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Column Not the time to hide behind legal advice
By DIANA L. HAYES
Who is responsible for the stunted
lives of the young men and women caught in the tangle of lies and deceit spread
by men they were brought up to trust in all things? It would seem that, as yet,
few are willing to take full and appropriate responsibility for the sexual
abuse of our children, despite all the publicity, dialogue, confrontations and
meetings.
The leaders of our church in the United States have, at least,
called for repentance and reconciliation, both of which are sorely needed. But
in order to repent, one has to take responsibility for ones actions, and
in order to be reconciled, all sides must commit to some level of trust and
openness with each other. Compromise is needed, a willingness to negotiate
honestly, with the overwhelming desire being the welfare of those abused.
Sadly, I do not see this happening in recent weeks. Instead, there
is still an atmosphere of evasion and denial, of defensiveness and equivocation
and, most recently, of counter-accusation. The Catholic church and its leaders
are not, unfortunately, the first to fall into the trap of passing the buck and
blaming the victim in order to avoid responsibility.
Whether this was or is the intention is not the point. The
impression that is being given is that we are, for some reason, hiding behind
legal equivocation and smoke and mirrors. But whether any cardinal or bishop is
guilty of any breach, moral or otherwise, is, arguably at this late date,
almost immaterial.
As the head of a diocese in this country, are they not
responsible, at least morally, for whatever takes place, for any acts or
failures to act, that cause scandal? Theirs is the voice of the church, not
just that of an individual, and their acts or failures to act, are those of the
church as well. Is this not what has always been taught?
What is taking place is familiar. I encounter it regularly as a
professor with students who seem incapable of taking responsibility for their
behavior and try to blame the professor, other students, anyone and everyone
but themselves when they do poorly.
We see the same pattern in the political arena, from presidents
through Congress on down, as political leaders deny accountability for actions
and their impact on others. It is rampant in the world of corporate America
where accountants and CEOs attempt to hide behind a fog of half-truths and
denials, doing anything and everything that will lead to someone else being
left with the blame, the pain and/or the shame.
I am deeply saddened, however, to see my church apparently hiding
behind a similar smokescreen of its own creation. As a former civil attorney, I
understand clearly the legal wisdom behind the move to countersue the victims
of priests sexual abuse. Granted, there are certainly a few out there who
are taking advantage of the present climate to bring spurious allegations in
the hope of a windfall. God will certainly judge them.
However, if the facts we are receiving from various sources,
including the churchs own archival files, are at all accurate, then it
must be acknowledged that the majority of these cases are not spurious but are
efforts by deeply hurt men and women seeking, perhaps in the only way that
seems possible to them, to have critical attention brought to the scandal of
abuse that has festered in our midst for so many decades.
Attention must be paid. Yet, for the most part, what most victims
and their parents have received is the equivalent of a cloak and dagger affair.
Everything is hidden; no admissions of guilt are made or required; a quick
settlement is made accompanied by the requirements of silence. The
churchs response was and continues to be, in too many ways, a cover-up
that seems, incredibly, to ignore or refuse to acknowledge the injuries,
psychological, emotional, spiritual and physical, suffered by the young men and
women caught in the sticky web of deceit fostered by this kind of behavior.
I understand the lawyers attitude, but they have not been
entrusted with the souls of the faithful. Are we really going to allow these
men and women who are already victims to be victimized yet again? To
countercharge negligence on the part of parents who entrusted their children to
the care of priests and religious of the church is certainly viable legally but
just as certainly not morally. It inflicts further harm, clouds the issues even
further and, in the long run, will only further damage the credibility of the
church and its leaders. Surely this is not the time to hide behind lawyers or
to excuse our actions because they are or were based on legal advice. As people
of God, we answer to a higher court. For these men of God, the question once
again should not simply be how do we get out of this mess, which we have
somehow created, with the least costs.
The Roman Catholic church, the infinite body of Christ, will
remain long after the institution, the buildings, artworks, cathedrals and all
else have crumbled into dust. As a faith-filled Catholic, I would be more than
willing to help contribute to fund-raising efforts to rebuild our churches, to
refurbish the schools and rectories, to do whatever is needed to help the
church recover physically and fiscally. But only when I see the leaders of my
church come out into the open, acknowledge their own human failings, seek
forgiveness and rededicate themselves, in company with all of the faithful, to
the renewal of faith that is so badly needed in our church today.
Im sure I would be joined by many other faithful Catholics.
Would not such actions be an incredible sign of Gods presence and action
in our midst? Of course, that may mean the financial burden of settlements in
the millions of dollars; that may mean the sale of church property, cardinals
and bishops moving out of their residences and into community with their
priests and religious, male and female, and other belt-tightening moves. But it
would also be the right thing, the just thing, the moral thing to do. To do
otherwise, as we seem intent upon, serves only to create further scandal,
further pain, further loss of faith.
Let us pray for our bishops, that they will be touched by the Holy
Spirit as they come together in June. Let us pray for all of the faithful and
especially those touched in any way by these unfolding events. This is a time
of trial and tribulation for the American church, but it can also be a time of
renewal and strengthening, a paradoxical blessing by a paradoxical God.
Once again, Jesus said, Suffer the little children to come
unto me. He did not say, Make them suffer before they are allowed
into my presence. The children, their parents, and so many of the
faithful, as well as our priests and religious, have suffered and continue to
suffer. Is it not time to stand up and walk forth in faith, speaking the truth
regardless of the consequences, knowing that Jesus truly walks with us, guiding
us along our way, so that the suffering, on all sides, can finally end?
Diana L. Hayes is associate professor of theology at Georgetown
University, Washington.
National Catholic Reporter, May 31,
2002
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