Indianapolis's Brebeuf Jesuit high school is appealing Archbishop Charles C. Thompson's decision to strip it of its Catholic name because it refused his request to sever the employment of a teacher who married someone of the same gender.

An immediate outcome of Thompson's decision is that the school's academic year will begin without its traditional all-school "Mass of the Holy Spirit".

Another outcome, according to a letter posted to the school's website on Sunday by President William Verbryke, SJ, is that Jesuits who minister at the high school must seek permission from the archbishop to celebrate Mass.

Out of pastoral concern and charity, Verbryke's letter says the archbishop and another Brebeuf priest will celebrate daily Mass in the school chapel before classes start.

The archbishop has also ruled that no other school Masses (such as the Mass of the Holy Spirit) are permitted.

Instead of the school's opening Mass, Verbryke says there will be a service in which the Jesuits "will call upon the blessings of the Holy Spirit in our school community for this academic year by holding a school-wide prayer service during the school day."

Verbryke says while the school is disappointed and saddened by the archbishop's decision, "... our appeal includes our request for the ability to have school Masses on campus once again.

"However, we must, and do acknowledge the authority of the Archbishop with respect to the celebration of Mass within the Archdiocese."

The archdiocese is defending its handling of the Brebeuf case.

A statement from the archdiocese says all Catholic schools must:

"Clearly state in [their] contracts and ministerial job descriptions that all administrators, teachers and guidance counselors must convey and be supportive of all teachings of the Catholic Church.

"Brebeuf Jesuit Preparatory School freely chose not to implement these practices and therefore decided to no longer be recognized as a Catholic institution in the Archdiocese."

Source

• Wilfi.com
• America Magazine
• 13WTHR
• IndyStar
• Images: Inside Edition

Father Brian Paulson, provincial of the Midwest Province of Jesuits, said the order "will appeal [Archbishop Charles Thompson's] decision through the formal appeal process established in church law.

"Firstly they will go to the archbishop. Then if necessary, they will seek hierarchical recourse to the Vatican."

According to the archbishop's decree, Brebeuf Jesuit Preparatory School "can no longer use the name Catholic and will no longer be identified or recognised as a Catholic institution by the Archdiocese of Indianapolis."

The canonical appeal process is likely to involve several complex issues concerning the relationship between religious orders and diocesan bishops, as well as a bishop's responsibility for oversight of Catholic education within his diocese.

Kurt Martens, a canon law professor, says the bishop does have the canonical right to take away the title "Catholic" from a school in his territory.

It stipulates three ways in which a school can be understood as Catholic: if it is "under the control of the competent ecclesiastical authority or of a public ecclesiastical juridical person, or one which in a written document is acknowledged as Catholic by the ecclesiastical authority."

"[Brebeuf] is a Catholic school which is being directed by a public juridical person, which is the Jesuits," Martens says.

"If it is a diocesan school, then it is clear that the bishop would have control. But when you get to the level of religious, what is the control that a bishop still has?"

Paulson says where the province and Brebeuf differ with the archdiocese is on what degree of autonomy in personnel decisions is appropriate for a school operated by a religious order, in accordance with a religious order's right. The order's right to direct its own apostolates is also recognised in canon law.

Canon law also recognises a bishop's right to "appoint or to approve teachers of religion and, if religious or moral considerations require it, the right to remove them or to demand that they be removed."

Bishops have "to be careful that those who are appointed as teachers of religion in schools, even non-Catholic ones, are outstanding in true doctrine, in the witness of the Christian life and in their teaching ability."

Paulson says the archbishop wants all Catholic schools in Indianapolis to include language in their contracts and handbooks defining every teacher as a minister.

This way schools can invoke "the ‘ministerial exemption' in civil law in regards to discrimination."

Brebeuf takes "more of an ‘all things considered' determination of the faith, morals, character, talent and ability to contribute to the mission of the school when determining whether to retain employees," Paulson says.

"Thus, while recognising that "this teacher's marriage is not in conformity with church doctrine, the teacher makes a valuable contribution to the mission of the school."

Source

• America Magazine
• Image: Twitter