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Sources for Fitzgerald section[edit]

Bishop-accountability
  • Johns Hopkins page 3
  • The Institute of Living page 4
  • The New Life Center page 7
  • St. Luke Institute page 12
  • Servants of the Paraclete (St. Michael's Community) page 14
  • Servants of the Paraclete (The Albuquerque Villa) page 16
  • Program in Human Sexuality - Department of Family Practice & Community Health Medical School University of Minnesota P- 20
  • Southdown page 22
  • Villa St. John Vianney Hospital page 28
  • Our Lady of Peace Hospital - Peace Ministry Centre page 30
  • Q That's all right. Do you recall sending other offenders to the Servants of Paraclete facility at Jemez Springs in New Mexico?
  • A We sent one man there, yes.
  • Q Who?
  • A Jerry Lanser.
Books
News
  • And then it reviews No. 4, it says: "He was ordained for Boston. He left the Archdiocese early on to go on lend lease and was eventually incardinated into another diocese. In 1985 there were allegations of sexual abuse with minors. The accuser brought to the police large selection of pornographic material which he had removed from the priest's residence. The priest went to the Servants of Paraclete in Missouri for five months where he was treated for alcoholism."
  • "[...] I wish to God that that had been the case earlier. It wasn't. At this point, I'm sure that those who looked at this case felt that what had been done at the Servants of the Paraclete, with the kind of a covenant arrangement that had been set up, would be an appropriate way to proceed."
  • During an interview Friday in the lobby of Antlers Hilton in Colorado Springs, Glodek acknowledged that the Marianist administration became aware of the experiments while Mueller was teaching in St. Louis, but had not learned of any sexual allegations until the lawsuits were filed. Glodek said leaders of the Marianist order were concerned in the early 1980s to learn about Mueller's proclivity for conducting these "experiments" with students and telling the children to keep them secret. As a result, the order sent Mueller to a treatment center for priests in Jemez Springs, N.M., run by the Servants of Paraclete.
  • "I think (Marianist leaders) said to (Mueller), 'You may not teach anymore,' " Glodek said. "You may not be around young people because of these trust experiments because they are not professional or good. (Past leaders of the order) obviously thought this was a bizarre and wrong behavior for a teacher."
  • Mueller was sent to Jemez Springs in 1983 for treatment of "a serious psychological problem," namely the trust experiments, Glodek said. Because the Marianist order was not aware of any sexual allegations related to the experiments, no treatment in that regard was administered.
  • "Before the first people filed lawsuits, we had no information that there was any sexual activity associated with these trust experiments," Glodek said. "Did we know that there were these trust experiments, and was past leadership concerned it was wrong? Yes. That's why (Mueller) was sent to treatment in 1983. It's the sexual component that was new information."
  • Jemez Springs counseled priests for problems ranging from substance abuse to sexual abuse of children.
  • Glodek admits that the approach at Jemez Springs of treating pedophilia was flawed based on what is known today.
  • "In general, if a person went there for psychological counseling, I think they were very successful in helping with mental disorders," said Glodek. "If a person was sent there for sexual abuse, I think because of when they were founded, they did not realize the depth of the incurability of pedophilia."
  • And in the case of Mueller, Glodek said even psychological counseling failed.
  • "In Mr. Mueller's case, he went there for psychological counseling," Glodek said. "They said it worked. He was sent back (to a school in St. Louis), and several months later he was at it again with his experiments. So in his case, it did not work."
  • Marianist records show Mueller was treated at Jemez Springs twice - from December 1983 to August 1984 and again from December 1985 to April 1986.

"Sheehan has said the number was high partly because priests came to New Mexico for treatment at the Servants of Paraclete in Jemez Springs and were placed in parishes. That center no longer treats pedophile priests."

"Nienaber, a priest since 1934, could not be reached; he is accused of abuse by 17 of the 19 would-be plaintiffs who moved to enter the case Monday. He was charged in Fayette County in 1993 with 39 counts related to child molestation and pleaded guilty to 10 felonies. As part of his plea bargain, he was dispatched to serve 10 years at a place in Missouri called the Servants of Paraclete, a Roman Catholic organization that treats pedophile priests, according to the complaint. He remains there to this day."

The women also said Hubbard told them Douglas was being sent to the now defunct Servants of Paraclete treatment facility for pedophilia in Mexico, and that he would never again be allowed around children. "He went away under the false pretense of a health issue, but he was actually sent to a treatment facility and was supposed to never be placed back with children when he returned," said Brace, 48. "Now, we find out he's in ministry part-time in Delaware, and that raised our concerns about children there."

"Mr. Molony said Chleboski may be eligible for parole in Virginia in four years and eligible for parole in Maryland in about three years. Catholic officials have said Chleboski may then receive psychological treatment at Servants of Paraclete in New Mexico, Mr. Battle said. The facility is a counseling and treatment center for Catholic priests who suffer from sexual disorders."

"Cross said the late Bishop Joseph Vath sent him in 1985 to take a course at the Servants of Paraclete, a sexual treatment center in New Mexico. A transient had accused Cross of sexually accosting him. Cross denied that allegation also."

Paraclete

Death of Father Gerald Death came to this Holy Servant of God on June 28th, 1969, while he was giving a retreat at Marlboro, Massachusetts. He was buried in Jemez on July 4th, with military honors, in Resurrection Cemetery of the Servants of the Paraclete. His little canyon retreat was now known throughout the world. In the Catholic Church, Jemez Springs had become a by-word for "healing." An era of upheaval was fast engulfing the nation, and in the decade following his passing, Father Gerald's spiritual sons would face new challenges and make dramatic changes.

Court cases

Fitzgerald[edit]

Richard Sipe

I will provide sources for Paraclete and Fitzgerald. Kasaalan (talk) 17:11, 3 January 2010 (UTC)

Middle Ages[edit]

Celibacy is rule constituted since Middle Ages:

"The spokesman said that Protestant churches permit their pastors to have families, and he considered that a “respectable” decision, but he reiterated that the Catholic Church had maintained the celibacy rule since the Middle Ages." [5]

Mary Gail Frawley-O'Dea, Virginia Goldner quoting Religion professor Mark Jordan http://books.google.com/books?id=hcWyw_SQNb8C&lpg=PP1&pg=PA7#v=onepage&q=&f=false

Religion professor Mark Jordan, also writing in these pages, points out that sexual abuse of minors also has a long history. "The long chronicle that runs down from the Middle Ages shows that priests and monks have always been accused of abusing the minors entrusted to them."

Forming of Canon Laws and dioceses http://www.crusadeagainstclergyabuse.com/htm/AShortHistory.htm

  • The Catholic Church is organized in geographic regions known as dioceses, from a Greek word meaning a “group.” The term was common from the 4th century. The head of a diocese has traditionally been a bishop. Early church legislation was passed by individual bishops for their own territory but the more important legislation with lasting historical impact, was that passed by groups of bishops who gathered at periodic meetings known as councils or synods which were generally named after the place where they occurred. Given the poor state of communications at the time it is remarkable that the various councils and synods produced disciplinary legislation similar in tone. Sexual violations by the clergy were not confined to any specific geographic area. Laws were passed throughout the Christian world. These laws, whether the product of individual bishops or groups, did not need the approval of the papacy. Although the pope had been respected as the first among bishops from the earliest years of Christianity, the centralization of power was not evident until the middle ages (12th-13th centuries) during which time several popes gradually reserved various powers to themselves. By the 9th century collections of the growing mass of legislation began to appear. These were unofficial and generally poorly organized attempts at putting at least some of the known legislation in the same place. Several of the more prominent and complete collections have survived as essential sources for the study of the development not only of church law but of the Christian life in general.
  • The first truly systematic collection was produced by the monk Gratian in 1140. Known as the Concordance of Discordant Canons or more commonly as Gratian’s Decree it consisted of a wide spectrum of texts arranged in a dialectic method with Gratian’s own opinions added. Though never officially approved, Gratian’s decree became the most important resource for the history of Canon Law. Following the medieval period the major legislative sources were the popes themselves and the general or ecumenical councils, the most recent of which was Vatican II (1962-65).

1967: The first public discussion of priest sexual abuse of minors took place at a meeting sponsored by the National Association for Pastoral Renewal held on the campus of Notre Dame University in 1967. All U.S. Catholic bishops were invited to that meeting.

Michael Goodich, “Sodomy in Ecclesiastical Law and Theory,” in Journal of Homosexuality 1(1976), p. 427: “in the 13th century, the few references to homosexuality suggest that it was generally regarded as a clerical vice. Both the manuals of penance of the early Middle Ages and the conciliar and synodal legislation initiated in the 12th century placed greater emphasis upon the prevention and suppression of sodomy among the clergy.

Doyle http://www.bostonphoenix.com/boston/news_features/top/features/documents/01847611.htm

In fact, the Church has considered pedophilia not just a psychological problem but an "ecclesiastical crime" — sexual contact with a minor is defined as such in the 1984 Code of Canon Law, the body of law that structures the Catholic Church’s legal system. Father Thomas Doyle, a canonical lawyer who’s testified on behalf of plaintiffs in some 200 sex-abuse lawsuits, traces the existing law back to the Middle Ages, when Irish monks published penitential books for use while hearing confessions. Several of the tomes, according to Doyle, refer to sexual crimes committed by clerics against boys and girls. One widely used volume, known as the Penitential of Bede, advises clerics who sodomize children to repent their sins by subsisting on nothing more than bread and water for anywhere from three to 12 years." The reason sexual abuse of minors is in these books," says Doyle, "is because it was a problem."

Sipe http://www.richardsipe.com/Lectures/SantaClara.html

  • The earliest written record of any church council is that of the provincial Council of Elvira (Spain, 309). Thirty-eight of the 82 canons deal with sex and celibacy. Bishops, priests, and deacons were forbidden to have sexual relations, even with their wife if married. This rigorist stance is one that the Council of Nicea (325) was not willing to take--and one that Rome was not able to decree until 1139 (Lateran II). Elvira, however, is a clear example of the essential ecclesiastical legalistic reasoning about the connection between priesthood and celibacy. Asceticism--self sacrifice for the love of God, the imitation of Christ and freedom for the service of others--is the most frequently cited reason for the practice of celibacy. And indeed, that rationale is valid and has ancient roots, not primarily in the priesthood, but as a separate vocation of isolation and spiritual concentration. Because the excellence of spiritual witness exhibited by celibate ascetics their tradition melded easily with a parallel tradition of celibacy that did exist among some clergy. But when celibacy came to be legislated, asceticism was not the primary practical force behind codification. In every instance of regulating clerical celibacy by law three elements echo Elvira's thinking: Paternity, Property and Power. Bishops and priests should not father children. Generativity should be restricted in the service of social, political, and institutional simplicity. Preservation of church property for the community and the perpetuation of the local church should remain unquestioned by spouse or children. Control of clergy is assured when dependence, and accountability rests on a relationship with a single superior. The system of power is consolidated by legislated celibacy--a system of checks and balances becomes an elegant bond of rewards purchased by a simple sacrifice of one's sexuality. Power over a person's sexuality confers unprecedented individual and institutional control.
  • This first council listed a catalogue of sexual violations along with prescriptions for the offending cleric--the heaviest penalties reserved for bishops. Up to 10 years of fasting and even excommunication (with no hope of forgiveness even at the point of death) were the severest, but not uncommon in cases of abuse of minor boys.
  • Canon lawyer Thomas Doyle traces the history of clerical sexual violations from 7th and 8th century Penitential Books (hand-books containing descriptions of particular sins and recommended penances) through the middle ages to current church law. Several advise that clerics who abuse young boys and girls receive up to 12 years of penance: again abusing bishops receiving the harshest punishment.
  • Saint Peter Damian wrote the Book of Gomorrah around 1015--a scathing rebuke of sexually offending clergy. He is particularly hard on superiors who countenance offenders. He recommends that sinning priests be dismissed from the priesthood. He regards contemptuously priests who defile men or boys who come to them for confession or who use the sacrament to absolve their sexual partners. The author detailed the harm that offending clerics inflict on the church, and pleaded with the pope to clean house. However, "The pope decided to exclude only those (clerics) who had offended repeatedly and over a long period of time. Although Peter Damian had paid significant attention to the impact of the offending clerics on their victims, the pope made no mention of this and focused only on the sinfulness of clerics and their need to repent." (*) That 11th century scenario sounds an excruciatingly familiar ring to those who have had to play any part in sorting out the current drama.
  • The Decretum Gratiani was published in 1140. It includes specific references "to sexual violation of boys…and offers the opinion that clerics guilty of pederasty should suffer the same penalties as lay men, including the death penalty." (*) The Corpus Iuris Canonici published in 1234 contained all of Gratian's work besides the collection of laws enacted by a wide range of bishops. Those legislative pronouncements comprise the primary source of church law and accurately reflect the problems of the time.
  • The history of the Protestant Reformation and the Council of Trent(1545-1563) record the rampant corruption of bishops and priests. It is not hyperbole to speculate that sexually and financially the church is equally corrupt today. Reform laws then dealt directly with sexually active clerics. Sexual abuse of minors was a major concern for the council bishops who were well aware that even some recent popes had minor protegees. Two of the council canons forbidding sexual contact with minors were the primary source for current canon law. Canon #1395 specifically names sexual contact with a minor by a cleric an ecclesiastical crime. Doyle summarizes the record: The historical development of legislation concerning clergy sexual abuse verifies that it has been a serious problem from the earliest years of the church. The documentation also shows that the official Church has repeatedly attempted to deal effectively with the problem. Church leaders, especially certain popes, had acknowledged the terrible impact of sexual abuse on children and on Church membership in general. What is remarkable about these attempts is that they were made openly and memorialized in official Church documents. Such official mention of sexual abuse is clearly an indicator of the existence of the problem. There is no sense of the extent of clergy sexual abuse but one can surmise that the official notification betrays a problem of significant proportion.
  • (*) Church pronouncements today about clerical sexual abuse from pope and bishops ring hollow, self-serving and frankly deceptive given the explicitness of history and their awareness of the real circumstances proven by documents wrested from secret archives. Whatever rationalization employed, there is not one American bishop who has not known that sexual activity of a priest with a minor was non-celibate behavior. Every bishop knows it is criminal activity. Clergy sexual abuse is neither rare nor recent in origin. Most importantly it is not a phenomenon isolated from celibate culture nor, unfortunately, inimical to it. Celibate culture as it presently exists harbors and fosters abusers. That is why the crisis is epic.

Sipe http://www.natcath.com/crisis/011003g.htm

  • “So, I think about Luther,” he said, “I think about this young, pious monk, quite a scrupulous young monk, who in 1510 went to Rome to see things and, I think, be inspired. Inspired of what the authentic teaching and practice of the church was. He left Rome, said Sipe, “terribly disillusioned. He saw the essence of the theology of Eucharist being laughed about in the streets. As I read the history, he saw the bishops and cardinals and priests with their little boy companions, with their women companions. I think he went back and then, in the light of that dichotomy between the teaching and the practice -- call it corruption, hypocrisy -- he re-evaluated all of his stances. In 1517, he put up his theses on the Wittenberg door, the challenge that was the real opening of the Reformation.
  • The Vatican has returned the church, “to a mode of secrecy, and to a procedure (for priests’ appeals) which in my mind is terribly regressive. I say that because I have reviewed current documents of how the church has handled some of these appeals. “An appeal is submitted to the Congregation for the Clergy and then, if it proceeds, it goes on to the Signatura [the church’s Supreme Court],” he said, and after that “it can be batted back and forth. Some of these cases take 10 years,” he said, “and even then are not settled, and oftentimes because of some procedural mistakes. The Vatican says [to the bishop], ‘Oops, you didn’t dot a canon law i, or cross a t. Therefore the priest’s appeal holds and you pay the penalty.’” Among Sipe’s examples was Msgr. Robert Trupia of Tucson, Ariz., who in 1991 admitted to Tucson Bishop Manuel Moreno he had sexually abused a minor. The bishop remanded him to counseling, which Trupia refused and still refuses. Trupia went to Rome with this, said Sipe, and the Congregation of the Clergy made a judgment against Moreno, who then appealed to the Signatura. “The Signatura has not answered. Its last communication was in 1998. Here is a man, Trupia, part of the $14 million judgment in Tucson, driving around Washington, D.C., living on his Tucson diocese pension. [...]
  • And yet, in 2002, he said, “it seems Rome has a presumption that the problem that was documented in the clergy in 306 A.D. at the Council of Elvira, and throughout the Middle Ages and the Renaissance, has somehow been addressed. Thirty-eight of Elvira’s 81 canons dealt with sexuality, canons that made it very clear that some priests, at least, were having sex with minors, and having mistresses. [...] “When I published my 1990 book, everyone said, ‘Oh, that’s far too high an estimate of sexual abusers in the church, etc.’ And of course, now, as the documents and cases come out, you find the majority of cases dealt with occurred between 1960 and ’85.” “But that’s not the end of it,” continued Sipe, “when Sylvia Demarest [plaintiff’s lawyer in the Dallas sexual abuse suit] faced this question of whether there’ll be more pedophilia cases in the church, she answered, “in 10 years you’ll see them.”

Child marriage[edit]

Main article: Child marriage

Marriage laws began to evolve during the Middle Ages. The Council of Westminster decreed in 1076 that no man should give his daughter or female relative to anyone without priestly blessing. Later councils would decree that marriage should not be secret but held in the open. But it wasn't until the 16th century Council of Trent that decreed a priest was required to perform the betrothal ceremony. Separation of couples was tolerated, but there was no legal divorce, though marriages between those too closely related could be annulled.[6]

Still the Church had its limits, and refused -- except for special affairs of state, involving the peace -- to sanction marriages contracted before seven years of age, below which it considered the child as truly an infant, incapable of giving consent to marriage. Thus, when Bishop Hugh of Lincoln intervened in the multiple marriages of Grace of Saleby, it was, among other reasons, because she had been married at age 4; it was this, combined with the other fraudulent behavior of her mother and her female accomplices, which brought down the censure of the saintly bishop. If they had only waited until she was seven, things might have been alright, given the swift deaths of the hasty spouses. [See the discussion of this case by Paulette L'Hermite Le Clerq, in "The Feudal Order," in A History of Women, Vol II: Silences of the Middle Ages (Harvard, 1992), ed. Christine Klupisch-Zuber, gen eds. George Duby and Michelle Perrot, pp. 204-206.] [7]

See also[edit]

Abuse in the middle ages. Kasaalan (talk) 21:48, 13 January 2010 (UTC)

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