The Legion, Regnum Christi, canon law and pastoral advice

[UPDATE: I have updated part 6 below for a second time. My initial understanding of the time-frame for RC promises now appears to have been incorrect. There may also be other updates as I am now receiving more information from LC sources. – Pete]
With the Holy See having announced an apostolic visitation of the Legion of Christ, a modest discussion is taking place in the canon law world over a number of canonical and pastoral issues relating to the Legion and its lay affiliate Regnum Christi (LC/RC). I’ve formed my own reflections, some of which I share below.
Before I begin, there are three things I feel the LC must do to restore credibility and regain the trust of orthodox Catholics outside the movement (and many on the inside) who are both angered and hurt by this crisis. That is, besides accept and implement what reforms the apostolic visitors may reccomend.
The first is a clear and sincere apology to Fr. Maciel’s alleged victims. The second is to speak the truth plainly about the current situation. And the third is to stop playing hardball with its critics.
In the recent past the LC/RC has sued ReGAIN, as well as that involving the Sellors, who founded the Familia programme before falling out with RC (click here). Now there are reports, from the same sources that helped convince the CDF to reopen the investigation against Fr. Maciel that led to his 2006 invitation to retire, of a Legion priest mentioning a lawsuit against a parent of a Legion seminarian who showed up at a Legion apostolate and persuaded his son to come home with him.
While I haven’t heard the Legion’s side of the story – I’ve been unable to get a contact number for Legion spokesman Jim Fair [Update: a reader emailed me his number late Monday evening] – my communication with sources close to the family tell me the son came voluntarily, albeit somewhat grudgingly. So I haven’t seen any evidence of kidnapping.
You can read more about the incident here. If one believes the father acted criminally, then call the police and press criminal charges. Otherwise, if what was allegedly said by the LC priest is true, then parents may think twice before allowing their sons to go off to Legion seminaries in the future.
Besides, with the Legion currently asking everyone’s patience and understanding, the alleged content of the priest’s phone call reminds me an awful lot of what Christ warned against in Matthew 18:28-34. Specifically, “I forgave you your entire debt because you begged me to. Should you not have had pity on your fellow servant, as I had pity on you?”
On to my other points:
1 – How does a diocese find out what LC/RC apostolates are taking place within their diocesan boundaries?
I’m far from being an expert on this point, but my understanding is that many RC apostolates in North America are incorporated under the Mission Network. A list of their apostolates can be found by clicking here.
Personally, I see a lot of good ideas there being implemented by a lot of good laity who are simply trying to carry out lay apostolate in fidelity to the Church. No matter what happens, I hope the RC can be salvaged, especially since most RC with whom I have corresponded are very open to reform. What I think would be helpful is if bishops and pastors provided stronger oversight over RC, or at least closer collaboration. In fact, this crisis has really taught me to respect the role of the diocesan bishop in the life of Church ministry, as both a successor to the Apostles and as the legitimate hierarchical authority within his diocese.
2 – Additionally, Archbishop O’Brien in Baltimore has been a model for demanding transparency from the LC/RC in the Archdiocese of Baltimore. He has also prohibited LC/RC from giving spiritual direction to minors in the Archdiocese. I believe this to be a wise and prudent decision on his part, and think that other dioceses should take a good look at the Archbishop’s reasons for doing so.
3 – Along the same lines (and this comes more from being a pro-family journalist than a canon lawyer) the LC operates minor seminary-type boarding schools for boys as young as twelve. Some of my friends attended these schools during their teens. I hardly saw my them after they went off to these schools.
Several parents have told me the boys are limited to approximately two weeks during the summer, and a short Christmas and Easter break. The rest of the time is spent at the minor seminary, where contact with parents is extremely limited, and reportedly monitored.
I really question how healthy it is in today’s society and culture to separate young people from their families, especially in light of Pope John Paul the Great’s Familiaris Consortio. I know many older churchmen who I admire, including the current pope, attended minor seminaries of youth. But today is a different age. And besides, as far as we know, Our Lord received his religious education from the Blessed Mother and St. Joseph.
In today’s society, where our greatest ministerial need is to the family and family structure. So shouldn’t we be encouraging as much formation in the family as possible?
As a pro-family journalist, God has blessed me with the opportunity to interview many great bishops, priests and religious about their vocation. With one exception, all have stressed how essential their family was to fostering their vocation, as well as how their experience with family life while growing up greatly aided them in pastoral ministry within today’s context.
Additionally, this raises another pastoral concern that I keep hearing about from many RC parents. They discern the need to take some time away from the movement while the Holy See sorts things out, but are not sure how to pull their sons (who they seldom see anymore) from the Legion’s minor seminary-type schools. This further complicates the pastoral process of spiritual healing, in my opinion.
4 – There has been a lot of speculation and debate – among canonists, pastors and laypeople – about the content of LC/RC constitutions. I cannot comment authoritatively because I have been unable to obtain a copy from LC/RC sources, despite multiple requests in the past. However, the following on wiki-leaks purports to be sections of their contents.
To the best of my recollection they match those that were previously available from the ReGAIN Network (a loose association of concerned former LC/RC members) prior to the 2007 or 2008 legal settlement that forced ReGAIN to remove LC constitutions from their website. (ReGAIN ran out of money and could no longer afford the legal fees).
As an interesting side note, my understanding is that the LC did not contest their content, but rather the Legion reportedly argued theft of intellectual property. (See WaPo write-up here).
5 – As far as leaving Regnum Christi, I understand that RC members make private promises (or vows, depending upon who you talk to in the movement) when they join. These can be dispensed by the local ordinary (diocesan Bishop, vicar general, or episcopal vicar) in accordance with canon 1196. The process in most dioceses is pretty simple. Simply approach your parish priest or bishop, explain the situation, and request a dispensation from the promises or vows. Many bishops and priests are concerned with what’s happening, and will gladly assist you. It’s a pretty simple process in most dioceses.
A – For purely pastoral reasons, I suggest you meet with your pastor (or if possible the local ordinary) after the dispensation is granted, should you decide God is calling you to pursue one. I feel that pastoral followup is important because several former LC allege (and have told me, both publicly and personally) that the expression “Lost vocation, sure damnation” was repeated to them in the past.
Many who leave the movement purport to continue struggling with this thought after their departure, some for years. I’m not sure how credible this claim is – except to say the individuals who told me this also proved credible in other allegations they made against the Legion – nor am I sure whether it carried over to the RC. However, if this was shared with you or you personally struggle with this issue, bring it to your pastor or local Ordinary.
B – Whether one discerns God is calling him/her to stay and reform the movement from within, or to leave, I have strongly suggested to every RC member seeking my advice that he or she write the diocesan bishop, expressing both the positives and negatives. This goes back to what I believe to be one of the fundamental problems of the movement, namely, that in many dioceses the LC/RC appear to have limited contact with diocesan authorities.
6 – Along these lines I hope the Apostolic Visitors won’t be limited to the LC, but that they will also be given the mandate to visit and make recommendations about the LC. My biggest concern is the apparent lack of stability of Third Degree members. If I understand correctly, they make a commitment to the movement that are renewable every two years. (Again, making their constitutions available would help clarify discrepancies that have arisen over this point.) This strikes me as the ecclesiastical equivalent of living together without the benefit of marriage (minus the sin of fornication, of course!).
[Update 2: I have deleted a section here that noted contradictory claims over whether the commitment to RC Third Degree was one or two years, vows or promises, after coming across the following article on the RC website. As of April 7, 2009 at 1:20 p.m. Eastern, it appears to be promises renewable every two years. That being said, the problem here, in my opinion, is not whether they are vows or promises, for one year or two, but whether RC Third Degree receive adequate health care coverage and other benefits while dedicating themselves to full-time RC apostolate.]
With all the caveats that come when one hears from former members who don’t recall the most positive of experiences, several former Third Degree RC members allege that they were without health insurance and other basic benefits during their time as Third Degree, having been told to trust God. Some also claim to have been suddenly sent home when they developed medical issues.
Again, I haven’t heard the LC/RC side of the story, but there are enough former members making this claim publicly that it’s being added to the allegations swirling about the Legion. Thus bishops and parents of potential Third Degree members may want to ask questions, and the RC may want to take a proactive approach, to ensure that the LC/RC is meeting the Church’s social justice obligations.
7 – I have heard similar complaints (again without getting the LC/RC side of the story) from former LC about LC seminarians, also called brothers. Additionally, I have heard – both from LC and former LC sources – that their seminarians are not given a specific time frame for ordination, but that it just kinda happens when the LC feel a brother is ready. If true, I am reminded of Fr. Frank Morrisey’s classes on religious law. Fr. Morrisey is one of the Church’s foremost experts in this area and he always stressed the importance of having a specific time-frame (albeit with some flexibility) toward ordination or permanent incorporation into an institute of consecrated life. This is another area that I hope the apostolic visitors will look at.
8 – For some reason, more than any other institute, comparisons to Jesuits or Opus Dei keep popping up when discussing the LC/RC. Other people who interact with the movement report the same phenomena.
With apologies to Jesuit and Opus Dei readers, I tend to hear variations of: “I thought RC was just like Opus Dei, but more active and connected to a priestly apostolate,” or “I thought the Legion was the new Jesuits, practicing obedience the way the Jesuits use to.”
On the surface, there appears to be some similarities. This in itself is not problematical in that an institute’s charism belongs to the Church, and so institutes throughout the Church’s history have borrowed from institutes that came before. Thus as a Catholic journalist much wiser than me noted, the problem does not appear to be what LC/RC borrowed from the Jesuits and Opus Dei, but rather what they may have forgotten to borrow.
With regards to the Opus Dei comparison, I believe the spiritualities are quite different. For RC members who are curious why, I recommend reading St. Josemarie Escriva’s The Way and/or Frances Fernadez’s In Conversations with God to gain a better understanding in Opus Dei spirituality. I assume RC individuals raising these questions are already familiar with RC spirituality.
As far as the Jesuit comparison, Nathan O’Halloran, a Jesuit scholastic and Franciscan University of Steubenville alumni, who prior to entering the Jesuits was encouraged to consider the Legion as an alternative, has blogged an excellent reflection. In it he contrasts the Jesuit understanding of obedience with what he believes to be the Legion practice of obedience. Although I found a few of his comments to be a tad polemical, he offers some excellent insights on how Jesuit obedience is sensitive to a person’s conscience when asking for religious obedience. You can read the article here.
9 – All of us, both inside and outside the RC/LC, need to take refuge in St. Joseph, patriarch and protector of the universal Church.

The Caritas debacle, part 2

To pick up where I left off a few days ago: Cardinal O’Malley is having the National Catholic Bioethics Center review a deal that the Catholic hospital system Caritas Christi has made with the state government here in Massachusetts.
On the face of it, the plan is a scandal. Still, I’m hoping the immoral aspects of the deal can be corrected, so that for the sake of everyone involved, Caritas could participate in the state program on a legitimate basis.
I’m figuring that the moral problems with the situation are in these areas:
(1) Did Caritas solicit Centene (the company joining them in the project) to set up an abortion-providing insurance plan? If so, that appears to be plainly wrong. Would it be a personal fault by Caritas officials or would it vitiate the plan totally, so that it would remain morally tainted even if other aspects are “corrected”?
(2) Caritas is willingly a part-owner of the new CFHP (joint venture with Centene’s subsidiary Celtic Insurance), which will administer the plan and provide abortion coverage as the state contract requires. I doubt that this ownership can be justified under any circumstances. Can Caritas “correct” this aspect by divesting itself of its share in CFHP?
(3) Caritas is, according to its statements in the press, already complying with state rules in a related matter: they give out “Department of Public Health information” on “emergency contraception” to rape victims, as required by law. Does that distinction reflect a difference that makes it morally tolerable?
(4) Can Caritas hospitals and physicians, as a subcontractor to CFHP, comply with the state-imposed contractual requirement to give abortion info? Do their contracts with other insurance companies have the same requirement? Are the hospitals already complying? Can the compliance be fulfilled in some minimalistic way that doesn’t violate moral norms? If all the insurance contracts require it, and there is no morally licit way to fulfill the requirement, then I don’t see how Caritas can continue to operate.
[Note: I know this is a hot-button topic, so commenters should be on notice. Comments that in my opinion cross the line will be removed. –RC]

The Caritas debacle, part 1

Lately here in Boston we’ve had an uproar over the Catholic hospital system Caritas Christi. It’s trying to set up an organization to provide health care for low-income people on the state’s subsidized insurance plan, Commonwealth Care. At present, there are four relatively small HMOs offering services for Commonwealth Care subscribers, and Caritas’ would be a fifth.
There’s a serious ethical problem involved, though, because the state requires all the insurance companies administering the Commonwealth Care program to include abortion and contraception coverage.
Understandably pro-life Catholics are — shall we say — concerned and want to make sure that Caritas doesn’t compromise on medical ethics, or come under state pressure to cooperate with abortions: for example, by referring patients to abortion providers, since it was plain that Caritas would not do them itself.
Caritas teamed up with a for-profit health company called Centene and is forming a joint venture company for the project. When the plan was briefed to state regulators, though, the Centene rep told them that yes, abortions would be provided. The plan would even provide transportation.
Did Caritas think that this would absolve it of responsibility? The arrangement — at least as it has been reported in the press and in the state government website — would seem to make Caritas part-owner of a company that provides abortion coverage.
To put it mildly, this didn’t give lay pro-lifers much confidence in the ethical competence of the decision makers here in Boston.
It’s especially shocking, since the board of directors of Caritas includes several appointees from the Archdiocese, and the priest J. Bryan Hehir, known formerly as a prominent USCC foreign-policy official in the 1980s, is the Archdiocesan liaison to Caritas Christi. Did these worthies know and approve of this disturbing arrangement? Maybe some knew, but apparently some important people didn’t know: CWNews.com cited an “informed source” that claimed that the whole deal was a surprise to Cardinal O’Malley.
Well, thanks be to God, good pro-life folks sounded off at the Mass. Citizens for Life and the Mass. Catholic League; and Cardinal O’Malley stepped up to say that the Archdiocese was going to exercise its right to supervise medical ethics issues for Caritas and would veto the deal if it doesn’t stay within ethical limits. To assist in making his decision, he’d get the proposal reviewed by the National Catholic Bioethics Center, an organization well trusted among pro-lifers for its strong commitment to Catholic medical ethics.
On Thursday, the state, for their part, approved the deal, and the Cardinal reiterated that unless and until he approved it, it would not go into effect.
And I figured that’s about the best one can expect.
But that hasn’t been enough for everybody. Some grossly exaggerated rumors have been flying about this case: that within weeks hospital employees would soon be pressured into cooperating with abortions; that the Archdiocese was selling out the Catholic hospital system; that the Cardinal wasn’t pro-life even!
Oh, man! More later….

Qualifications for a Bishop

Scranton’s bishop Joseph Martino has been doing a great job lately of communicating the Catholic faith in public in spite of opposition, instructing Catholic institutions and public officials, and through them, the faithful at large. He’s shown a commitment to prevent Church events from being used to honor reprehensible politicians. He’s reminded a Catholic college to show its commitment to Catholic moral teaching and distance itself from any endorsement of immorality. He’s taught politicians publicly about such as the injustice of government tolerance for abortion, let alone subsidy of it, and
When I read the Bishop’s letter to the misguided Senator Bob Casey Jr., whose voting record is not worthy of the Casey name, I noticed that Bp. Martino is the holder of an earned doctorate in Church history. Now that’s not a common accomplishment among bishops. The most prominent bishop I know of with a similar background is the estimable George Cardinal Pell, the Archbishop of Sydney, who made his studies at Oxford.
We certainly need more such bishops like these: able to stand against the fashions of the moment and teach Christian doctrine. Perhaps we can start looking for bishops among other priests with a background in Church history, and with reason: men with enough interest in Church history to study it in depth are likely to have particular qualities of temperament that the Church needs, such as an admiration for sacred tradition. That is an important quality in this time, when Pope Benedict wants to promote a correct understanding of the Second Vatican Council as a development in continuity with the preceding 1962 years of Church life, and not a breach from it.
Furthermore, bishops with a knowledge of past relations between society, the state, and the teaching Church can have a realistic understanding about what is possible and what is not: that pleasing everyone and leaving problems unattended is not the pathway to peace.

The Legion and Charism – another response to Ed Peters

Ed Peters has put together another response to the Legionaries of Christ / Regnum Christi (LC/RC) crisis, which is well worth reading. You can check it out here. Since I’m likely to be asked for a response, here’s a line-by-line:

I think that Fr. Alvaro Corcuera’s apparent claim that he knows nothing about Maciel’s behavior, except that Maciel sired a daughter, is utterly unbelievable. I have nothing else to say about this kind of stone-walling. I will simply re-endorse Dr. Germain Grisez’s and Mr. George Weigel’s proposals for direct intervention by the Holy See.


Out of Christian charity I will assume Fr. Alvaro is telling the truth. The Holy See should intervene anyway. Directly.
The situation is so muddled that I cannot see how the LC/RC can fix it without outside help and expertise. Of course I’m just one canonist out of thousands in the Church. But given how the LC/RC have maintained Fr. Maciel’s innocence for years, the severity of the allegations against him – both proven and unproven, and other structural problems within the movement, how the initial response has been bungled, it will be difficult for the LC/RC to regain the trust of orthodox Catholics without assurances that Rome has performed a thorough housecleaning of the movement.
Apologists for the LC/RC are already stating that Fr. Alvaro and the LC/RC are following Rome’s instructions. And Rome has stated it has no immediate plans to step in, but would do so if requested by the Legion. So it might be best is the Legion simply go through the official step of asking Rome to step in directly.
Moving on Peters’s rebuttal of the “reform-from-within” assertion and the “carry-on-the-charism” assertion:

Assertion 1. Because the Legion and Regnum Christi have within their ranks many obviously good and faithful Catholics, they should be allowed to try a reform from within. Response: the presence of good and faithful Catholics within an organization, particularly when the organization (in terms of Church history, if nothing else) is so young, says almost nothing about whether the organization itself is sound and/or salvageable.


Here is where I think Peters needs to make a distinction. Those making the “reform from within” suggestion (like myself) are not a unified camp. Some maintain the LC/RC should be permitted to reform from within, without any direct outside intervention. Very unlikely to work, as proven by the fact Fr. Maciel got away with his misdeeds for so long. And even if it were possible, there’s still the problem of restoring the RC/LC’s credibility.
Like Peters, I believe the LC/RC’s current structure is deeply flawed, and have for some time, according to criteria developed with Fr. Frank Morrisey – one of the Church’s foremost canonical experts on religious law and structures of institutes of consecrated life – and cult expert Michael Langone. You can read a summary of the criteria here. (Please note: I am not claiming that all of these criteria apply to the LC/RC, but those that do need to be rooted out if the LC/RC is to reform.)
Having said that, given that the majority of LC/RC members are orthodox Catholics faithful to Rome, I believe a “reform from within” is possible if the Holy See intervenes directly and appoints someone credible from outside the LC/RC to do a thorough investigation of LC/RC practices, and oversee their reform. It needs to be someone known for prayer and orthodoxy, experienced in religious life, and highly respected within the Church. For example, Cardinal Francis George from Chicago or Archbishop Seán O’Malley from Boston. Of course this assumes LC/RC members cooperate – not only in letter, but in spirit – with the reform.
Such a reform must begin with a sincere apology to Fr. Maciel’s victims, followed by restitution. Also, no more excuses suggesting Fr. Maciel’s innocence, or trying to dampen the severity of his sins. Of course the structural weaknesses that allowed Fr. Maciel to get away with his double-life for so long must also be fixed. Good faith only gets one so far. Peters identifies the question many canonists are asking, namely whether there are structural problems to the Legion, expressing them as only he can, when he states in response to the second assertion:

There is, I think, at least as much reason to wonder whether Maciel set up an institute in order to assure himself of ample access to sexual targets and unaccountable funds, or whether he suffered from some warped psycho-emotional condition that enabled him to compartmentalize pious devotional practices and sexual predation for decades on end…


Here is where I take a somewhat harder line than Peters. I don’t wonder. In fact, I’m pretty sure Fr. Maciel set up the LC/RC to, as I put it in the following interview, acquire, maintain and protect his access to victims.
I won’t comment on funds, except to say well-placed sources within and outside the LC/RC told me that Fr. Maciel was frequently given thousands of dollars in cash without any questions being asked. I haven’t looked into the issue deeply enough to give it much thought; it’s entirely possible the financial irregularities came after, as a by-product of the sexual irregularities. Of course, none of the above excludes the possibility Fr. Maciel also had a serious psychological condition.
But I’ve skipped ahead a bit. Here’s how Peters begins his response to the second assertion:

Assertion 2. Maciel’s canonical crime spree was a grave personal failing, but it does not negate the L/RC ‘charism’, and they should be allowed to continue their work. Response: This argument misses the key question, namely, whether in fact Maciel ever bequeathed an authentic charism to the L/RC…


This, then, is what separates our positions at the moment. If one believes the LC/RC lack a true charism, then Peters is right in suggesting Rome may have to shut down the movement completely and reconstitute it. (Without a true charism, there is nothing to reform.)
On the other hand, if one believes the LC/RC possess a true charism from Christ, but that it has become seriously clouded by Fr. Maciel’s sexual vice, then it may still be possible to rescue the charism. Of course it will still require delicate surgery on Rome’s part. It’s possible the movement is so far gone that the necessary reform is no longer possible. The LC/RC will have to show they are capable of true reform.
Peters then says (skipping over the part I had quoted earlier, out-of-sequence):

I do not know whether the L/RC can (following a complete leadership replacement!) reform itself from within, although I am almost certain that they cannot;


A complete leadership change may be the only thing that can save the LC/RC at this point. Certainly this is how I feel, humanly speaking, although the Holy Spirit could intervene in a way that canonists haven’t imagined. But, assuming most of the current leadership was honestly in dark about Fr. Maciel’s double-life, this speaks to a weakness in LC/RC formation that so many clergy suspected so little for so long. This is not to say they were bad people or terrible priests – only that they appear to lack a certain skill-set needed to exercise prudent governance over a large religious institute.
This is not uncommon among young institutes of consecrated life where one is dealing with leadership known for its holiness (let alone living a double-life). I’ve experienced this at least twice in my career as a canon lawyer. A young institute and its young superior come up with some grandiose ideas, or overlook the obvious. An older priest, with several years of priestly experience before joining the institute, jumps in points out what’s being overlooked, or otherwise brings some common sense to the discussion. Older priests can help guide a young superior of a young institute through sensitive pastoral issues, temper and focus the zeal of younger newly-ordained priests, and put bishops as ease knowing there is someone with experience keeping an eye on the new institute.
The problem with the current LC/RC superiors is that none of them kept an eye on Fr. Maciel. This is not surprising. Abusers cannot bear close scrutiny, which would threaten their access to victims. Fr. Maciel reportedly handpicked his superiors. Not surprisingly, he often named young priests who lacked practical pastoral experience. Which is why most Catholics would feel more confident about a reform of the LC/RC if Rome stepped in directly.

and I do not know whether Maciel developed an authentic charism for clerical, religious, and lay life, but I have serious doubts that he did.


And now the question of charism. The reason orthodox Catholics have struggled so deeply with the crisis, in fact the reason there are such strong feelings of anger and betrayal, is that the LC/RC’s good works have been visible to us for so long. But looking back in retrospect, so too have the institutional signs of Fr. Maciel’s double-life. How does one reconcile such a stark contrast?
Normally, an institute’s charism is tied to its founder and its good works. However, the two don’t match in this case. Some argue that the LC/RC’s founding charism was fraudulent from the start. Others argue that God used Fr. Maciel as His imperfect human instrument. In reflecting upon this dilemma, attempting to reconcile these questions in my own mind, I stumbled across the biography of Saint Rafael Guízar Valencia.
Saint Rafael was Fr. Maciel’s uncle and the bishop who oversaw most of Fr. Maciel’s seminary formation prior to dismissing his nephew from the seminary. Saint Rafael exemplified many of the Christian virtues LC/RC attempt to emulate as members of their movement. In fact, his life story reads like a blueprint for the LC/RC’s good works, and LC/RC members in past have recognized his influence in the founding of their movement.
Perhaps – and this is highly speculative on my part – Saint Rafael is the true spiritual founder of the LC/RC movement, and the instrument used by God to transmit its charism. It’s something for LC/RC members to pray about.