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Cause for Conflict: The Catholic Church and Property Rights in American Law, by Kevin Schmiesing – Brown Pelican Society of Lousiana

Cause for Conflict: The Catholic Church and Property Rights in American Law, by Kevin Schmiesing

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By Kevin Schmiesing, Catholic World Report, November 18, 2024  

Kevin Schmiesing is director of research at the Freedom & Virtue Institute, co-host of the Catholic History Trek podcast, and the author of many books and articles in the field of Church history, including his most recent: A Catholic Pilgrimage through American History: People and Places that Shaped the Church in the United States.

Given the history, the norms of canon law, and the character of civil law, the Church in the United States is caught on the horns of a dilemma.

In what is now a decades-long trend, reports of American Catholic dioceses declaring bankruptcy continue to filter into the news.

To a large extent, this financial retreat is fallout from the ongoing clergy sexual abuse scandal and the legal liabilities it has carried. But it is also the latest chapter in a long history of struggle, as the Catholic Church has sought to secure and defend its property rights within the context of American civil law.

The case of Maryland

Before the American Revolution, the ownership of ecclesiastical property was not a live question in most of the British colonies, where the legal status of Catholics was tenuous, Catholics were few, and Catholic churches were rare. …

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