New York's New Archbishop: What the Choice Means for American Politics

February 23, 2009 RSS Feed Print

By Dan Gilgoff, God & Country

I've filed a story for usnews.com—to be posted shortly—on just-named New York Roman Catholic Archbishop Timothy M. Dolan and why the choice will send ripples through American Catholicism far beyond the confines of the New York archdiocese. Now for the political ramifications:

1. Making his highest-profile U.S. appointment since his 2005 election, Pope Benedict XVI chose a conservative who is likely to stress the church's stand on social issues like abortion. Other choices for the post, including Atlanta Archbishop Wilton Gregory, would have focused more on the church's social justice positions, including alleviating poverty, promoting humane immigration policies, and opposing war.

2. The pope wanted a conservative for the post but not a strident right-wing advocate. National Catholic Reporter senior correspondent John Allen tells me that Dolan hails from the American church's center-right flank, not the hard right. Hard-right bishops, including Denver Archbishop Charles Chaput, make headlines by denying communion to politicians or parishioners who support abortion rights. The difference is mostly one of style.

3. Despite the new archbishop's less confrontational style toward political leaders, he is more likely to use the national bully pulpit that the Big Apple offers than did his predecessor, outgoing New York Archbishop Edgar Egan. "Egan had such a low profile that he was criticized for it by the left and the right," says David Gibson, author of The Rule of Benedict: Pope Benedict XVI and His Battle W ith the Modern World . "They both want someone who is much more visible."

4. There may be a tendency to read too much political motivation into the appointment of a firm conservative in the age of Barack Obama. National Catholic Reporter's Allen warns against it. "The Vatican is the classic example of an institution that thinks in terms of centuries," he says.

From my usnews.com piece, here's an explanation about why New York's new archbishop matters so much for American Roman Catholicism:

Though there are more Catholics in other archdioceses, like Los Angeles, and though the church is growing much faster in the South and Southwest, New York's archbishop has long held a unique position in American Catholicism.

"The Archbishop of New York is the closest thing we have to an American pope," says John Allen, senior correspondent for the National Catholic Reporter . "In some ways, he plays the role of leading the American Catholic Church."

...Dolan's choice carries so much weight for the future of the wider American church largely because of New York's position as the nation's capital for media and culture. When Pope John Paul II met then New York Archbishop John O'Connor in 1983, the pope called him "archbishop of the capital of the world," a reference to Rome, which once held that title. In an interview, Whispers in the Loggia blogger Rocco Palmo noted that as far back as 1875, the Vatican picked New York's archbishop to be the first American cardinal, snubbing Baltimore, the church's first U.S. diocese.

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The Survivors Network of those Abused by Priests

SNAP Press Release

For immediate release: Tuesday, Dec. 15, 2009

For more information: David Clohessy 314 566 9790

Clergy sex abuse victims join in case vs. abusive rabbi and cantor

Sexual misconduct case is now before the Nevada Supreme Court

A Chicago-based support group for clergy sex abuse victims has joined in an amicus brief in a case against an allegedly abusive Las Vegas rabbi. The case is captioned Ramani v. Segelstein

SNAP has been highly critical of Las Vegas Catholic officials for refusing to warn their flock about predator priests, especially those from elsewhere who have moved to Nevada in recent years.

(SNAP, the Survivors Network of those Abused by Priests, is the nation’s oldest and largest support group for clergy abuse victims. We’ve been around for 21 years and have more than 9,000 members across the country. Despite the word “priest” in our title, we have members who were molested by religious figures of all denominations, including nuns, rabbis, bishops, and Protestant ministers. Our website is SNAPnetwork.org)

http://www.au.org/media/press-releases/archives/2009/12/first-amendment-does-not.html

First Amendment Does Not Protect Criminal Activities By Staff At Religious Organizations, Groups Say

December 14, 2009

Church-State Watchdog Group Joins Legal Brief In Sex-Abuse Case Before Nevada Supreme Court

The First Amendment’s religious liberty provisions do not shield houses of worship from liability when their staff members or volunteers commit crimes, Americans United for Separation of Church and State has told the Nevada Supreme Court.

Americans United and several other organizations filed a friend-of-the-court brief Dec. 11 in Nevada’s top court asserting that point.

The case in question, Ramani v. Segelstein, deals with a woman who says she was sexually assaulted by a cantor at her synagogue after a service. When she reported the assault to the head rabbi, he allegedly ignored the complaint and proceeded to solicit her for sexual favors.

“The principle of religious liberty must not be sullied by making it a shield for criminal activity,” said the Rev. Barry W. Lynn, executive director of Americans United. “The First Amendment was never intended to be interpreted that way.”

In the brief, Americans United and the other organizations take issue with claims made by the Roman Catholic Bishops of Las Vegas and Reno and the Church of Jesus Christ of Latter-day Saints (LDS), which argue in their brief that religious organizations should be immune (except in very narrow circumstances) when their employees or volunteers commit crimes like sexual assault.

The brief filed by AU and others states that the bishops and the LDS church are essentially arguing “that religious entities can harm others without accountability and that somehow the First Amendment operates to create a special, religious enclave of those who must be permitted as a constitutional matter to be unaccountable for the harm they inflict.”

Many courts, the brief asserts, have rejected this argument.

“When an employer becomes aware (or should be aware) of behavior that may be harmful and does nothing – or exacerbates the harm as in [this case], the organization should be held liable for the injury that it had the unique ability to avoid through control of the employee or servant,” observes the brief.

The brief also argues that the fact that a house of worship’s clergyperson may have acted as an unpaid volunteer does not automatically shield the house of worship from liability.

“Exempting volunteers from normal agency law simply does not comport with well-settled agency doctrine, or the protection of the vulnerable,” argues the brief.

In addition to Americans United, organizations signing the brief include the Jewish Board of Advocates for Children, Inc.; Survivors For Justice; the National Black Church Initiative; Survivors Network of those Abused by Priests; the National Association to Prevent Sexual Abuse of Children; Child Protection Project; the Foundation to Abolish Child Sex Abuse; the Cardozo Advocates for Kids; Sexual Violence Legal News; Children’s Healthcare is a Legal Duty and Americans Against Abuses of Polygamy.

The brief was written by Professor Marci A. Hamilton, who holds the Paul R. Verkuil Chair in Public Law at Benjamin N. Cardozo School of Law, Yeshiva University.

Americans United is a religious liberty watchdog group based in Washington, D.C. Founded in 1947, the organization educates Americans about the importance of church-state separation in safeguarding religious freedom.

brenda of NV 9:15PM December 17, 2009

First Amendment Does Not Protect Criminal Activities by Staff at Religious Organizations, Says Americans United

Church-State Watchdog Group Joins Legal Brief in Sex-Abuse Case Before Nevada Supreme Court

WASHINGTON - December 14 - The First Amendment's religious liberty provisions do not shield houses of worship from liability when their staff members or volunteers commit crimes, Americans United for Separation of Church and State has told the Nevada Supreme Court.

Americans United and several other organizations filed a friend-of-the-court brief Dec. 11 in Nevada's top court asserting that point.

The case in question, Ramani v. Segelstein, deals with a woman who says she was sexually assaulted by a cantor at her synagogue after a service. When she reported the assault to the head rabbi, he allegedly ignored the complaint and proceeded to solicit her for sexual favors.

"The principle of religious liberty must not be sullied by making it a shield for criminal activity," said the Rev. Barry W. Lynn, executive director of Americans United. "The First Amendment was never intended to be interpreted that way."

In the brief, Americans United and the other organizations take issue with claims made by the Roman Catholic Bishops of Las Vegas and Reno and the Church of Jesus Christ of Latter-day Saints (LDS), which argue in their brief that religious organizations should be immune (except in very narrow circumstances) when their employees or volunteers commit crimes like sexual assault.

The brief filed by AU and others states that the bishops and the LDS church are essentially arguing "that religious entities can harm others without accountability and that somehow the First Amendment operates to create a special, religious enclave of those who must be permitted as a constitutional matter to be unaccountable for the harm they inflict."

Many courts, the brief asserts, have rejected this argument.

"When an employer becomes aware (or should be aware) of behavior that may be harmful and does nothing - or exacerbates the harm as in [this case], the organization should be held liable for the injury that it had the unique ability to avoid through control of the employee or servant," observes the brief.

The brief also argues that the fact that a house of worship's clergyperson may have acted as an unpaid volunteer does not automatically shield the house of worship from liability.

"Exempting volunteers from normal agency law simply does not comport with well-settled agency doctrine, or the protection of the vulnerable," argues the brief.

In addition to Americans United, organizations signing the brief include the Jewish Board of Advocates for Children, Inc.; Survivors For Justice; the National Black Church Initiative; Survivors Network of those Abused by Priests; the National Association to Prevent Sexual Abuse of Children; Child Protection Project; the Foundation to Abolish Child Sex Abuse; the Cardozo Advocates for Kids; Sexual Violence Legal News; Children's Healthcare is a Legal Duty and Americans Against Abuses of Polygamy.

The brief was written by Professor Marci A. Hamilton, who holds the Paul R. Verkuil Chair in Public Law at Benjamin N. Cardozo School of Law, Yeshiva University.

###

Americans United is a religious liberty watchdog group based in Washington, D.C. Founded in 1947, the organization educates Americans about the importance of church-state separation in safeguarding religious freedom.

Becky of AZ 9:19PM December 16, 2009

If they did the crime, do the time. What are the

facts? Does the woman have a good lawyer? Who cares

about the rest, their's is not new news....if you

recall from the early Byzantine eras and

earlier...and not all female....they've

always made excuses.

halejula of NY 9:22PM December 14, 2009

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Dan Gilgoff covers religion for U.S. News & World Report. He is the author of The Jesus Machine: How James Dobson, Focus on the Family, and Evangelical America are Winning the Culture War, and is a former politics editor at beliefnet. E-mail Dan at godandcountry@usnews.com.

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