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Laicization seen as option for abusive clergy Bishop Hubbard reaffirms zero tolerance and immediate dismissal Bishop Howard J. Hubbard has decided not to automatically seek the laicization of priests who have been found guilty of sexual abuse and who are immediately removed from ministry. But he retains the right to do so, should circumstances warrant it. His decision came after consultation with the Albany Diocese's Clergy Sexual Misconduct Panel and canon lawyers. The decision was made, he said, in light of the fact that "formal and public removal from ministry is sufficient punishment for the priest and adequate protection for the community." Distinction The Bishop commented after a newspaper article earlier this week and subsequent coverage by other media misrepresented some of the issues involved. For example, some Catholics and some in the media have confused the terms "removal from ministry" and "laicization," and think they are identical penalties. "Removal from ministry," the penalty applied by bishops to priests found guilty of sexual misconduct with minors, means that a person cannot act publicly as a priest. He is removed from his parish or other ministry, and required to live a withdrawn life of penance. "Laicization" is granted only by the Vatican's Congregation for the Doctrine of the Faith and goes a step further than removal from ministry. It means men cannot function in any capacity as priests, including saying Mass even privately. In addition, they may cease to receive financial support from the Church, such as pensions, depending not only on canon law but also on state regulations. (The popular term "defrocking," which is sometimes applied to laicization, is an outdated term not used by the Church.) Retained right Not asking the Vatican to laicize an abusive priest after he is removed from ministry achieves at least two purposes: * It maintains lines of communication with the clergy by the Diocese. If a priest were laicized, he would no longer be subject to Church authority in any way; * The threat of further punishment by laicization can act as a check on a priest's behavior. Zero tolerance Current Albany diocesan guidelines are in accordance with the U.S. bishops' "Charter for the Protection of Children and Young People," which requires the immediate removal from ministry of abusive priests but does not require laicization. The latter is presented as an option by the charter. Examples of why it might not be chosen include advanced age or infirmity. Under the charter's zero-tolerance policy, abusive priests are immediately removed from ministry and forbidden to act in public as clergy. Despite some media misrepresentations of his position, Bishop Hubbard: * has voted twice in favor of zero tolerance: in 2002, when the charter was first adopted, and again this year, when it was renewed; * was among the first bishops to implement zero tolerance, removing six priests from ministry within days of the charter's adoption; and * served on the U.S. bishops' Committee for the Protection of Children and Young Adults, which recommended just this past June the continuance of zero tolerance in the charter. Aging clergy Eighteen priests of the Albany Diocese have been removed from ministry for sexual misconduct with minors. Many of them are elderly; several live in nursing homes or similar facilities. Those priests removed from ministry who qualify receive a pension and health benefits. Dismissal from ministry means that the priest is removed from the rights and obligations of priesthood. It does not mean he, like any other employed citizen, is to be denied personnel benefits he may have accrued during his years of priestly ministry. To receive such benefits in the Albany Diocese, a priest had to be in ministry at least 30 years and be 60 years of age. The benefits are paid from restricted funds, which are a standard part of the Diocese's personnel package, not from the Bishop's Appeal or any general parish or diocesan funds. Needs met A number of priests who were removed did not meet those standards and hence are not receiving benefits from the Diocese. The removed priests who receive their diocesan pensions and health insurance have their basic human needs addressed. If they were laicized, they could lose such benefits, and their care might become the burden of the state or federal government. Further, canon law requires that a bishop, in charity, may have to provide assistance even to a laicized priest so that he is not left destitute and uncared for. Victims Bishop Hubbard recognizes that some victims of clergy abuse may not be content with a priest's public removal from ministry. "I understand," he said, "that some victims feel that laicization is the only fitting punishment. But I have concluded that publicly announced and permanent removal from ministry provides appropriate punishment for the priest and adequate protection for the community." (8/18/05) |