Church brings 1st Amendment into Eastside Catholic lawsuit

By DONNA GORDON BLANKINSHIP

A gay vice principal who was forced out of his job at Eastside Catholic School filed a discrimination and wrongful termination lawsuit against the school and church on Friday. Lawyers for the church and school planned to respond immediately with a motion arguing King County Superior Court does not have jurisdiction to hear the case without violating the First Amendment.

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The case has stirred debate at the school and in front of the Seattle Archdiocese and has led to several online petitions arguing for reinstatement of the popular teacher, coach and administrator and calling for a change in church doctrine on gay marriage.

The school and the church decided Mark Zmuda couldn’t continue in his job after they learned he had married his same-sex partner. They cited an employment agreement Zmuda had signed that said his public behaviors would at all times be consistent with the values and teachings of the Catholic Church. An attorney for the school acknowledged that school leadership floated the idea that Zmuda could possibly get a divorce to keep his job.

“I was asked by the school to break my wedding vows to keep my job,” Zmuda said at a news conference Friday. “I was told I could either divorce or be fired. How could anyone ask anyone else to make that choice?”


In the response they plan to file to the lawsuit, lawyers for the church argue the case “would impermissibly entangle the Court in Catholic doctrine,” and would lead the court to examine the church’s definition of marriage.
The lawsuit Zmuda filed in King County Superior Court accuses the school and the church of discrimination, wrongful termination and violation of the state consumer protection laws. Zmuda’s lawyers argue he was not a religious employee of the school.

“I am a lifelong Catholic,” Zmuda said. “I am a gay man. I did not choose to be gay. I do not see any inconsistency in the teachings of Jesus and being gay.”

Zmuda’s lawsuit notes that the school previously posted a statement on its website that it does not discriminate based on marital status or sexual orientation but that statement was removed after his dismissal. A similar statement was included in the employee handbook.

“I relied on those statements,” Zmuda said.

Zmuda has said the school’s administrators were aware that he is gay and that he was in a relationship. Administrators asked him not to bring his partner to school functions, according to the lawsuit.

The school sent a letter home to parents on Thursday, saying the school’s board of directors would handle legal issues and the administrators would continue to run the school.

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Former vice principal sues Eastside Catholic over dismissal

Mark_ZmudaMark Zmuda, the vice principal who was forced to resign from Eastside Catholic School after marrying his partner in a same-sex wedding, is filing a discrimination lawsuit against the school and the Archdiocese of Seattle.

Zmuda’s attorney, Richard H. Friedman, said the lawsuit will be filed Friday, and a news conference will be held then to announce details.

Zmuda, a popular teacher, coach and vice principal at Eastside Catholic, was forced to resign after officials there learned of his marriage to his same-sex partner.

School officials said Zmuda had violated a signed agreement that his behavior would at all times be consistent with the values and teachings of the Catholic Church. The church does not recognize gay marriage.

Zmuda’s dismissal sparked two petition drives calling on the school to reinstate Zmuda to his post, but school officials refused to do so.

The archdiocese responded to the petitions, which gathered thousands of signatures, with a statement saying that they stood by the decision to replace Zmuda.

“In no way was their goal to be discriminatory to anyone but to be faithful to their mission as a Catholic school,” Archbishop J. Peter Sartain wrote.

Corey Sinser, a 2006 graduate of Eastside Catholic who led one of the petition drives, said Zmuda wants to come back to the school as an educator, but since that is no longer an option a lawsuit is “the next logical step.”

During the period of turmoil from the decision, Eastside Catholic President Sister Mary Tracy resigned.

Pope hits out at criticism of Church over sexual abuse

File Under: What an incredibly stupid thing to say, Francis.

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Pope Francis has strongly defended the Roman Catholic Church’s record on tackling sexual abuse by priests.

In a rare interview with an Italian newspaper, the Pope said “no-one else has done more” to root out paedophilia.

He said the Church had acted with transparency and responsibility, yet it was the only institution to have been attacked.

Last month, the UN strongly criticised the Vatican for failing to stamp out child abuse and for allowing cover-ups.
‘Shocking’ statistics

In his interview with Corriere della Sera published on Wednesday, Pope Francis said: “The Catholic Church is perhaps the only public institution to have acted with transparency and responsibility.

“No-one else has done more. Yet the Church is the only one to have been attacked.”

The Pope, who will celebrate his first anniversary of his election later this month, also praised his predecessor, Emeritus Pope Benedict XVI, for changing the Church’s attitude towards predatory priests, saying he had been “very courageous”.

He also questioned the focus of the debate, saying: “The statistics on the phenomenon of violence against children are shocking, but they also clearly show that the great majority of abuses are carried out in family or neighbourhood environments.”

A UN report into the abuse scandals published last month called on the Pope to “immediately remove” all clergy who were known or suspected child abusers.

It also accused the Vatican of systematically placing the “preservation of the reputation of the Church and the alleged offender over the protection of child victims” – something it has strenuously denied.

The UN Committee on the Rights of the Child (CRC) said the Holy See should open its files on members of the clergy who had “concealed their crimes” so that they could be held accountable by the authorities.

Pope Francis has set up a commission to investigate sex crimes committed by priests and to care for victims, but so far he has made very few public comments about the scandals that have rocked the Church in recent years.

No ‘big changes’

The leader of an Italian group representing victims of clerical sex abuse claimed there had been little action from the Vatican and said there had been no “big changes” under Pope Francis.

Francesco Zanardi of Rete L’Abuso, told the BBC: “The cases of child abuse by priests continue to happen, all around Italy, and of the cases that we’ve denounced we have seen no results.”

“The Pope may make this statement, but then the Vatican doesn’t reply to the UN or impose the obligation that bishops should denounce accused priests in the courts and not deal with the cases internally.”

Mr Zanardi also attacked the coverage of the abuse scandals, saying the media in Italy “adored” Pope Francis.

“We who work on this issue can see how real things are. Reality is very different to what the media say,” he said.

Pope Francis also used the interview to admit that he is uncomfortable with the depiction of him as a “superman” who leaves the Vatican at night to feed the homeless.

He told the newspaper: “The Pope is a man who laughs, cries, sleeps calmly and has friends like everyone else. A normal person.”

His comments came as a new weekly magazine devoted entirely to his life, called Il Mio Papa – or My Pope – hit the newsstands in Italy.

Complete Article HERE!

Archdiocese of St. Louis turns over its clergy abuse names, as court ordered

By Jennifer S. Mann

The Archdiocese of St. Louis has complied with a judge’s order in turning over the names of priests who were accused of sexually abusing minors over a 20-year period, along with the names and contact information of victims.

Archbishop Robert CarlsonBecause the list is under a court-ordered seal, available only to the judge and lawyers involved, it is unclear exactly how many individuals’ names were included.

Ken Chackes, lawyer for a woman whose suit prompted the disclosure, said he could not comment because of the order.

The disclosure is part of 2011 suit filed on behalf of a then-19-year-old woman who claims she was sexually abused from 1997 to 2001 by the since-defrocked Rev. Joseph Ross. The woman’s lawyers are trying to show the archdiocese had a pattern of ignoring sexual abuse complaints.

The archdiocese had previously submitted an anonymous matrix of 240 complaints against 115 church employees over a 20-year period ending in 2003.

But it did not specify how many of the group were nonclergy, and some of the complaints pertained to members of separate religious orders. Neither of those groups is covered by the court order.Cathedral Basilica in St. Louis

The archdiocese fought further disclosures ordered by St. Louis Circuit Judge Robert Dierker, citing the privacy of the accused and the accuser. But on Wednesday, the Missouri Supreme Court ordered the names turned over.

In a memorandum filed in court, attorneys for the archdiocese confirm that they released the names to the woman’s lawyers the day after the top court’s order. They noted that complaints that were deemed “unsubstantiated” — according to the previous list, 40 of the 240 — were not included, per Dierker’s order. The lawyers said the archdiocese is not, however, conceding that the remainder are substantiated.

Dierker’s order also allowed the archdiocese to withhold the names of victims who had requested anonymity. Its lawyers note in the court filing that it did so with 48 of the complaints.

In addition to keeping the names under seal, Dierker’s order ensures that the victims are not contacted directly by the plaintiff’s lawyers. Instead, a court-appointed lawyer will make the first contact.

The lawyers mention in the filing that seven additional claims have been uncovered since their first list. Those are now included.

Legal settlements and trials have forced similar disclosures in a number of other dioceses across the country, according to a list maintained by BishopAccountability.org.

What makes Dierker’s order in St. Louis unique is that it comes while the case is still pending — when more can be learned through depositions and the discovery process. The case is set to go to trial Feb. 24, although the woman’s lawyers might seek a continuance.

Complete Article HERE!

UN committee blasts Vatican on sex abuse, abortion

By Nicole Winfield

The Vatican “systematically” adopted policies that allowed priests to rape and molest tens of thousands of children over decades, a U.N. human rights committee said Wednesday, urging it to open its files on pedophiles and bishops who concealed their crimes.

st petersIn a devastating report hailed by victims, the U.N. committee severely criticized the Holy See for its attitudes toward homosexuality, contraception and abortion and said it should change its own canon law to ensure children’s rights and their access to health care are guaranteed. The Vatican promptly objected.

The report puts renewed pressure on Pope Francis to move decisively on the abuse front and make good on pledges to create a Vatican commission to study sex abuse and recommend best practices to fight it. The commission was announced at the spur of the moment in December, but few details have been released since then.

The committee issued its recommendations after subjecting the Holy See to a daylong interrogation last month on its implementation of the U.N. Convention on the Rights of the Child, the key U.N. treaty on child protection, which the Holy See ratified in 1990.

Critically, the committee rejected the Vatican’s longstanding argument that it doesn’t control bishops or their abusive priests, saying the Holy See was responsible for implementing the treaty not just in the Vatican City State but around the world “as the supreme power of the Catholic Church through individuals and institutions placed under its authority.”

In its report, the committee blasted the “code of silence” that has long been used to keep victims quiet, saying the Holy See had “systematically placed preservation of the reputation of the church and the alleged offender over the protection of child victims.” It called on the Holy See to provide compensation to victims and hold accountable not just the abusers but also those who covered up their crimes.

“The committee is gravely concerned that the Holy See has not acknowledged the extent of the crimes committed, has not taken the necessary measures to address cases of child sexual abuse and to protect children, and has adopted policies and practices which have led to the continuation of the abuse by, and the impunity of, the perpetrators,” the report said.

It called for Francis’ nascent abuse commission to conduct an independent investigation of all cases of priestly abuse and the way the Catholic hierarchy has responded over time, and urged the Holy See to establish clear rules for the mandatory reporting of abuse to police and to support laws that allow victims to report crimes even after the statute of limitations has expired.

No Catholic bishop has ever been sanctioned by the Vatican for sheltering an abusive priest, and only in 2010 did the Holy See direct bishops to report abusers to police where law enforcement requires it. Vatican officials have acknowledged that bishop accountability remains a major problem and have suggested that under Francis, things might begin to change.

The committee’s recommendations are non-binding and there is no enforcement mechanism. Rather, the U.N. asked the Vatican to implement the recommendations and report back by 2017. The Vatican was 14 years late submitting its most recent report.

While most attention has focused on child sex abuse, the committee’s recommendations extended far beyond, into issues about discrimination against children and their rights to adequate health care, issues that touch on core church teaching about life and sexual morals.

The committee, for example, urged the Vatican to amend its canon law to identify circumstances where access to abortion can be permitted for children, such as to save the life of a young mother. It urged the Holy See to ensure that sex education, including access to information about contraception and preventing HIV, is mandatory in Catholic schools. It called for the Holy See to use its moral authority to condemn discrimination against homosexual children or children raised by same-sex couples.

The Vatican said it would study the report and in a statement reiterated its commitment to defending and protecting children’s rights that are enshrined in the treaty. But it took issue with the committee’s recommendations to change core church teaching on life.

“The Holy See does, however, regret to see in some points of the concluding observations an attempt to interfere with Catholic Church teaching on the dignity of human person and in the exercise of religious freedom,” the Vatican said.

Church teaching holds that life begins at conception; the Vatican therefore opposes abortion and artificial contraception. The Vatican has a history of diplomatic confrontation with the United Nations over such issues.

Austen Ivereigh, coordinator of Catholic Voices, a church advocacy group, said the report was a “shocking display of ignorance and high-handedness.”

He said it failed to acknowledge the progress that has been made in recent years and that the Catholic Church in many places is now considered a leader in safeguarding children. And he noted that the committee seemed unable to grasp the distinction between the responsibilities and jurisdiction of the Holy See, and local churches on the ground.

“It takes no account of the particularities of the Holy See, treating it as if it were the HQ of a multinational corporation,” he said in an email.

But victims groups hailed the report as a wake-up call to secular law enforcement officials to investigate the abuse and cover-up and prosecute church officials who are still protecting predator priests.

“This report gives hope to the hundreds of thousands of deeply wounded and still suffering clergy sex abuse victims across the world,” said Barbara Blaine, president of the main U.S. victim’s group SNAP. “Now it’s up to secular officials to follow the U.N.’s lead and step in to safeguard the vulnerable because Catholic officials are either incapable or unwilling to do so.”

Complete Article HERE!