Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Saturday, March 12, 2011

"Lay People Have Rights"

Commenting on the often-heartbreaking challenge of parish closures, and on the relevant canon-law procedures, Paul Moses (at dotCommonweal) notes that "lay people have rights" when it comes to decisions about such closures.  Indeed.  At the same time, it should be remembered (and I don't take Paul to be suggesting otherwise) that those who care about religious freedom should not imagine that the canon-law "rights" of lay people should be litigated in civil courts.  As I wrote, a few years ago, in a USA Today op-ed on the subject ("Downsizing and the Catholic Church"), commenting on parish-closing litigation:

At first glance, lawsuits like this are understandable. On reflection, though, we should see that such moves are misguided. Litigation comes easy to Americans, and we are used to righting perceived wrongs through the courts. However, because of our constitutional commitment to religious freedom, some hard decisions are just none of judges' business. . . .

https://mirrorofjustice.blogs.com/mirrorofjustice/2011/03/lay-people-have-rights.html

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In canon law the bishop is the only person who can erect or suppress a parish. He must consult those whose rights are affected. Also for validity he must consult the presbyteral council. As long as he does what the law requires he will "win" 99% of the time. It is rare for the Holy See to overrule a bishop's decision. Civil courts have no jurisdiction in such internal Church matters.