither the debtor nor the Trust will be able to fulfill their obligations . . .consistent with Catholic doctrine and canon law.”

Yet, Dolan himself, in a statement this month responding to charges that the transfer was fraudulent, claims that he created the trust because of requirements under Wisconsin law, which had nothing to do with religious practices.

Randa, in his decision, astonishingly, makes the exact opposite argument for Dolan.

One of the core issues of the child sex abuse and cover up crisis is that private and unregulated organizations working with children, for so called religious reasons, have been allowed to conceal and transfer child sex offenders, with no accountability to the law. Randa’s decision will likely allow them to continue to do so.

Randa’s decision will allow these organizations to continue to evade responsibility, transparency and accountability for criminal acts against children and cover ups and, if not overturned, could seriously set back the painful path of reform and place countless children at risk.

SNAP, the Survivors Network of those Abused by Priests, is the world’s oldest and largest support group for clergy abuse victims. We’ve been around for 23 years and have more than 10,000 members. Despite the word “priest” in our title, we have members who were molested by religious figures of all denominations, including nuns, rabbis, bishops, and Protestant ministers. Visit us at SNAPwisconsin.com and SNAPnetwork.org.