From the issue dated June 14, 2002
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Silence, Not Confrontation, Over the 'Mandatum'Many bishops took a low-key approach as a much-anticipated deadline for theologians passedBy BETH McMURTRIE Two years ago, it looked as if the Roman Catholic Church was headed for a
Newspapers trumpeted a move that many saw as a threat to academic freedom. "Bishops Tighten Academic Control," read one front-page headline. "Catholic Theologians Fear Loss of Freedom," said another. American bishops, under Vatican direction, had issued a list of rules for Catholic colleges to comply with. The most controversial ordered all Catholic theologians on those campuses to seek church acknowledgment -- a mandatum -- that what they are teaching is "authentic Catholic doctrine." Some theologians, predicting witch hunts and orthodoxy tests, criticized the church for attempting to exercise control over their academic discipline. But on June 1, the deadline to obtain a written mandatum passed without the predicted uproar. Many bishops have quietly put systems in place to deal with the requirement in a low-key way. And few theologians report being subjected to any pressure on the issue. In part, that's because many bishops have been too distracted by the church's continuing sex-abuse scandal to follow through on their own order. In Philadelphia, Boston, Los Angeles, and elsewhere, theologians have heard little in recent months from church leaders about the mandatum. But it's unlikely that the bishops would have spent much time on the matter even without the scandal, observers say, since the directive was not their idea, but Rome's. "Most bishops who had large universities or colleges in their diocese, if given a choice between enforcing the mandatum or having a root canal without anesthetic, would have gone to the dentist right away," says Lawrence Cunningham, a theology professor at the University of Notre Dame. For their part, theologians have decided that the best approach is silence, not confrontation. Aside from a few departmental meetings and hallway discussions, there has been little talk, public or private, about the issue during the past year. Many religious scholars believe that the less they say, the quicker this unwelcome stricture will fade away. The mandatum carries no punishment if a professor does not comply, but academics have taken it seriously nonetheless. On the one hand, they do not want to appear hostile to the church. On the other, many fear that their credibility as scholars could be harmed if they are seen as beholden to church authority. Some question why a bishop should have the right to evaluate their professional work, and some worry that the mandatum could be used to punish outspoken professors. Between theologians' objections and bishops' reluctance to force the issue, "the mandatum will be one more thing that will disappear in the dustbin of history," predicts Peter C. Phan, a religion professor at the Catholic University of America, who is the outgoing president of the Catholic Theological Society of America. Tougher Rules The mandatum is the most contentious part of a larger effort by the church to exert more influence over Catholic colleges. In 1990, Pope John Paul II outlined his vision for Catholic higher education in a document titled Ex corde Ecclesiae, which literally means "from the heart of the church." Among other things, he wrote that Catholic colleges should hire a majority of Catholic professors over all, appoint a majority of Catholic trustees, and elect Catholic presidents. He also reintroduced a little-noticed church law stating that Catholic theologians must obtain a mandate from their bishops acknowledging that the theologians are representing the church's teachings accurately. Bishops were asked to adapt Ex corde to the laws and cultures of their own countries. After years of wrestling with the issues, bishops in the United States produced a draft of Ex corde rules in 1996, relegating the mandatum to a footnote, where they said it would be studied at a later date. The Vatican rejected the document, saying it was not strong enough. The result: a tougher set of rules made final in 1999, and an ensuing outcry within Catholic higher education that the church's attempts at control were antithetical to the traditions of academic freedom. Since that low point in their relationship, however, bishops and theologians have spent many hours hammering out procedures for granting the mandatum that acknowledge a theologian's right to academic freedom and due process. Most important, aside from sharing information with college presidents, the bishops have largely agreed to keep confidential the names of those who do or do not have the mandatum. "I think the significance and weight of the mandatum was misperceived and misjudged by a lot of people early on," says Archbishop Daniel E. Pilarczyk of Cincinnati, who led the committee that developed the guidelines last year. "This was thought to be, 'Wow, the guillotine was set up in the public square, and heads will roll.' That was never the intent." Because of the secrecy that now surrounds the granting of the mandatum, it's impossible to say how many theologians have complied with the order. What is clear is that the process has taken on many shapes. At some Catholic colleges, presidents have quickly supplied bishops with the names of Catholic theologians on their campuses, so that the bishops could contact them. At others, administrators have avoided getting involved. At Loyola University Chicago, the chairman of the theology department, John McCarthy, said he was asked two or three times by Cardinal Francis George's office for the names of Catholic theologians working there. He refused, explaining that he felt it was inappropriate for him to do so. "Even at the point of interviewing for faculty hiring, it's illegal to ask a person's religion," he says. Monika K. Hellwig, executive director of the Association of Catholic Colleges and Universities, says that's the wisest approach. Presidents who supply names of Catholic theologians on their campuses, however benign the intent, may be creating headaches for themselves. "It sets a precedent for the future that could come back to haunt them," she says. "When a new person is hired, that could become part of the arrangement. The new person must understand that his or her name could be sent to the bishop. And if that person refuses and is not hired, there could be a court suit." Different Roads The bishops, too, have taken various approaches. Cardinal George sent out lengthy letters to all theologians at Loyola asking those who fell under the requirements and wanted a mandatum to schedule an appointment with him. Mr. McCarthy says the cardinal made it clear that he wanted "face-to-face interviews" before granting his approval. Cardinal George did not respond to a request for comments. But many bishops have simply sent out stacks of form letters granting a mandatum to any Catholic theologian willing to accept it. In those cases, the theologian signs the form and returns it to the bishop without discussion. Archbishop Pilarczyk, of Cincinnati, says he's had success with this method, which is viewed by many theologians as the least intrusive way of enacting the mandatum. He oversees four colleges and universities, in which he estimates that 85 to 90 Catholic theologians are employed. According to his figures, two out of every three have accepted the mandatum, which he issued last July after meeting with theologians to explain his position and answer their questions. "I would have much sooner have had everybody," he says, "but given the tension that existed around this question, I think two-thirds is pretty good." He said he does not plan to question the theologians who either didn't respond or turned down the mandatum. "I figured I knew where they stood, and they knew where I stood." Archbishop Pilarczyk's efficiency may be the exception. Some theology departments have heard little from their bishops in recent months. The Rev. Thomas Rausch, chairman of the theological-studies department at Loyola Marymount University, in Los Angeles, says that for more than a year it has had no contact with Cardinal Roger Mahony, who heads the Los Angeles archdiocese. The cardinal has spent much of 2002 dealing with the scandal involving priests accused of pedophilia. Father Rausch says church leaders probably recognize that this would be a bad time to enforce the mandatum. "This is not the time to be asking theologians to get in line," he says, "when their own house is not in order." Donald J. Dietrich, a theology professor at Boston College, offers a more pointed critique: "I never wanted a mandatum. I would be even less inclined now. Why should I want to have any moral credentialing from a group of hierarchs who don't seem to have any moral scruples in the way they handle the church?" Cardinal Bernard Law, who heads the Boston archdiocese, has been at the center of the scandal, so consumed by it that he has not even responded to theologians seeking a mandatum, according to the Rev. Christopher Coyne, a spokesman for the archdiocese. Keeping It to Themselves Most theologians decline to say whether or not they have a mandatum. But on a handful of Catholic campuses where support for the church law is strong, a more open approach has prevailed. At Franciscan University of Steubenville -- where, since 1989, theologians have publicly pledged fidelity to the church -- Stephen Miletic, dean of the faculty and a theologian, says the administration has not officially made the mandatum part of the hiring requirement. "We don't have to," he says. "Most theologians who want to teach here, all of them are pretty much happy to take the mandatum." Similarly, all of the Catholic theologians at Loyola College in Maryland plan to seek the mandatum, says Stephen E. Fowl, chairman of the theology department. No pressure has been placed on them, he adds. Rather, the professors are of one mind on the matter. "As we understand it," he says, "what you are committing to doing is only teaching as Catholic doctrine what is Catholic doctrine, which seems to us to be primarily a matter of intellectual integrity." Whether the mandatum will, in the long run, have much effect on Catholic theology or Catholic higher education is still a subject of debate. Some orthodox groups hope that the bishops will change their minds and make public the names of those who hold a mandatum. "We see it as a problem in the sense that it's not helpful to students who are trying to determine whether the courses they register for are truly Catholic-theology courses or not," says Patrick Reilly, president of the Cardinal Newman Society, which promotes conservative Catholic values on Catholic campuses. Daniel Finn, a theology professor at Saint John's University, in Minnesota, says the bishops' relatively unintrusive approach thus far does not mean that the mandatum carries no weight. "The capacity to withdraw a mandatum is more important than the capacity to have an investigation beforehand," he says. "And in that sense, I think it's part of the resistance of the theologians to the process altogether. It's not that they expect to be mistreated by their bishop today, but that the next bishop has the authority to investigate, if he wishes." Others point out that even though the mandatum does not come with an enforcement mechanism, bishops, college presidents, and others can certainly pressure academics to seek one. Terrence W. Tilley, chairman of the religious-studies department at the University of Dayton, says he's heard that some faculty members at small Catholic liberal-arts colleges -- he declines to name them -- are being asked to seek a mandatum. He also reports that his department lost its first-choice candidate for a tenure-track position in part because of the candidate's fear of being pressured by the local bishop to obtain a mandatum. Mr. Tilley says the calm around the mandatum today should not be taken as a sign that most theologians have grown comfortable with it. "I don't think the fears are mitigated," he says. "But if it's the only game in town, and if you're powerless to make the rules, you play it." THE 'MANDATUM' DEFINED Mandatum is a term used by the United States Conference of Catholic Bishops to describe a requirement of Roman Catholic church law in which theologians who teach in higher education must obtain a "mandate" from the church. The policy:
SOURCES: Chronicle reporting; "Ex corde Ecclesiae: An Application to the United States"; "Guidelines Concerning the Academic Mandatum in Catholic Universities"
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Copyright © 2002 by The Chronicle of Higher Education