Catholic Bishops Held in Contempt by Federal Judge

A federal district court judge in New York ruled today that the National Conference of Catholic Bishops and its action arm, the U.S. Catholic Conference, is in contempt of court for refusing to turn over documents in an abortion-related court case.

The documents were said to relate to the church’s anti-abortion efforts in the political field.

Judge Robert L. Carter ordered each of the church organizations to pay fines of $50,000 a day beginning May 12 until they comply with the order to turn over the requested documents.

Church scholars said they believed it was the first time an order had been issued holding a major religious organization in contempt of court.

In his ruling, Carter said the two church agencies “have willfully misled the court and the plaintiffs and have made a travesty of the court process.”

No Comment From Church

A spokesman for the bishops’ conference said the church would have no immediate comment on the ruling.

“We haven’t seen the order and will not comment until the general counsel has an opportunity to review it,” said spokesman Robert Wonderly.

At issue in the case, originally brought against the church agencies and the Internal Revenue Service in 1980 by the Abortion Rights Mobilization, is the refusal of the bishops’ conference to turn over documents to the abortion group.

The suit charges that the church violated its tax-exempt status by endorsing specific political candidates on the abortion issue.

“Our objective is to preserve the First Amendment principle of the separation of church and state,” said ARM President Larry Lader.

Documents Withheld

Carter’s ruling came as a result of a March decision by the National Conference of Catholic Bishops not to turn over the documents as part of an effort to move the case from Carter’s court to a federal appeals court.

“We want to go to trial and we can’t go without the documents,” Lader said. But he stressed that the suit was not aimed at the church’s anti-abortion position but at its alleged use of church funds to back specific political candidates.

Although both church agencies were original defendants in the suit, Carter dismissed them as defendants in 1982 and now only the Treasury Department, parent agency of the IRS, remains as a defendant.

But Carter has said the church agencies must comply with discovery subpoenas seeking information on church political activity.