Update: Bishop Cannot Intervene in Catholic School Expulsion of Pro-Life Student

Sacramento Catholic School Expels 15-year-old Student who Alerted Bishop to Abortion Activist Teacher Bishop's Hands are Tied

SACRAMENTO, November 2, 2005 (LifeSiteNews.com) - A 15-year-old girl at a Catholic school who was responsible for alerting her bishop to the presence of a pro-abortion activist teacher on staff at her school has been expelled from the school. Katelyn Sills, was expelled from Loretto High School in Sacramento last week, two weeks after the teacher, who was found to be an abortion clinic escort, was dismissed at the behest of the local Bishop William Weigand. (see LifeSiteNews.com coverage: http://www.lifesite.net/ldn/2005/nov/05110110.html )

Katelyn informed her mother after she recognized Marie Bain, one of the teachers at Loretto, as an escort at a Planned Parenthood abortuary where Katelyn and her family had regularly taken part in pro-life rallies. After unsuccessful attempts to quietly have the school address the situation of Mrs. Bain, Katelyn's mother Wynette Sills sent photos of Bain escorting women into the abortion center to Bishop Weigand.

LifeSiteNews.com contacted Edward Sills, Katelyn's father who noted that although the family is not yet ready to speak to the media, a press release and comments have been issued on Katelyn's website. On the website, http://standupandspeakout.blogspot.com/ , Katelyn reports that: "As of Saturday, October 29th, I was given official notice by express mail that I am expelled from Loretto High School. This was given completely without forewarning, without a meeting, and without a chance to say goodbye. My family is now seeking legal advice, and more details will follow." Prior to her expulsion, she reported that "Loretto's administration has banned my mother from campus since October 16th."

In a short interview with LifeSiteNews.com, Loretto President Sr. Helen Timothy said she could not comment on the matter but did say she would fax a press release from the school. That press release, dated, October 28 - a day before Katelyn said she received notice of her expulsion - says of the expulsion that it was a "last resort" and accused the Sills family of "an escalating series of public attacks made against Loretto". The release says that "these attacks have included taunts, threats and verbal abuse directed against members of our school community, as well as a mass e-mail campaign slandering the school's reputation as a Catholic institution."

In the press release on her website, Katelyn's family responds to the school release saying, "Coming in the middle of fall term, this dismissal is most unfair and undeserved. What is worse, however, is the administration's outrageous charges that our family has engaged in 'threats', 'abuse', and other 'malicious' behavior toward members of the Loretto community. These charges are categorically false and defamatory. In actual fact, our family has at all times acted respectfully in attempting to resolve a difficult situation for the good of all members of the Loretto community, continuously seeking reconciliation."

The diocese says it is unable to act on the matter of Katelyn's expulsion. Rev. Charles S. McDermott, S.T.D. Chancellor and Vicar Episcopal for Theological Affairs for the Diocese of Sacramento, explained to LifeSiteNews.com that the school is run by an order of nuns popularly known as the Loretto Sisters. Rev. McDermott described the order as "A religious institute in the church which is of pontifical right," explaining that "they are subject in their internal affairs directly to the Holy See and not to the local bishop."

In the matter of the pro-abortion teacher the bishop exercised special powers reserved to him in canon (church) law permitting him to intervene in cases of faith and morals, explained the diocesan Chancellor.

Rev. McDermott did however provide key information shedding light on the disagreement between the family and the school. He told LifeSiteNews.com that "The mother approached Loretto high school about it quite quietly, as far as I understand, and asked them to respond to the situation." The school failed to act, and the matter was "eventually" brought to the attention of Bishop Weigand.

Rev. McDermott notes that when the Bishop raised the issue with Sr. Timothy and Principal Sr. Barbara Nelson, they "did not agree entirely with our position." However, Rev. McDermott added that Sr. Timothy "quite correctly and honorably followed the bishop's suggestion and removed Mrs. Bain, the person in question, from employment."

The only means to address the grievance, says Rev. McDermott, is internally within the order of the Loretto Sisters, known formally as the Institute of the Blessed Virgin Mary (IBVM). Recourse to the Provincial Superior of the Loretto Sisters, who is in charge of the IBVM in the United States may be undertaken and beyond that to the General Superior of the order in Rome.

Sr. Helen Timothy President Loretto High School htimothy@loretto.net (916) 482-7793 ext. 104

From their web site:

A 17th century artist's depiction of Mary Ward, founder of the Institute of the Blessed Virgin Mary, with her early companions

The Institute of the Blessed Virgin Mary., The Institute of the Blessed Virgin Mary, often called "the Loretto Sisters" was founded by the Englishwoman Mary Ward in 1609. Her dream was to begin a new kind of community of women religious - an independent, self-governing congregation patterned after the model of the Society of Jesus, free of the confines of the cloisters, and responding to the urgent needs of her time."

The Institute of the Blessed Virgin Mary - Who we are

IBVM Loreto Sisters are women drawn to companionship in the service in the Gospel. Inspired by Mary Ward and the Ignatian spiritual tradition, we strive to support growth into freedom through spiritual ministries, education, and any other works which meet the needs of our times.

Time to send a memo to Benedict XVI

Every Catholic who is not a Bishop is under the authority of a Bishop, and if the Bishop is not the Pope, the Pope as well. The Pope, or those delegated by him, determines who is under what Bishop, normally by determining the boundaries of dioceses and by appointing the Bishop of the various dioceses.

Some groups of religious (nuns, monks and the like) are what are called exempt: the Pope has exempted them from the governance of the local Bishop. This exemption does not extend to actions that affect those outside of the exempt group. Some religious are not exempt.

The relevant doctrinal passage out of the Vatican II Document Lumen Gentium (known in English as the Dogmatic Constitution on the Church) reads as follows:
"With a view to providing better for the needs of the whole of the Lord's flock and for the sake of the general good, the Pope, as primate over the entire Church, can exempt any institute of Christian perfection and its individual members from the jurisdiction of local ordinaries [i.e. bishops of dioceses] and subject them to himself alone. Similarly they can be left or entrusted to the care of the appropriate patriarchal authorities. Members of these institutes, however, in fulfilling the duty towards the Church inherent in their particular form of life [e.g. teaching in the case of the Lorettos] must show respect and obedience towards bishops in accordance with canon law, both because these exercise pastoral authority in their individual churches and because this is necessary for unity and harmony in the carrying out of apostolic work." (LG 45--Flannery translation, 1988 edition)

The appropriate section of Canon law is canon 678, which reads as follows:
Section 1. Religious are subject to the authority of bishops, whom they are obliged to follow with devoted humility and respect, in those matters which involve the care of souls, the public exercise of divine worship and other works of the apostolate [e.g. running a high school in this case].
Section 2. In exercising an external apostolate [e.g. running a high school], religious are also subject to their own superiors and must remain faithful to the discipline of the institute which obligation bishops themselves should not fail to insist upon in cases which warrant it.
Section 3 In organizing the works of the apostolate of religious, it is necessary that diocesan bishops and religious superiors proceed after consultation with each other.

The situation is thus undoubtedly complex. The high school is an external apostolate, so, given section 1 of canon 678, it ought to be subject to the bishop--and thus the bishop could be justified in demanding the dismissal of the high school teacher. Identical justification could be used to intervene with regards to the expulsion.

The trick, in my estimation of Church politics, is in sections 2 and 3 of canon 678--if the provincial superior, who is outside of Sacramento, and thus outside of the Bishop's jurisdiction, has already implemented a discipline contrary to what the bishop would like to see done before the bishop intervenes, further action can take place only after the bishop and the superior come to agreement. Thus, the one who makes the first move wins until they decide to compromise until and unless Rome intervenes.

Frankly, from what I have experienced and heard of the Lorettos (my wife is an alumna of a Loretto High School), as they presently exist, the Church would be better off without them.

Traditionally, there are three ways of getting rid of exempt institutes.

One is to suppress them: the Templars (1303 or 1305--forget which) and the Jesuits (who were suppressed in 1773 and revived in the 19th century)being the most famous examples. This method is normally resorted to only in extreme circumstances, which, in the Church's perspective, translates into once every few centuries. Historically, the process is usually traumatic.

The second is to forbid them to receive new members. Franciscans are always fragmenting. Various Popes have attempted to bring more unity to the Franciscans by forbidding the reception of novices by any community of Franciscans unwilling to join with one of certain designated groups. This would be redundant in this particular case, because the IBVMs, at least on this continent undoubtedly have virtually no novices. One would merely be ticking off a bunch of battle-axes for no good reason.

The third is to let nature (or rather providence) take her course. The Lorettos, and a great many other orders, are presently Dead Men Walking. Forty years from now, their main presence in the Church will be found in Catholic cemeteries (maybe sooner depending on how quickly euthanasia catches on).

Her dream was to begin a new kind of community of women religious - an independent, self-governing congregation patterned after the model of the Society of Jesus, free of the confines of the cloisters, and responding to the urgent needs of her time."

Aaah, freedom, freedom from the 'confines' of the cloister, as though the cloister must be a negative.

Although Christians in India have been persecuted in recent years, Mother Teresa and her sisters responded to the urgent needs of their time without sacrificing Catholic beliefs or a rich and full prayer life that included Adoration and the Rosary. Perhaps Srs. Helen and Barbara could indeed take a lesson from the good example of Mother Teresa and the Missionaries of Charity.

The cloister and a full prayer life and Adoration do not have to be negatives.

This nun, Mother Angelica, and her sisters have done remarkable work, worldwide, in a relatively short time, without divorcing themselves from the 'confines' of the cloister or a rich prayerlife.

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