The parish not the Bishop

Some important news out of Washington for Catholics.

A federal judge ruled Thursday that individual parishes of the Catholic Diocese of Spokane are not owned by the bishop and thus cannot be sold by him to pay victims of clergy sex abuse.

The ruling by Judge Justin Quackenbush overturned a decision made in August by a bankruptcy judge who had ruled that the bishop held title to all parish assets.

It appeared to be a victory for about 80 parishes that had been at risk of losing churches, schools and other property to pay victims' claims. It could be a loss for plaintiffs, who for now would be left with only the much smaller assets of the bishop to divide in any court settlement.

Quackenbush sent the case back to bankruptcy court for a determination on the status of individual parishes.

"It reduces the pot at this point," said Gayle Bush, an attorney representing victims. "The judge strongly encouraged the parties to settle their differences."

The diocese filed for bankruptcy protection in 2004, citing claims by 185 alleged abuse victims seeking $81.3 million. The church listed assets of $11 million.

Shaun Cross, a lawyer for the diocese, praised the ruling, saying the parishes paid for their own land and operating expenses "and held a resulting trust."

"Yes, the bishop has legal title, but the beneficial interest is held by each of the parishes," he said. Cross predicted the ruling would lead to serious settlement talks during a mediation session set for July 7.

Attorney James Stang, who represents many alleged abuse victims, said the ruling might require a trial to determine the status of parish assets.

*****

Parishes could volunteer money to a settlement, or a trial might compel them to contribute, Stang said.

*****

Spokane Bishop William Skylstad had argued last year that he did not control individual parishes and thus they were not available to cover settlement costs.

Skylstad, president of U.S. Catholic bishops, was among clergy accused of sexual abuse. He has denied the allegation.

I'm very glad to hear of Judge Quackenbush's decision. Does he know his last name is almost the same as a Grucho Marx character? If not for legal concerns the 'Day at the Races' would have been named Quackenbush.

Observations

1- One, the bishop may hold title to a parish church but who in reality paid the churches and schools? Take for instance the church dear wife and I belong to. Who built the church in 1987? The parrishoners. Through donations made to the church. NOT the bishop. The Bishop or diocese had nothing to do with the fundraising.

Therefore why should a church be sold to pay for the debts of the diocese?

2- Skagg's comment about volunteering money and compelling parrishes to pay is laughable. Parrishoners can't be made to ante up. Plus if a parrish in Spokane is the same as here, it is self-sufficent. The diocese neither has anything to do with day to day operations, or finances them.

Judge Quackenbush's decision is a small victory for Catholics in the United States. The previous court decision set a dangerous precedent. Catholics should not get too confident, this battle isn't over nor is the ongoing attack on our faith by certain elites in this country. Are Catholics to become a persecuted minority in the 21st century?

Open Post- TMH's Bacon Bits, Right Wing Nation, Outside the Beltway,