Diocese to appeal court decision that parishes can be liquidated; claims breach of church/state separation
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.- Bishop William Skylstad of Spokane, Washington has announced that his diocese will appeal a federal court ruling which, on Friday, declared all parishes in the diocese assets which can be liquidated to pay for claims by alleged victims of sexual abuse by priests. Bishop Skylstad, who also holds the post of president of the U.S. Conference of Catholic Bishops, said in a statement released from Eastern Europe, where he is currently traveling, that

"The court's decision has national consequences.”

“Its impact”, he said, “will be felt not just by Catholic communities but by many other church communities of any denomination, of any faith expression."

In December of last year, the diocese filed for Chapter 11 Bankruptcy protection citing $11.1 million in assets and $83.1 million in liabilities from abuse victims seeking compensation.

Diocesan parishes and schools were not included in that figure as, according to Canon Law, the bishop is only steward of them--the parishes themselves control their own actual assets.

U.S. Bankruptcy Judge Patricia Williams’ Friday decision however, ignores this fact, opining that civil property laws supersede Church law.

In her decision, Williams wrote, "It is not a violation of the First Amendment to apply federal bankruptcy law to identify and define property of the bankruptcy estate even though the Chapter 11 debtor is a religious organization."

Lawyers for, and supporters of the diocese however, disagree.

Bishop Skylstad wrote that he would "appeal this decision because we have a responsibility not only to victims but to the generations of parishioners ... who have given so generously of themselves" to build up the church in eastern Washington.

William Donahue, president of the Catholic League, called the ruling “outrageous,” saying that “At a minimum, separation of church and state means that sitting judges have no right to make determinations regarding the organizational chart of the Catholic Church. But that is exactly what’s being done.”

“By declaring all diocesan assets fair game for every steeple-chasing lawyer,” he continued, “a green light has been given to plunder the resources of the Catholic Church.”

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Subscriber comments:
Published by: William Ferguson
Tulsa, OK USA 08/30/2005 09:38 PM EST
While this is deeply saddening and even shocking, we have to remember that the Catholic Church has always held the bishop to be the sole owner of all property in the diocese with the exception of property belonging to religious orders.
In St. Louis, Archbishop Burke placed parish council members under interdict for refusing to turn over parish property to him. It's extremely hypocritical for Catholic bishops to claim that it all belongs to them when it suits their purposes but that it all belongs to the parishioners when a lawyer comes to take it away. Further, we have to remember that it was the wholly unChristian actions of our bishops toward the victims of perverts in the clergy that have brought us to this point.
I'm a traditional Catholic and I believe the bishop properly controls the property of the Church. But my belief isn't dependent on what suits me best when the lawyers show up.
Also, I have no doubt that should Skylstad prevail in saying that he is not sole owner of the property, he will hypocritically try to resume full control when he is in the clear.
We have rotten bishops--that's why we're getting ready to lose everything. Sad as it is, it's their fault, not the lawyers.
Published by: Lawrence Dougherty
Oceanport, NJ, USA 08/30/2005 01:12 PM EST
I feel I have the right to comment because I am a CATHOLIC AND AS A YOUNG BOY IN A ORPAHANAGE WAS MOLESTED. i THINK THAT THERE ARE TOO MANY LAWYERS AND NOT ENOUGH ACTIVE INVOLVED Catholics
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