Precept, Rights and Ecclesial Governance: A Moral-Theological Analysis of the Catholic Sexual Abuse Crisis in the U.S.

An analysis of US Catholic bishops' responses to ongoing developments in the sexual abuse crisis from 2002-2007 reveals a narrow institutional definition of the problem as a violation of determinate laws governing priestly celibacy. Perceiving sexual abuse as a breach of the Sixth Commandment codified as Canon Law overlooks other salient moral concerns such as culpably-cooperating church leaders, uncritical cultures of clericalism, governance structures closed to accountability, and abuses of human rights. However, reappropriating the Sixth Commandment by means of a Thomistic interpretation of the natural law addresses the crisis from within the Christian moral tradition, because it enables meaningful and legitimate analogical application from the foundational principle into broad areas of human interrelationships in the church (including governing relationships between clergy and the community). With this moral method, the Sixth shows greater theoretical cast and practical application in the sexual abuse crisis because its scope is not restricted to vow-violation. The crisis can be redefined as the failure of the entire Catholic community to observe the wisdom of this fundamental moral concept. The Sixth Commandment demands well-functioning communal sexual boundaries, which in turn require protection of the community's members, a key task of church governing authority. In performing this task, church governance must pass the test of plausibility in practical application and of consistency with Catholic moral principles and doctrinal commitment in order to be effective and authentic. As a community of human disciples, the church like all societies requires preemptive authority in governance in order to protect its members; as a relationship with the governed, church authority relies upon their assent and consent contributing in real (if limited) ways to ongoing communal discernment of the direction of governance in the church, including just demands for accountability. Claims of human rights by the victim-survivors themselves hold their own unique moral and juridical authority to block status quo practices of governance (such as secrecy and material cooperation), and place duties upon 'pastors and the other faithful' to find restoration in justice and peaceful and fruitful interaction for the sake of mission.