So, in the 1960s, the founding Religious communities formally transferred ownership of, and rights to control, many of these famous universities to non-Church corporations which impaneled boards, overwhelmingly peopled not by Religious but by others, not reporting to the Church, to run the schools. >>>
I think i’ve read this on another thread and correct me if I’m wrong, wasn’t this a violation of Canon Law?
Just a guess, but as the universities were/are not diocesan property, probably not.
If Notre Dame is not totally controlled by the Holy Cross brothers, then I think the local bishop could prohibit Mass from being said if the church (such as the main basilica on campus) is not owned by the Holy Cross brothers or used as the main chapel for the Brothers themselves.
The issue is whether that would be more benficial than harmful.
I don't see how it would be, because these colleges were not begun by, or under the authority of the local Bishop. If a religious order started the college, they alone are responsible, though their order is under the authority of the Pope. I don't think the Pope has any say over whether or not they can change the 'ownership' of the institution. Many formerly religious institutions have gone secular, Harvard, Princeton, Boston College ;o), to name a few.
Apparently, Fr. Jenkins is just one of six members of his order to sit on the governing board of the school, and there are six laypeople. I think it was this board that decided on That One, and issued the invitation to him.
I think that those who object to That One being honored, and would be graduating, should have their own ceremony, and the Bishop, who has refused to attend the Commencement because of That One, could offer Mass and announce the names of those graduating, who are attending the pro-life gathering.