Conference will join abuse debate
Anticipated legislation will address at least three of the questions
By John Huebscher
Soon, legislators will introduce a bill to address several
issues related to the problem of sexual misconduct by clergy. The
legislation will address at least three questions.
Should clergy be added to the list of professions who are
mandatory reporters under Wisconsin's child abuse and neglect
reporting laws?
Should the statute of limitations for criminal and civil
actions against those responsible for such abuse be extended? If
so, for how long after the offense should the statute run?
Does the law permit victims of child abuse or child
sexual assault the right to sue churches for acts of clergy?
The Wisconsin Catholic Conference will be an active participant
in the deliberations and debates concerning this legislation. This
debate presents a unique set of challenges for the Conference,
indeed for all Catholics.
Our participation in this debate should further several goals.
First among these is that of restoring trust of victims and
survivors who have experienced pain that is beyond the ability of
most of us to comprehend.
We seek also to restore trust of other Catholics scandalized by
what has happened and for whom the Catholic tradition has a moral
authority on public policy questions.
It is also critical that the church's response reflect faithful
stewardship of the resources Catholics and others give freely to
the church. People who have faithfully supported their parishes and
the ministries that make up the Catholic presence in Wisconsin
deserve no less.
These goals are easy to define. Discerning how to meet them is
more difficult.
Last June, Mark Sullivan, Dean of the Villanova University law
school wrote a thoughtful article discussing how the church should
behave when sued in court. Sullivan's insights are particularly
helpful as one assesses how to meet this challenge in a policy
debate.
Sullivan notes that there is a difference between legal
responsibility and moral responsibility. Though related, they are
not the same.
It is critical, he argues to respond to what is essentially a
moral crisis by accepting moral responsibility for our actions as
we pursue policy or legal issues.
At the same time, Sullivan emphasizes, "accepting moral
responsibility does not mean that every church institution must
accept the legal responsibility as defined by every plaintiff's
lawyer."
Sullivan goes on to observe that in our legal system lawyers are
expected to be zealous advocates for their point of view. This is
also true of debates over public policy.
Enactment of sound laws and just policies is more likely when
the public weighs the best cases for the differing points of view.
In this context, advocates for religious institutions do not have a
moral obligation to assume that every argument made by their
opponents constitutes objective truth.
Putting it more simply, advocates for the church ought not
behave like pit bulls but neither should they allow others to treat
them as punching bags.
Even as we assert our legitimate rights and interests in these
debates, we must do so with sensitivity to those of other religious
traditions.
People of different religions and communities of faith employ a
variety of structures to practice their beliefs. Crafting laws and
policies that respect all of these structures is no easy task. It
is important that Catholics recognize that the law be as
considerate of other religions as we want it to be for ours.
Future columns and news accounts will describe and explain the
WCC's specific response to the major issues in the pending
legislation. Hopefully, readers will conclude those positions will
represent a sincere effort to restore trust, exercise good
stewardship and respect Wisconsin's religious pluralism.
(Huebscher is executive director of the Wisconsin Catholic
Conference, the civil arm of the state's five diocesan
bishops. Its website is www.wisconsincatholic.org.)
|