If, on the other hand, Law were removed because he was not accountable to his flock, then his resignation would be the first of many. After all, the situation in New York appears to be even worse than in Boston. In March The Hartford Courant reported that while he was bishop of Bridgeport, Cardinal Egan had also shuffled child molesters from parish to parish. After a week of silence, Egan claimed to have operated only under the advice of "prominent psychological institutions." Unfortunately, the next day the Courant published another damning story in which the director of the psychological institute that Egan consulted directly contradicted the cardinal's claims. "In some cases, necessary and pertinent information related to prior sexual misconduct has been withheld from us," Dr. Harold I. Schwartz of the Institute of Living told the newspaper. "In some cases, it would appear that our evaluations have been misconstrued in order to return priests to ministry."
In Los Angeles the publication of memos between Cardinal Mahony and his staff show him to be an ecclesiastical apparatchik of the first order, worried only about the public image of the Church. As Steve Lopez editorialized in the Los Angeles Times: "If the [Los Angeles] archdiocese had been half as aggressive in making sure sex offenders were removed from the ministry as they were in rushing attorneys into court to hide unflattering secrets, it might not be in the middle of this mess." If the pope were not so ill, perhaps he would demand the resignation of all three cardinals. Only something unprecedented like that would acknowledge the scale of the horror.
The problem is that the Bishops' Conference can only make legally binding decisions by unanimous consent, and some conservative bishops have made a career of obstructing such unanimity on principle. Especially under John Paul II, conservatives have preferred to have the Vatican make the decisions by fiat, rather than have the bishops debate and vote on policies stateside. The main objective of this week's meeting in Rome between all the U.S. cardinals and the pope appears to be precisely this: to make clear that should any bishop obstruct the formulation of a national policy, Rome will not support him. Different bishops have differing views about the role of a bishops' conference in the life of the Church, but today it is all there is. However ill the pope may be, the cardinals in the Vatican are not prepared to let this crisis go on forever.
But resignations and a new policy are not enough. Most importantly, in future appointments, bishops must be selected not for their ability to parrot the Vatican line, but for their ability to lead the local church and their willingness to see the hierarchic structure of the Church as a hierarchy of service--not power--in which they are accountable to the clergy and the laity below as well as to the pope above. Perhaps in the future priests should exercise greater influence in the selection of bishops--as they once did. Lest we forget, the most prominent bishop in the world, the bishop of Rome, is still elected to office by the clergy.
The relationship between the Church in the United States and the Vatican must also be restored to balance. Rome has become increasingly powerful within the Church over the past two centuries. Before the nineteenth century, local governments played key roles in the selection of bishops and even in the appointment of parish priests. Only with the separation of church and state, which the Catholic Church fought on principle, has Rome gained complete control over the personnel of the Church. Without government as a local counterweight, the local clergy and laity must now exert whatever pressure is needed to make sure their bishops are leaders, not martinets. Indeed, it may be time to return to the ancient Catholic tradition of not permitting bishops to move from one bishopric to another, more prominent one. If a man knew he was to be the bishop of Bridgeport for the rest of his life, he might be more inclined to face the realities of the local church head-on rather than worrying about becoming an archbishop somewhere else.
Still, no amount of procedural tinkering will help the Church if the men who lead it refuse to be candid. Put differently, bishops must be chosen for their humility and honesty. As in every case of sin, what is ultimately called for is less a change of policy than a change of heart. In the late 1790s the first Catholic bishop in the United States, John Carroll, welcomed a group of nuns from France by making them a gift of a slave woman and her daughter. We read this and recoil in horror--how did he not understand that trafficking in human beings was a moral enormity? We do not know that any more than we know what men and women 200 years hence will see with a similar sense of puzzlement and disgust when they look back upon our age. The Catholic bishops should remember this when they feel themselves inclined to stridency in all but their charity.