Bishops Confer at Collegeville

By Thomas J. Reese, S.J., senior fellow at the Woodstock Theological Center
America, July 16, 1988
Copyright © 1988 by America Press
All rights reserved

The best and the worst of the National Conference of Catholic Bishops (NCCB) were on display at Collegeville, MN, where the American bishops met to discuss a wide-range of topics, everything from Mother Angelica to condoms. The issues were complex and controversial with the bishops striving for consensus but not always attaining it.

Two topics about which there was little division among the bishops were retired religious and nuclear weapons. There are about 39,000 religious in the United States over age 70. The average cost of their care is $10,000 annually. Simple mathematics shows this adds up to almost $400 million in retirement costs per year. The total unfunded retirement liability for the religious communities is estimated at over $3 billion.

The bishops unanimously decided to help needy religious communities with their retirees. Determining need without complicated and intrusive regulations proved to be impossible. As a result, the bishops decided to give 90 percent of the money raised by a national collection to communities based on the number of elderly members. But a community with enough funds set aside for retirement would not receive any money.

The remaining 10 percent of the collection would be distributed in grants to communities in desperate need of funds for retired religious. The money will be distributed by a tri-conference commission with members from the NCCB, the Conference of Major Superiors of Men (CMSM) and the Leadership Conference of Women Religious (LCWR).

Also noncontroversial was the report from the bishops' ad hoc committee to study deterrence chaired by Cardinal Joseph Bernardin of Chicago. The report, which was approved by the full assembly, said, "We remain convinced that the policy of nuclear deterrence is not a stable long-term method of keeping the peace among sovereign states." But, "we are persuaded to renew the judgment of The Challenge of Peace: that nuclear deterrence merits only strictly conditioned acceptance."

The report spoke in a positive way of improvements in Soviet-American relations. But it also said, "it is our prudential judgment that proposals to press deployment of SDI do not measure up to the moral criteria outlined in this Report." SDI can "be maintained as a research and development program, within the restraints of the ABM Treaty...."

The committee accepted Cardinal John O'Connor's suggestion to delete language in the report labeling SDI as "morally deficient." In fact, this phrase which some bishops found confusing, had been suggested by a bishop not on the deterrence committee. The committee also accepted some additions proposed by Pax Christi bishops headed by Walter Sullivan of Richmond, but these bishops withdrew their alternative draft when it became clear it had no chance of passing. The Bernardin report passed with no audible dissent.

Nuclear warfare was simple and noncontroversial when compared to the bishops' debate over general absolution. According to the new code of canon law, each diocesan bishop determines whether or not the conditions necessary for general absolution exist in his diocese, but he is to determine this in light of the criteria set by his episcopal conference.

Canon 961 states that general absolution can be given "when in the light of the number of penitents a supply of confessors is not available properly to hear confessions of individuals within a suitable time so that the penitents are forced to be deprived of sacramental grace or holy communion for a long time through no fault of their own...." The NCCB Canonical Affairs Committee recommended that "a long time" be defined as 30 days.

In the emotional discussion some bishops blamed the decline in individual confessions on the use of general absolution. Others argued that general absolution is a useful pastoral tool for reconciling Catholics and brings people back to individual confession. Archbishop William D. Borders said that in Baltimore general absolution was properly given when 10 priests at a communal penance service would be confronted by 1,000 penitents. Archbishop William Levada of Portland disagreed saying that general absolution in such a situation was improper.

Cardinal O'Connor, who confessed to using general absolution on new recruits as a Navy chaplain, felt the setting of criteria would give more legitimacy to the proper use of general absolution. Bishop McManus reported that the Pope when asked what a long time meant, responded "I don't know." He noted that the code of canon law asked episcopal conferences to set an age for confirmation but that the NCCB had left this to the local bishop. He argued the same should be true on general absolution.

Some feared that the 30-day norm would mean no general absolution in any parish that had weekly confessions. Nor was it clear how the norm would be implemented on the local level. With a church full of people, does the priest ask those in serious sin who cannot get to confession for a month to stand so he can give general absolution only to them?

The debate on "a long time" went on for a long time with the resolution being supported by a 168-62 vote. Since the vote required 200 votes or two-thirds of the members, the absent members will be polled by mail. Archbishop John May of St. Louis, president of the conference, believes it will get the necessary number of votes for passage.

Another complex and controversial item on the agenda was the use of television by the conference. Many bishops feel they have poured millions of dollars into the Catholic Telecommunications Network (CTNA) and gotten little for their money. Cardinal Edmund C. Szoka of Detroit, a firm supported of CTNA, believes the bishops made a serious mistake in scrambling CTNA's signal so that cable systems could not use it without the approval of the local bishop. In addition, as a for-profit corporation, CTNA could not solicit tax deductible contributions. "Only the bishops could figure out how to lose money on religious broadcasting," commented one observer.

An ad hoc committee chaired by Archbishop J. Francis Stafford of Denver presented an 87-page assessment of CTNA to the bishops along with 39 recommendations. Most were accepted, but the bishops refused to increase the national share of the communications collection from 50 to 60 percent.

The bishops also considered a proposal to negotiate participation in VISN, the Vision Interfaith Cable Network. Many observers thought that the bishops would support continued negotiations with VISN, but many bishops thought they were being asked to buy a pig in a poke. VISN is a proposal in development not an existing network. Their experience with CTNA also made them fear that VISN would require a large financial commitment from the bishops.

Finally, the cable industry's support for VISN made bishops fear that VISN would become the token religious channel that cable companies would point to in denying access to local programing, CTNA, EWTN or other religious programing. Despite support for continued negotiations from CTNA, the USCC communications staff and the bishops' communication committee, the resolution was defeated 51 to 118.

The bishops did decide to collaborate with EWTN, the Eternal Word Television Network inspired and led by Mother Angelica. Mother offered the bishops a two-year contract providing free air time for conference programs.

Many bishops objected to a clause in the contract giving EWTN the right to refuse any conference program it does not approve of. Mother Angelica sees EWTN as a spiritual or devotional network and does not want programs on social justice pushed down the throats of her viewers. People at EWTN are also quick to question the orthodoxy of theologians they disagree with. Archbishop Daniel W. Kucera of Dubuque noted that EWTN does not trust the bishops' conference. He also accused EWTN commentators of doing a hatchet job on the bishops during coverage of conference meetings.

EWTN reluctantly agreed to an appeals board of five bishops (a majority of them chosen by the NCCB president) to review any conference programs rejected by EWTN. Also added was a guarantee of three one-half hours per week of prime time. In choosing EWTN over VISN, the bishops preferred a clear contract over a poorly worded resolution, they chose strict orthodoxy over interfaith cooperation and they climbed aboard the network that promised them a free ride. When the contract will be signed is unclear. Despite the 122 to 93 vote, Archbishop May and other bishops indicated there were some issues still to be negotiated, such as a clause forbidding the conference from dealing with any other national cable network.

The most controversial item on the agenda, the statement on AIDS by the USCC administrative board, was discussed in closed session. The statement had been publicly attacked by Cardinals O'Connor, Bernard Law and other bishops. The focus of the attack was a section on public education programs and condoms.

The administrative board recognized that everyone would not accept their teaching on abstaining from sexual activity outside of marriage. They therefore said, educational efforts, if grounded in their broader moral vision, could include accurate information about prophylactic devices. "Such a factual presentation should indicate that abstinence outside of marriage and fidelity within marriage as well as the avoidance of intravenous drug abuse are the only morally correct and medically sure ways to prevent the spread of AIDS. So-called safe sex practices are at best on partially effective."

Although most moral theologians find this position clearly within the bounds of traditional moral teaching on counseling the lesser evil (see America 2/13/88), many bishops continued to have troubles with it. Some press reports erroneously described it as a change in the church's teaching on birth control.

On arriving at Collegeville, the bishops received a letter from Cardinal Joseph Ratzinger, prefect of the Congregation for Doctrine of the Faith, expressing concern about the disunity of the bishops on this issue which was generating confusion among the faithful. He wanted the bishops to give a clear and public demonstration of unity "so necessary among the bishops in the teaching of Christian moral doctrine." He criticized the bishops for publishing a document that generated world-wide reaction without consulting in advance the Holy See.

On the substance of the statement, the cardinal took the side of its critics. He said, the classical principle of tolerance of the lesser evil was not pertinent to the issue. "One would not be dealing simply with a form of passive toleration but rather with a kind of behavior which would result in at least the facilitation of evil." Defenders of the statement felt that the cardinal did not understand their letter, but this in itself is an argument for more dialogue. Archbishop May admits that if he had it to do over again, he would send the statement to the full assembly.

The bishops came prepared for a very divisive fight over the statement. But by proposing a compromise, Cardinal Bernardin magically transformed a classroom brawl into a boys' choir singing in unison. The essence of the compromise was that the administrative board's statement stands unchanged, but the full assembly of bishops will write a new AIDS statement of its own.

Once this proposal was seconded by Cardinal Law, bishops could be seen scratching out large sections of their prepared speeches. Little time was actually given to discussing condoms and the principle of the lesser evil. Rather, the bishops voiced concern about their divisions. In an emotional speech that was well received by the bishops, Cardinal O'Connor apologized for any harm he might have done to the conference by his actions. Most bishops agreed that the discussions were a healing experience, but it remains to be seen whether divisions will again appear over drafting the new statement.

The bishops also discussed in small groups "Partners in Ministry," the pastoral letter on women's issues. Reports from small groups indicated wide support for the letter although some bishops wanted more on motherhood and a stronger defense of the church's teaching of birth control and a male priesthood. Some bishops also felt there was too much "priest bashing" in the sections apologizing for the past treatment of women in the church.

Cardinal Ratzinger's letter on AIDS leads one to speculate what will be his response to the women's pastoral. He too will probably complain that more space should be given to defending church teaching and less to airing the views of alienated women. Nor is it likely he will look favorably on altar girls, women lectors and a call for a study of the possibility of women deacons.

The intervention of Cardinal Ratzinger in conference proceedings brings to fore the central issue of the teaching authority of episcopal conferences. The bishops had small group discussions on the Vatican working paper, "The Theological and Juridical Status of Episcopal Conferences" (see America 3/19/88). Many bishops believe that the Vatican document needs major revision. Some went so far as to say such a poorly written document would never be allowed out of their chanceries. A response to the Vatican paper will be prepared and presented to the bishops next November by an ad hoc committee of former NCCB presidents.

Some of the "dangers" touched on in the Vatican document were evident during the meeting. For example, the decision on VISN was made with only about half the bishops present and voting. Only two-thirds of the bishops were present for the EWTN vote which passed by only 29 votes. This is clearly not decision making by consensus asked for in the Vatican document.

The debates also touched on the proper role of episcopal conferences. As a hierarchical institution, there will probably always be debates over which issues should be decided at what level in the church. But it is simplistic to portray the bishops as divided between those supporting a strong conference and those wanting to weaken it. Bishops switched sides depending on the issue.

For example, those who wanted the conference to establish criteria on general absolution were often the same bishops attacking the administrative board for establishing criteria on AIDS education. Many who said that a conference policy on general absolution interfered with their discretion as diocesan bishops also said that the AIDS statement had helped them in their dioceses.

Nor is the argument simply between those for Rome and those for the conference. The Pope himself in response to a question on AIDS said that "I am the successor of Peter. I am not a dictator." On the other hand, issues that have world-wide impact need to be dealt with in consultation with the Holy See and other episcopal conferences. At the same time, the conference cannot simply be a echo chamber or rubber stamp for the Vatican.

Cardinal Ratzinger is not pope, he is not the president of the NCCB nor should his approval be required for every conference statement. To make him the ultimate censor of conference documents reduces the bishops to school children whose papers must be corrected by the teacher before they are published.

The NCCB was at its best in daring to grapple with difficult topics and in its willingness to back away from divisive quarrels that produce more heat than light. But if the bishops are going to make decisions about complex topics, they must first educate themselves on the issues. For example, the confusion over the principle of the lesser evil was as much due to ignorance as to disagreement. Speed reading a foot high pile of agenda material and listening to the debates is not enough.

In addition, the church still has not found a way of publicly discussing controversial issues. Some confusion, misunderstandings and even disagreements are inevitable when the church deals with complex and evolving issues. Rome is terrified of public disagreement among bishops. It is even more upset by bishops or theologians questioning Vatican policy.

Fear of confusing the faithful, when in fact it is sometimes church officials who are confused, is an excuse for limiting public debate. A careful reading of the Acts of the Apostles shows that disagreements and arguments between Peter and Paul were in fact healthy for the early church. Peter and Paul compromised at the council of Jerusalem and preserved church unity. Joseph and Bernard did the same at Collegeville.

See also