By Leonard Swidler
In the beginning of the fourth century, the Catholic Church underwent a momentous shift from an “illegitimate” oppressed group of scattered communities to a protected “legitimate” religion, and before the end of that century, as a result of the religious revolution that began in 313 under Constantine, it had become the all-powerful, only legitimate state religion of the Roman Empire.
In the beginning of the 21st century the Catholic Church is teetering on the edge of a similarly momentous shift. All the world today is either solidly on the path of democracy, or is striving to get on it. This is also true of the Catholic church, which moved from condemning democracy and freedom as madness (“deliramentum”) in the 19th century to affirming “reform, freedom, dialogue, collegiality” (Vatican II) in the 20th, and is moving toward democratization in the 21st. The current clergy sex scandals are in reality church governance scandals, and all signs point to more church closings, diocesan bankruptcies, confiscation of parish properties and destruction of communities by the time the full effect of the scandal has been felt. At the same time there is a corresponding lay resistance and growing revolt. And not just in America, but around the world.
In the wake of the scandal and more than $1 billion already paid out, many Catholics are asking themselves: Whatever happened to the Vatican II promise of a collegial church (in plain English, a democratic church)? The response rising up is: Leadership from above cannot be expected; Vatican II reform and renewal must come from below, from the laity, religious and priests.
Here is a 10-step program from below that aims at a parish constitution and the forming of a nonprofit organization, technically called a 501(c)(3). Both components are essential, the former to shape the governance of a mature Catholic community, and the latter to create a financial “field of force,” which will make the parish community -- laity, religious, clergy -- a mature self-governing community integrated into the diocese, national church and universal church.
Step 1: Prepare the minds of the laity to take responsibility
We must first recognize that this is a very uneven struggle against a structure that places almost all the power in one set of hands, the bishop’s. Hence, to begin this democratic church movement from below we need to have a pastor and some parish laity of a Vatican II mentality. Then “Father Goodpastor” and the lay leaders need to devise a program to raise the consciousness of the parish to realize that all the members must share the responsibility of making their parish a mature Catholic community. This might take anywhere from six days to six years, and could include many sermons, lecture series, gradual development of parish structures, and many other creative methods. The goal is to get, if not all, at least the great majority of the parish to follow the lead of the pope and all the bishops of the world in Vatican II (1962-65):
All [including the laity] are led to ... wherever necessary; undertake with vigor the task of renewal and reform. ... Catholics’ ... primary duty is to make a careful and honest appraisal of whatever needs to be renewed and done in the Catholic household itself. ... Christ summons the church, as it goes its pilgrim way, to that continual reformation [emphases added] of which it always has need (Vatican II, “Decree on Ecumenism”).
Step 2: Discuss and deliberate among all members of the parish
Although there obviously must be a smaller cadre of parishioners (pastor and laity) who take the lead, the whole of the parish must be seriously engaged in coming together to discuss, deliberate and ultimately decide what exactly a parish constitution is and what their own constitution should contain. (Guidance on how to go about this task, and an example of a parish constitution already in place, can be found at www.arcc-catholic-rig hts.net/resources.htm.) This must be the decision of fundamentally the whole parish community, for all will have to live by that decision.
Step 3: The word constitution
Some may shy away from the term constitution, thinking perhaps it is too profane, too secular. It need only be remembered that the highest authority in the structure of the Catholic church -- the pope and all the bishops gathered together in an ecumenical council -- used precisely that term for its most important documents: “Constitution on the Sacred Liturgy,” “Dogmatic Constitution on the Church,” “Dogmatic Constitution on Divine Revelation,” “Pastoral Constitution on the Church in the Modern World,” and that Pope Paul VI called for and set up a commission to develop a constitution for the church (Lex Fundamentalis Ecclesiae).
Step 4: What should and should not be in a constitution
It is important to bear in mind that a constitution is to outline the vital, the formative elements of the governance of a community, in this case, the parish. It needs to avoid details beyond the essential, and concentrate on the critical structures of governance. Only a brief prologue should refer to the underlying spirit of the constitution, being careful not to be too specific theologically, for every theology, no matter how brilliant, sensitive, and Gospel-centered, is only one way to articulate what it means to be a follower of Jesus. It must include a clear statement of the rights and responsibilities of all parties of the parish, including such principles as transparency, accountability, representation, due process of law, decision-making procedures, terms of office, and separation and balance of powers.
Above all, it is absolutely essential that the constitution be written. There is nothing like having to choose the words to write down -- especially words that you are going to have to live by -- to help clarify thinking. Further, when future disagreements arise, as they inevitably will, it is vital to have written documents to refer to. This will especially be the case when a new pastor arrives. Many Catholics have had wonderful parishes in the past so long as “Father Goodpastor” was the pastor, only to see it dismantled when he was replaced by “Monsignor O’Hooligan.” A written constitution may not be a sufficient cause of a continued Vatican II democratic parish, but it is a necessary cause of one.
Step 5: Liturgical installation
Once the long process of dialogue, deliberation and decision making results in a constitution, a further step is important. One of the strengths of Catholicism is the tradition of giving everything important and even things not so important a liturgy. A constitution that a parish is going to live by is an important sacred reality. It is a sacramental, and hence deserves a solemn liturgical ceremony.
The constitution ought to be printed and framed in a fittingly solemn manner. A liturgy with an appropriate set of prayers, music and gestures needs to be designed by the parish liturgy committee for the formal installation of the constitution. It is important that the pastor, the parish council, other officers of the parish, and as much of the entire parish as possible be present at the installation liturgy. For the initial installation of the constitution, it would be well to invite the bishop to be present as an observer. The pastor, parish council and other officers, as well as the rest of the parish members present, ought to make a solemn public pledge to follow the constitution.
An appropriate day should be chosen for the annual liturgical recommitment of all to follow the constitution -- perhaps the feast day of the parish’s name. Such a solemn liturgical installation, and its annual reconfirmation, will keep it present in all the parishioners’ consciousness, and go a long way toward ensuring the constitution’s continuing viability.
Step 6: Live by the constitution
It goes without saying that the parish must then live by its constitution. Much will be learned in living with the constitution, including the possibility that amendments will be found to be important, perhaps even essential. The discipline of so living will also gradually reshape and mature the thinking and action of all involved, clergy and laity, including future generations. If a parish has lived and grown with a constitution for five or 10 years or more, it will be difficult for a future “Monsignor O’Hooligan” to come in (or even to want to!) and dismantle it.
Step 7: Nonprofit ownership
In Spokane, Wash., the bankruptcy court has declared the parishes to be the property of the bishop, and therefore subject to the millions of dollars in claims levied against the bishop. While a settlement of sorts has been reached, the future of parishes has been placed with the court. The ownership structure of the American Catholic church may well be dramatically different in the future as a result of these judicial proceedings and claims against the church elsewhere.
Regardless of the outcome of current litigation around the country, it is vital that American Catholics learn both from our past history of parish ownership, also called, the trustee system. Patrick Carey, in People, Priests, and Prelates: Ecclesiastical Democracy and the Tensions of Trusteeism, wrote: “The trustee system was a legitimate outgrowth of prior European Catholic customs. ... Thus, the new circumstances forced them not so much to create a new sense of lay participation as to nourish and democratize traditions of lay involvement that were already rooted in their European Catholic experiences.” American Catholics can also learn a valuable lesson from the worldwide explosion of nongovernmental organizations.
Clearly, the ownership of properties and other assets is a major source of power. The adage “Follow the money” applies to the Catholic Church as much as to other institutions. Ideal parish ownership would be as it was at the start of U.S. history: ownership by the parish as a corporation.
That, however, would at present be difficult to bring about, for the bishop would simply forbid it. However, it would not be difficult for a parish to set up a nonprofit organization -- a 501(c)(3) -- especially for any new donations/expenditures. The nonprofit parish organization could be set up to sponsor social justice work, youth work, construct buildings, schools, buy a parish hall, send out relief workers, missionaries, students, pay salaries. All the assets of whatever form purchased through this nonprofit organization would belong to the nonprofit parish organization and be disposed of according to its founding document, which should be based on the parish constitution.
Who could object to the people of a parish forming a 501(c)(3) in order to undertake some new good work? Further, no permission is necessary. It would be vital, however, not to include the pastor in the nonprofit, so that he may not be threatened by the bishop. In addition, if parishioners have a secure say in the disposal of their goods, they, of course, will be much more inclined to donate to this 501(c)(3). More important, as the financial value of the nonprofit parish organization grows, it will automatically support the responsible functioning of the parish constitution. It will also begin to build a “field of force,” almost like a magnetic field, of decision-making power, thereby strengthening the democratic governance of the parish. For that reason, it is important that as much of the whole parish as possible be involved in the 501(c)(3) in a democratic manner, and be closely related to the parish constitution.
Step 8: Constitutional parish networking
A constitutional parish -- with a matching 501(c)(3) -- will necessarily be a flourishing parish for it will automatically draw on all the talents of all members. Just how much it flourishes will depend on a combination of the talents of the parishioners (including preeminently those of the pastor and lay leaders), the care with which the constitution has been planned and structured, and the wisdom with which the parish has grown in living it. Consequently, the constitutional parish will become a magnet for other parishes. However, the constitutional parish must, for its own survival, also become an evangelizing constitutional parish in the literal sense, that is, it needs to spread the “good news” of creating and living by a parish constitution with a parallel 501(c)(3) so that other parishes will go down the same path.
If a number of constitutional parishes develop in a diocese, it is critical that they learn from, and support, each other. They will need to form a network of constitutional parishes. As their numbers grow, the likelihood of any of them receiving a “Monsignor O’Hooligan” as pastor will proportionately shrink.
Step 9: Negotiate with bishop/personnel committee ahead of time
However, without waiting for a network of constitutional parishes to develop, the parish council (which includes the pastor) should in good time arrange to meet with the bishop and diocesan personnel committee to negotiate with them ahead of time a serious role for themselves in the choice of the successor of their pastor. They must insist on the retention of their governing constitution. Clearly they will want to do all this only after they have lived by their constitution for some time and built a solid reputation in the diocese. The substantial character of the nonprofit parish organization will obviously also have a significant influence here -- money talks.
Step 10: Publicize
We know from civil society that freedom of the press is critical to make democracy work. We Catholics also learned that lesson at Vatican Council II when freedom of the press was one of the main engines pulling the church out of its medieval and Counter Reformation mentality into modernity. Without it, Vatican II would have been as much of a disaster as Lateran Council V (1512-17), which ushered in the Protestant Reformation.
Conclusion
As in society in general, a governance structure will be what the governed allow. If most Catholics in an area believe that a shared responsibility governance structure, a democratic church, is not possible, it will not happen, regardless of what ecumenical councils or popes have said supporting such. The first, and perhaps most challenging, task is to convince large numbers of the Catholic community, in this case, the parish, that a democratic constitution for the parish is in keeping with the Gospel and Catholic tradition. Then the rest of the nine steps are obvious, though by no means easy.
The critical issue is whether or not a constitutional parish can survive beyond its “founding pastor.” As I noted at the beginning, canon law and the reality on the ground stack the chances against it. That is why Steps 5 through Step 10 are vital. They are not individual guarantees against the eventual destruction of a constitutional parish, but as they are carried out, they will proportionally improve the chances of survival.
Beyond a constitution for the parish, there is also the need for a diocesan constitution, and eventually a universal Catholic constitution, as Pope Paul VI called for and worked for. This journey to a diocesan and especially a universal constitution of the Catholic Church will doubtless be long, arduous, and probably also serpentine. But it is a journey that a growing number of Catholics feel must be undertaken. Those of us so convinced now have not only the privilege but also the responsibility to push on in the journey, even though we personally may not arrive at the destination. What is obtainable in the near future, however, at least for some fortunate ones of us living in parishes with a “Father Goodpastor,” are first, a parish constitution and equally important, a 501(c)(3) nonprofit organization.
Theologian Leonard Swidler is author of Toward a Catholic Constitution (Crossroad Books), and a founder of the Association for the Rights of Catholics in the Church.
