Current Events, Media

On church ownership

I found an excellent article, Who owns the Church (sic) written by Thomas Szyszkiewicz at the Epiphany Blog.  Mr. Szyszkiewicz is a Catholic journalist. This is a good addition and follow on to my Catholic Church Is Dealt a Blow in Asset Dispute post. One of the items in the article I found most humorous was:

In 1911, the Sacred Congregation for the Council (now the Congregation for the Clergy) told the bishops of the United States that they did not like the corporation sole model all that well and preferred the method of parish corporation, where each individual parish is separately incorporated in the state.

Among the methods which are now in use in the United States for holding and administering church property, the one known as Parish Corporation is preferable to the others, but with the conditions and safeguards which are now in use in the State of New York. The Bishops therefore should immediately take steps to introduce this method for the handling of property in their dioceses, if the civil law allows it. If the civil law does not allow it, they should exert their influence with the civil authorities that it be made legal as soon as possible. Only in those places where the civil law does not recognize Parish Corporations, and until such recognition is allowed, the method commonly called Corporation sole is allowed, but with the understanding that in the administration of ecclesiastical property the Bishop is to act with the advice, and in more important matters with the consent, of those who have an interest in the premises and of the diocesan consultors, this being a conscientious obligation for the Bishop in person. (Quoted in New Commentary on the Code of Canon Law, 2000, New York, Paulist Press, page 1457.)

The New York model the Congregation favored is one where the state has written into law recognition of Roman Catholic parishes and the authority of the bishop over them. The law there allows for two lay trustees to be named to the corporate board, but those trustees serve at the pleasure of the bishop, thus avoiding the whole trusteeism question. But that is not the case in many states.

Making the changes

Unfortunately, not many bishops listened to that directive. It’s only been in recent years that some dioceses have been making the civil changes necessary to reflect canon law.

It is funny because, if this is accurate, many U.S. Bishops have been ignoring Vatican opinion on this issue since at least 1911.  This again goes to the point in my original posting, you reap what you sow. 

The article also discusses the St. Stanislaus situation in St. Louis as it is pertinent.  As my readers may know, I have commented heavily on this situation.