Texas Judge Dismisses Lawsuit by Carmelite Nuns Against Bishop Olson

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In a recent development, a judge in Texas has ruled that a district court lacks jurisdiction to hear a lawsuit filed by a monastery of Carmelite nuns against Bishop Michael Olson of the Diocese of Fort Worth.

Newsroom (03/07/2023 08:12Gaudium Press) The ruling, handed down on June 30, stated that the nuns’ suit is “dismissed for want of subject-matter jurisdiction.” Responding to the decision, Bishop Olson expressed gratitude, stating that it vindicates their belief that the matter is a private Church issue that should not be resolved in the courts. He emphasized that the case will continue through an established canonical process.

The lawsuit, brought by the Carmelite nuns of the Most Holy Trinity Monastery in Arlington, Texas, accuses Bishop Olson of defaming them, invading their privacy, and stealing information from their electronic devices during a canonical investigation earlier this year. The nuns’ civil attorney, Matthew Bobo, expressed shock and disappointment at the decision and confirmed plans to appeal.

The dispute stems from Bishop Olson’s involvement in the monastery following the mother superior’s admission of a sin against the Sixth Commandment with a priest. The bishop subsequently removed her as superior and dismissed her from the religious order. Both of these canonical decisions are currently being appealed to the Holy See.

During a recent hearing, the Fort Worth diocese’s legal team played an audio tape of a conversation between Bishop Olson and Mother Teresa Agnes Gerlach, the former mother superior. In the recording, Gerlach acknowledged an inappropriate sexual relationship with a priest but claimed that it had only occurred over the phone. However, the bishop accused her of changing her story and raised doubts about her credibility.

The testimony provided a glimpse into the diocese’s initial belief that Gerlach was involved in an ongoing physical relationship with a priest, which her later account seemed to refute. It remains unclear what specific canonical crime Olson believed Gerlach had committed, as consensual sex between adults is not usually considered a canonical crime by the Church. However, the diocese treated the matter as such.

The case has garnered significant attention, with both the nuns’ representatives and the diocesan chancery issuing regular statements and updates to the press. The diocese had previously released photographs alleging the presence of marijuana products and paraphernalia within the monastery, which was raised during the recent hearing.

In addition to the civil lawsuit, the Carmelite monastery has filed several appeals with the Vatican challenging Bishop Olson’s interventions in the community. These appeals include objections to an agreement that allowed the diocese to retain a copy of the monastery’s electronic records. To date, the Vatican’s dicastery for consecrated life has granted Olson authority over the monastery and issued a decree overruling some challenges to the validity of his decisions, while other appeals remain pending.

The priest allegedly involved with Gerlach was identified by the religious name of Fr. Bernard Marie in the tape played to the court this week, who the mother superior said was a member of the “Transalpine Redemptorist” monastery in Montana.

That community was founded in 1988, in association with the traditionalist Society of St. Pius X, which is in “irregular communion” with the Church. But in 2008, the group — then 18 members including three priests — was reconciled in full communion with the Church, through the work of the Vatican’s Ecclesia Dei Commission.

But in a June 28 statement, the institute said that the priest identified by Gerlach was not a member of the community.

“The priest named in the evidence of Bishop Olson of Fort Worth, Texas, was at our house in Montana for a few months with the permission of his diocesan bishop, Bishop Zarama of Raleigh, North Carolina,” the statement said.

The Raleigh diocese then identified the priest by name, unprompted, in a statement  on June 28 and said he “is not currently exercising public ministry.”

  • Raju Hasmukh with files from The Pillar 

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