Table Of ContentPalgrave Studies in Religion, Politics, and Policy
Series Editors: Ted G. Jelen and Mark J. Rozell
A generation ago, many social scientists regarded religion as an anachronism, whose social,
economic, and political importance would inevitably wane and disappear in the face of
the inexorable forces of modernity. Of course, nothing of the sort has occurred; indeed,
the public role of religion is resurgent in US domestic politics, in other nations, and in the
international arena. Today, religion is widely acknowledged to be a key variable in candidate
nominations, platforms, and elections; it is recognized as a major influence on domestic
and foreign policies. National religious movements as diverse as the Christian Right in the
United States and the Taliban in Afghanistan are important factors in the internal politics of
particular nations. Moreover, such transnational religious actors as Al-Qaida, Falun Gong,
and the Vatican have had important effects on the politics and policies of nations around
the world.
Palgrave Studies in Religion, Politics, and Policy serves a growing niche in the discipline of
political science. This subfield has proliferated rapidly during the past two decades, and has
generated an enormous amount of scholarly studies and journalistic coverage. Five years ago,
the journal Politics and Religion was created; in addition, works relating to religion and poli-
tics have been the subject of many articles in more general academic journals. The number
of books and monographs on religion and politics has increased tremendously. In the past,
many social scientists dismissed religion as a key variable in politics and government.
This series casts a broad net over the subfield, providing opportunities for scholars at all
levels to publish their works with Palgrave. The series publishes monographs in all subfields
of political science, including American Politics, Public Policy, Public Law, Comparative
Politics, International Relations, and Political Theory.
The principal focus of the series is the public role of religion. “Religion” is construed broadly
to include public opinion, religious institutions, and the legal frameworks under which
religious politics are practiced. The “dependent variable” in which we are interested is politics,
defined broadly to include analyses of the public sources and consequences of religious belief
and behavior. These would include matters of public policy, as well as variations in the prac-
tice of political life. We welcome a diverse range of methodological perspectives, provided
that the approaches taken are intellectually rigorous.
The series does not deal with works of theology, in that arguments about the validity or
utility of religious beliefs are not a part of the series focus. Similarly, the authors of works
about the private or personal consequences of religious belief and behavior, such as personal
happiness, mental health, or family dysfunction, should seek other outlets for their writings.
Although historical perspectives can often illuminate our understanding of modern politi-
cal phenomena, our focus in the Religion, Politics, and Policy series is on the relationship
between the sacred and the political in contemporary societies.
The Catholic Church in Polish History: Politics, Religion, and Cultural Resistance
By Sabrina P. Ramet
Global Religions and International Relations: A Diplomatic Perspective
By Pasquale Ferrara
Beyond Religious Right and Secular Left Rhetoric: The Road to Compromise
By Karin Fry
Christianity in Chinese Public Life: Religion, Society, and the Rule of Law
Edited by Joel A. Carpenter and Kevin R. den Dulk
Mitt Romney, Mormonism, and the 2012 Election
By Luke Perry
Clerical Sexual Abuse: How the Crisis Changed US Catholic Church–State Relations
By Jo Renee Formicola
Clerical Sexual Abuse
How the Crisis Changed US Catholic
Church–State Relations
Jo Renee Formicola
CLERICAL SEXUAL ABUSE
Copyright © Jo Renee Formicola, 2014.
Softcover reprint of the hardcover 1st edition 2014 978-1-137-38402-7
All rights reserved.
First published in 2014 by
PALGRAVE MACMILLAN®
in the United States— a division of St. Martin’s Press LLC,
175 Fifth Avenue, New York, NY 10010.
Where this book is distributed in the UK, Europe and the rest of the world,
this is by Palgrave Macmillan, a division of Macmillan Publishers Limited,
registered in England, company number 785998, of Houndmills,
Basingstoke, Hampshire RG21 6XS.
Palgrave Macmillan is the global academic imprint of the above companies
and has companies and representatives throughout the world.
Palgrave® and Macmillan® are registered trademarks in the United States,
the United Kingdom, Europe and other countries.
ISBN 978-1-349-48074-6 ISBN 978-1-137-38164-4 (eBook)
DOI 10.1057/9781137381644
Library of Congress Cataloging-in-Publication Data
Formicola, Jo Renee, 1941–
Clerical sexual abuse : how the crisis changed U.S. Catholic church-state
relations / by Jo-Renee Formicola.
pages cm
Includes bibliographical references and index.
1. Child sexual abuse by clergy—United States. 2. Catholic Church—
Clergy—Sexual behavior—United States. 3. Church and state—Catholic
Church. 4. Church and state—United States. I. Title.
BX1912.9.F67 2014
261.8(cid:25)327208828273—dc23 2014012338
A catalogue record of the book is available from the British Library.
Design by Newgen Knowledge Works (P) Ltd., Chennai, India.
First edition: October 2014
10 9 8 7 6 5 4 3 2 1
To the Victims of Clerical Sexual Abuse
To their Parents, Spouses, and Supporters
For their Psychic healing, Physical health, and
Spiritual reconciliation
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Contents
Introduction 1
1 Early Warnings and Denials:
Father Gauthe 9
2 Revelations and Scandals: Boston and
Beyond 45
3 Challenge and Complexity: Canon
Law and Civil Law 75
4 Too Little, Too Late: The Hierarchy
Responds 111
5 Pushback and Payback: The Laity and
the Lawyers 147
6 From Crisis to Power Shift and
the Future 193
Notes 217
Bibliography 243
Index 267
vii
Introduction
The newspapers are full of it. Television commentators con-
tinue to report on it. The Internet is a growing repository
of heinous stories related to it. So far, it has cost over three
billion dollars to settle the lawsuits. But the cost in public-
ity and money is only a collateral consequence of Catholic
clerical sexual abuse. The crisis is costing the Church its
moral credibility and its long-standing, balanced relation-
ship with civil authority in the United States.
Over the course of the last decade and a half, numerous
cases have come before civil and criminal courts to redress
priestly sexual crimes perpetrated against children. Stories
have escalated about the rise of “pedophilia,” or the adult
attraction for, or a sex act with, a prepubescent child.
Others tell of “ephebophilia,” a different type of sexual
deviance based on an adult attraction for, or sex with,
a minor during his/her later teenage years.
When the first stories of clerical sexual abuse started to
trickle out in the media, the general public was shocked.
The tragedies of the victims, the heinous crimes of the
priests, the arrogance and the naïveté of the hierarchy all
stunned American society. Catholics, especially, could not
believe that the most respected, educated, and spiritual
members of their religious community were responsible
for violating their innocent children. The laity’s shock
turned to anger. Their need for compassion changed into
demands justice—but both were left unanswered.
The Church all but ignored and abandoned the victims
of clerical sexual abuse. Its leadership hid behind a theol-
ogy that stressed repentance and reconciliation. Church
1
2 Clerical Sexual Abuse
officials from the Pope on down blamed others for the predatory behavior
of priests: the culture, American society, and h omosexuality. The Church
demanded ecclesiastical rights and relied on its own canon law to punish
its clergy. It used secret financial settlements and confidentiality agree-
ments to silence victims, a tactic that the hierarchy believed would heal
the victims’ psychic injuries and save the reputation of the Church. The
bishops and other superiors acted as though money for therapy and suf-
fering from past clerical molestations would wipe the slate clean. They
behaved as though they could circumvent the need for the Church to be
accountable for the lack of former criminal prosecutions and financial
liability, and yet, somehow, protect other children from similar, repre-
hensible victimization in the future.
When Church officials refused to recognize not just the sin but the
crime of sexual abuse, molested children and their aggrieved families
had no place to go for justice other than civil authorities. It was the
state—not the Church—that acted to protect their rights and address
their grievances.
In the process, civil authorities have used civil law to challenge Church
legal mandates known as the “canon law.” State officials have used their
various powers to overcome the perceived right of the Catholic reli-
gious leadership to invoke special ecclesiastical exemptions, privileges,
superiority and secrecy in the handling of clerical sexual abusers. They
have broadened the scope and use of the subpoena to access clerical
personnel and medical records. They have investigated the hierarchical
management of clergy. They have deposed high-ranking members of
the Catholic leadership. They have become involved in Church financial
matters related to bankruptcy. They have monitored Church employees
working with minors. They have sent predator priests to jail for their
crimes. In short, civil officials over the last 15 years have done what the
hierarchy has been unable and unwilling to do: hold the clerical sexual
abusers and their hierarchical enablers accountable for their crimes.
Chapter 1 of this book begins by looking at the traditional Catholic
treatment of early clerical sexual abusers in the United States. By examin-
ing the case of Father Gilbert Gauthe in Louisiana, in 1984, it provides an
early picture of the standard operating procedures of bishops with regard
to sexual deviance. Their grand strategy was basically to deny any such
occurrences, and their tactics could be characterized as ones that were
totally secret and intimidating for the accusers. Sometimes bishops made
referrals of priests for “treatment” to a variety of “facilities,” which were
