Published from 1982-96, Fidelity magazine was the predecessor of Culture Wars.
Knight
Errant: The Knights of Columbus Finally Confront Their Biggest Problem
by James G. Bruen, Jr.
From the July/August 1992 issue of Fidelity magazine
Mike Dwyre did
not flinch when the moderator asked him the questions about abortion. The
organizers of the Oct. 3, 1991 St. Timothy's Candidates Forum had given the
candidates the questions in writing earlier in the week, so Dwyre was prepared,
and he knew what he wanted to say to the sparse crowd in St. Timothy School's
gymnasium.
Dwyre, a
candidate for the 67th District for the Virginia House of Delegates in the
upcoming November 1991 election, was a long-time active member of St. Timothy
Parish in Chantilly, the vocations director of the parish's Knights of Columbus
council, and a former volunteer at A Woman's Choice, the local prolife crisis
pregnancy center. His wife, Virginia, was a lector. Father Cornelius O'Brien,
the pastor, was in the audience, most of the attendees were parishioners, and
the parish's prolife committee was among the sponsors of the forum. Dwyre, one
might have thought, was among friends.
But he was
running as a Democrat, and he held high the banner of that party's orthodoxy.
Mincing no words, Dwyre quickly denounced efforts to restrict legal abortion as
"arrogant." In response to the prepared questions, he voiced
unequivocal support for abortion rights. Would he support legislation that
recognizes the personhood of the unborn? No. Legislation that includes the
father in the decision process? No, "the state should not be
involved." Legislation that requires informed consent by the mother? No,
"no further protections are needed." Legislation that requires
parental consent for minors? No.
The ground rules
of the forum prohibited questions from the audience, so I bit my tongue, as did
the pastor and the other attendees. I successfully overcame the urge to ask
Dwyre whether his wife had ever had an abortion, and in response to the expected
answer, no, to ask further how he could be sure since she might have
implemented the wife's right to exclude her husband from the process of
deciding whether to abort their child.
In contrast to
Dwyre, non-Catholic Roger McClure, his relatively unknown Republican opponent
who had just moved into the newly created district, answered "yes" to
each of those questions. The battle lines were drawn. And Dwyre obviously
wanted them drawn sharply. Many political pundits had attributed Douglas Wilder's
1989 victory in the Virginia gubernatorial election to Wilder's wooing of
Northern Virginia voters with his prochoice position. Dwyre was running in the
same Northern Virginia suburbs and advocated a position similar to that which
was viewed as the key to Wilder's success. Dwyre hoped the abortion issue would
ensure his election. Many prolifers, though, had a different perspective on the
1989 election: they believed that Wilder's opponent's weak-kneed, equivocating
prolife squeakings cost him an election that he could have won if he had been
uncompromisingly prolife. At least McClure was not weak-kneed.
Fr. Kevin
Gallagher, who had been transferred recently from St. Timothy parish, wrote to
Dwyre on Oct. 9 about reports he had received about the forum and Dwyre's position
on abortion. "How I had hoped that you would have been a candidate strong,
not in the desire for votes, but strong in the desire for justice to the ones
who most need the elected officials' assistance," he wrote. "I pray
you are not elected, Mike, for the sake of those little ones who will not
receive your concern and for your sake that you not be partly responsible for
one of the most heinous crimes of mankind."
"Please
understand," replied Dwyre, "that my position, ever since I entered
active political involvement some three years ago, is that the law in Virginia
should not be changed. It is my conviction that this is a correct moral
position as well as being the best course for the general welfare of all
concerned - including the victims of abortion." But Dwyre seemed to
recognize the power of prayer, requesting that Fr. Gallagher "not pray for
a specific outcome to this election."
Dwyre continued
to harp on the abortion issue for the rest of the campaign. On Oct. 24, he
published an advertisement in the Centre View, a local paper, asserting
that the "fundamental freedom" to abort is "under constant
attack by right-wing, anti-choice groups." In the ad, he quoted his
unnamed opponent as saying on three separate occasions "I will limit
abortions," called his opponent's statement a "radical-right
position," and labeled his opponent the "ani-choice [sic]
candidate." Abortion was the only issue mentioned in the ad, and Dwyre
urged voters to vote for him because of the difference between him and his
opponent.
A week later, on
Halloween, Dwyre published a letter in the Centre View. The letter
played on patriotism and family values to urge support for Dwyre because of his
prochoice views. The publisher ran the letter, along with a picture of Dwyre
posed next to an American flag, under a heading - "Abortion is a big issue
- Dwyre says he's for it, opponent isn't" that, perhaps unintentionally,
pierced through the fog that surrounds the question of whether someone who is
prochoice necessarily is proabortion. In the body of the letter, Dwyre again
contrasted his now named opponent's prolife position with his own, concluding:
"As a husband and father (two daughters and a son) who tries to live our
family values every day, I understand why decisions regarding pregnancy and
abortion must remain the woman's. Accordingly, I uphold the current Virginia
law on abortion; and if elected, I will vote against any attempt to change or
deny the freedom of choice to the women of Virginia."
Dwyre had
located the issue he thought he could rely on to win, and he was on the attack.
His campaign caused consternation in the parish. Although asked to do so in
person and by letter by laymen and clergy, he refused to recant his position on
abortion. When Dwyre instead continued to stress his prochoice stance, a number
of parishioners counterattacked, working actively against his election, and
one, Joanne Strada, became the Republican precinct chairman in his home
precinct with the avowed purpose of beating him in that precinct as well as in
the general tally of votes. Although Dwyre was a longstanding member of the
community, he was defeated in his home precinct and overall by McClure, the
relatively unknown Republican candidate who had just moved into the district
and who had run a prolife campaign. Who says prayer is not answered? Doug
Wilder's strategy backfired on Dwyre. Dwyre probably would have won if he had
kept his mouth shut on the issue of abortion, but he felt it was the issue that
would win for him, and he made it the centerpiece of his campaign.
During the
campaign, many parishioners spoke to the pastor about Dwyre's position on
abortion and about his membership in the Knights of Columbus, but Fr. O'Brien
made no public statement, sensing, I believe, that a statement then would be
imprudent, probably allowing Dwyre to present himself as a victim of Church
oppression as have other prochoice Catholic politicians. Nor did the Knights
make any public statement.
Shortly after
Dwyre's defeat in the November election, lay members of the parish asked to
meet with Fr. O'Brien. The group, which met at the rectory, included Knights
and others who were outraged by Dwyre's campaign, but the most outspoken member
of the parish, and the most prolific letter writer, Joe Strada, was absent, attending
to his wife, the former precinct chairman, who was giving birth to their child.
The group was aware but flabbergasted that the Knights have not routinely
expelled prochoice politicians. Some suggested resignations from the K of C;
boycotts of its breakfasts, its Tootsie Roll sale, and its Christmas tree sale;
picketing at its meetings; and other actions to protest Dwyre's membership.
Fr. O'Brien,
however, stressed two things: first, his pastoral obligation to attempt to get
Dwyre to change his position; and, second, the necessity of moving against
Dwyre through proper channels in the K of C, if channels were available. Fr.
O'Brien mentioned that he had met with Dwyre privately before the election to
induce a change and was unsuccessful; so he had little hope for his further
efforts, but he thought he must undertake them because his primary
responsibility was for the spiritual well-being of his parishioners, including
Dwyre.
Because I am an
attorney, I volunteered to investigate whether there were grounds and procedure
for moving against Dwyre within the Knights. Unlike myself, the other Knights
at the meeting were members of the parish K of C council. They said Dwyre
regularly participated in the council's meetings and activities, and that the
council wanted to keep things quiet until the controversy blew over. They
doubted whether, whatever the grounds and procedure, the local council would
take action against Dwyre given his relationships within the Knights and his
position as vocations director of the council. One characterized the council's
leadership as "smug" and "smirking" recently when they
discussed their inability to expel Dwyre. The other Knights at the meeting
predicted that, if it perceived it were under fire, the council would circle
the wagons to try to protect Dwyre. But we decided nevertheless to assume that
the Knights would act in good faith, and to try working within the Order before
resigning, boycotting, or picketing.
The prediction
proved correct. The Knights circled the wagons around Dwyre when prolifers
tried to get Dwyre expelled from the K of C. Grand Knight Mike Wells of the
parish's Fr. Nudd Council balked at what he termed "outside
pressure," griping that "there is a Pro-Life element in the parish
that has ben [sic] trying to force me to expel Br. Dwyre. ... They have
begun an intimidation campaign of letter writing and coercing members to resign
from the Knights. They have gone so far as to publish my home address in the
'Virginia Pro-Life Newsletter', asking people to write demanding Mike's
expulsion. I have received form letters from other states and I have been
called at home."
Wells got nasty.
"I am appalled that a Christian organization would use these methods
against friends. After all, the Knights are one of the strongest Pro-Life
fraternal organizations in the country," he wrote in the council's
newsletter in February, ignoring the incongruity between the prolife position
of the Knights and the antilife campaign of one of its members. The people who
complained to Wells were asking the K of C to affirm its prolife stand by
expelling those who advocate abortion. Yet Wells turned on them. "I
wonder," he asked sarcastically, "how far they go against Pro-Choice
groups." He distanced himself from the prolifers in the parish, saying
"we must carefully choose who we support in the Pro-Life movement. ... We
should not associate with zealots that lose sight of their Catholic principles
and forget who their friends are." And so, no prolife zealot himself,
Grand Knight Wells carefully chose whom he supported by refusing to expel the
prochoice politician while castigating some of the most active parishioners at
St. Timothy. Wells did not forget who his friend is, and in protecting his
friend, Dwyre, he belittled the unborn and those in the parish who work most
ardently to protect them.
Funding public
relations campaigns, providing marshals for the annual March for Life, and
engaging in many other prolife actions, the Knights of Columbus, corporately
and through the individual efforts of its members, has been a leader in the
effort to end legalized abortion in this country. As Deputy Supreme Knight
Flinn told the Virginia State Council at its annual convention in May 1991:
"The right to life of the unborn should be respected under the law and the
Knights of Columbus holds firmly and unalterably to this view."
But, even before
Dwyre, there has been controversy. A small number of men who are Knights have
publicly taken proabortion or prochoice positions, usually as part of a
political campaign or while holding public office. Because the Knights insist
that a man must be a "practical Catholic" to become and to remain a
Knight, their prochoice advocacy has precipitated demands, most notably from
Fr. Paul Marx of Human Life International, that the Knights expel them as not
meeting the requirements for membership.
The Knights demur, however, saying that the decision
as to who is or is not a practical Catholic is for the hierarchy: unless a
Knight is excommunicated or denied Holy Communion, who are the Knights to say
he is not a practical Catholic? Why should the Knights get out in front of the
hierarchy? "When it comes to defining practical Catholicity we have not
and we must not usurp the authority of the leaders of the Church," says
Deputy Supreme Knight Flinn. "Decisions about who is and who is not in
union with the Church belongs (sic) to the leaders of the Church. It is not for
other members of the Church to decide." Grand Knight Wells quoted Flinn's
words in the Fr. Nudd Council newsletter in February 1992 to explain his
refusal to kick Dwyre out of the K of C. "In other words, we Knights
should leave the judgement of Catholicity to our priests," continued
Wells. "This position has been supported by Cardinal Gagnon, past
President of the Pontifical Council for the Family, Cardinal O'Connor of New
York, and the Supreme Chaplain, Bishop Daley."
Thus, prochoice
politicians such as Governor Mario Cuomo, Senator Edward Kennedy, and
Congressmen Edward Roybal and James Traficant maintained their membership in
the Knights despite their public prochoice stances and activities. Kennedy
apparently let his membership lapse, but efforts in 1988 to oust Roybal were
frustrated when his bishop, Cardinal Mahony of Los Angeles, interceded, faxing
a letter to Supreme Knight Virgil Dechant that, as quoted in the Wanderer,
said: "Cong. Roybal is a faithful Catholic, one of our best examples of a
Hispanic Catholic in public life who is not afraid to live out his Catholic
life with pride. I have known him and his family for over 30 years, and I have
the highest respect for him as a member of this Archdiocese." After
getting that fax, how could the Knights have expelled Roybal for not being a
"practical Catholic"?
The Knights have
been reproached for their position by those, including Bishop McFarland of
Orange, California, who point out that the Order does not ask the hierarchy to
vouchsafe that a man is a practical Catholic before admitting him to membership
in the Knights: if the Knights are comfortable deciding on their own whether he
is a practical Catholic when he joins, they should be equally as comfortable
deciding the same issue when it is a question of expulsion. But Cardinals
Gagnon, O'Connor, and Mahony and Bishop Daley are a formidable group to buck, even
for an intrepid crusader like Fr. Marx.
Wags might
suggest that, while a man need be a practical Catholic to join the Knights, he
need only be practically Catholic to remain one. They would find support for
that quip in Wells' newsletter: "We have a very simple criteria for
membership. Neither our chaplain, Fr. Ed, or our parish's pastor, Fr. O'Brien,
have stated that Mike Dwyre is not a practical Catholic or is out of union with
the Church. He still attends mass and receives communion. We cannot and should
not establish additional litmus tests for our members. To do so could lead to
witch hunts and tear the council apart." The controversy about whether a
publicly prochoice man is or can be a practical Catholic and a Knight thus
seems to be caught in a chicken and egg quandary over who should act first: the
Knights or the hierarchy. But, contrary to Wells' statements in the newsletter,
being a practical Catholic is only a minimum requirement for maintaining
membership in the Knights. The Knight must attain a higher standard than just
being a practical Catholic. And, if he fails to live up to that standard, he
must suffer sanctions, after proper proceedings, including a trial within the
Order. This piece describes that process, giving particular attention to the
case of Mike Dwyre, a Knight in my parish, St. Timothy. The procedure, though,
is applicable universally within the Knights.
After the
meeting in the rectory with the pastor, I called Pat Donlin, the Knights'
Supreme Advocate, for advice, but he demurred, insisting that matters such as
this were local matters. After a couple of calls, though, I got him to forward
a copy of the Knights' Charter, Constitution and Laws, dated Oct. 21, 1991.
Section 162.7 of
those laws provides that any member guilty of "giving scandal, scandalous
conduct or practice unbecoming a member of this Order" shall be suspended
or expelled.
Section 162.9
provides that any member guilty of "speaking, writing, printing or
publishing any matter or statement which shall be deemed to be detrimental to
the harmony and good order of the Knights of Columbus, or tending to create
discord and dissension among the members or create public scandal, or causing
the same to be done" shall be suspended or expelled.
The Modern
Catholic Dictionary (1980) by John A. Hardon, S.J., defines scandal:
"Any act or its omission, not necessarily sinful in itself, that is likely
to induce another to do something that is morally wrong." There are two
types of scandal: "Direct scandal, also called diabolical, has the
deliberate intention to induce another to sin. In indirect scandal a person
does something that he or she foresees will at least likely lead another to
commit sin, but this is rather tolerated than positively desired."
Or, as Deputy
Supreme Knight Flinn told the Virginia State Council at its annual convention
in May 1991: "Scandal is wrongful behavior which constitutes an occasion
of sin for someone else! This is the definition given by St. Thomas
Aquinas."
Pursuant to Section
171, if a Knight "violates any of the provisions of the Order's laws,
"it shall be the duty of any member who may have or acquire knowledge of
the same to make written complaint to the Grand Knight, specifically setting
forth the wrongdoings of the accused." Unpleasant though it may be to
accuse a brother Knight, Section 171 imposes a duty on a Knight to file a
complaint when he knows of a violation of the Order's laws. Section 171 thus
leaves a Knight no alternative, if he is to avoid violating the Order's laws
himself. And the obligation to file a complaint is imposed on any Knight who
knows of the violation, not just the men who belong to the miscreant's local
council.
Although the
Order's laws mandate the filing of a complaint, the prospect of enforcing the
laws does not seem to thrill the Order's leaders. Listen again to Deputy
Supreme Knight Flinn:
We are advised by legal counsel that the charge of scandal is most difficult to prove. So putting this burden on the grand knights would be an extremely serious burden. In considering this question we also have to ask ourselves where would it stop? Would we not be opening ourselves up to witch hunts?
G. K.
Chesterton's observation in The Everlasting Man that "people would
understand better the popular fury against the witches, if they remembered that
the malice most commonly attributed to them was preventing births,"
suggests that a witch hunt may be exactly what the K of C needs: get rid of
those Knights who advocate preventing births. Anyway, Flinn's concerns are
curious at best. The K of C probably would prefer to focus on selling insurance
and doing charitable works rather than on the scandalous activities of its
members, but the laws of the Order do not give an individual Knight discretion:
he must file a complaint if he knows of a violation of the Order's laws. If the
K of C does not want to try or expel members who, for example, give scandal,
the Knights should amend their statutes to delete both the offense and the duty
to file a complaint; but it is disingenuous to argue that the laws should just
be ignored because charges are difficult to prove or because the process might
be abused. Moreover, the Order's laws already have a built-in protection
against abuse: "preferring charges against a member when such charges
prove to be false and malicious" itself requires suspension or expulsion
of the complainant.
So, I drafted a letter to Grand Knight Wells for
several Knights to sign as a complaint. A complaint relates only to violation
of laws that are subject to the complaint and trial procedure, such as the laws
relating to scandal. Those laws are in addition to the provision that states
that any Knight who fails to remain a practical Catholic in union with the Holy
See ipso facto forfeits his membership in the Order. The "practical
Catholic" provisions are not subject to the complaint and trial procedure;
they are, therefore, toothless: expulsion is summary but cannot be initiated by
a complaint, so the leadership can avoid its obligation easily. Under the K of
C's laws, though, a complaint that alleges a violation of the rules that are
subject to the trial procedure invokes a process that is not discretionary.
Our complaint
recounted Dwyre's position and attached the ad and letter that ran in the Centre
View, so that the evidence would be from his own pen. We alleged that his
conduct, speech and writing gave scandal in that they each and together were
likely to induce others to do something morally wrong: to vote for a candidate
based upon his support for abortion rights; to support abortion as a
"fundamental freedom" or right, rather than to oppose it as a moral
outrage; to participate in campaigns to make or keep abortion legal; to believe
and argue that abortion is an acceptable moral choice; to participate in the
killing of an innocent human being; to condone the killing of children.
Moreover, we alleged his actions were unbecoming a member of the Order, and
were detrimental to the harmony and good order of the Knights.
(I am unaware
whether Dwyre advocated public funding of abortion for the poor. Politicians
who support government funding of abortion typically explain that the poor
should have the same access to abortion that the rich do: unless the government
pays for it, a poor woman would not be able to exercise her right to abort.
That explanation is itself an admission that the politician is giving scandal:
his very purpose in supporting public funding of abortions is to induce poor
women to do something that is morally wrong, something he asserts the woman
would be unable to do without the funding.)
Included within
Section 162.9 is the offense of "tending to create public scandal, or
causing the same to be done." Even those who might question whether
Dwyre's actions gave scandal, would be hard pressed to argue they did not
"tend" to create public scandal, we alleged.
Dwyre's actions
also "tended" to "create discord and dissension among the
members." Indeed, we alleged, they did not just "tend" to: they
actually created discord and dissension. We recounted that many Catholics,
including Knights, were aghast at his campaign and offended by it, and that
many Knights wrestled with the idea of resigning from the Knights or from the
local council as a result of his actions and the implication inherent in them
that, consistent with being a member of the Order, a man can publicly proclaim
a proabortion position and ask others to support him politically because of
that. We also pointed out that the council's prolife director resigned from the
Knights because of this situation.
Fr. Nudd Council
is based in St. Timothy parish and uses its facilities. In effect, it functions
at the pastor's sufferance. To minimize the possibility that our complaint
would be disregarded summarily, we submitted a draft to our pastor, Fr.
Cornelius O'Brien, and asked his permission to make a statement in it on his
behalf, which he granted. So we were able to assert that the pastor was
intimately aware of the situation with Dwyre and had authorized us to say on
his behalf that the situation constitutes scandal. The pastor also asked us to
defer filing the complaint until he was certain through his sessions with Dwyre
either that Dwyre would not retract or that the process had progressed to the
point that it was apparent that Dwyre was delaying without intending to
retract. We did not intend to file the complaint if Dwyre made a public
retraction, so we did as the pastor requested.
By early
February, it was clear that Dwyre did not plan to retract. And, breaking the
Knights' public silence, Grand Knight Wells adamantly refused to expel him.
"I recently received a letter from Br. Bob Warner, who lives in New York,
but remains a member of Fr. Nudd Council," began Grand Knight Wells in the
February issue of the council's monthly newsletter, portions of which were
quoted previously in this piece. "He had just heard about Br. Mike Dwyre's
Pro-Choice position during the recent election and was disturbed that he had
not read anything about it in the newsletter. Bob is correct, I should have
mentioned something before this to explain my position. I will do that now.
Mike does support Pro-Choice. He has appropriately stepped down as vocations
director, but wishes to remain a member of the Knights of Columbus. I will not
expel him."
So, in early
February, just after Grand Knight Wells sent out his explanation of why he
would not expel Dwyre, he received by certified mail a five-page complaint
signed by four Knights, three of whom were members of his council, Mark
Cassandra, Joe Ryan, and Ron Savage, and the fourth being me. A fifth man,
Steve Halter, was unable to sign because he had already resigned in disgust
from the Knights and from his position as the council's prolife director.
Section 172
required Wells to transmit a copy of the charges to Dwyre within five days.
Despite his stand in the newsletter, Wells had no discretion. I called him and
confirmed he had given a copy to Dwyre. Section 173 then gave Dwyre 10 days to
notify the Grand Knight in writing whether he pled guilty or not guilty. If
within that time he pled guilty or failed to plead to the charges, Section 173
requires the Grand Knight to impose the penalty provided by law, which, in the
case of the charges we set forth, is suspension or expulsion.
Dwyre, upset
about the sentence in the complaint that said the pastor said the situation
constituted scandal, promptly went to see Fr. O'Brien and asked him to
"withdraw" it. Fr. O'Brien declined, saying it was nothing personal,
just a statement of fact.
Several days
later, Dwyre, Wells, the trustees of the council, and Gerry Torrey, the
District Deputy, met with Fr. O'Brien. To their credit, all of the Knights,
including Grand Knight Wells, reportedly urged Dwyre to retract his position
publicly, thus obviating any question of scandal, and truncating the
proceedings. According to one of the participants, Dwyre equivocated, saying
that he personally believes abortion is wrong, but that a retraction would be a
political act. Dwyre remains active in local politics. No modern day St. Thomas
More, Dwyre wanted to avoid signing a retraction to preserve his career as a
Democratic politician. The attendees also requested that Fr. O'Brien give Dwyre
more time to consider retracting before he had to plead. Fr. O'Brien suggested
they instead speak to those who signed the complaint to see whether they would
be amenable to an extension of time in which Dwyre had to reply to the charges.
When the meeting ended, Rick Morin, a trustee and a Past Grand Knight, was to
draft a form of retraction for Dwyre to consider signing and publishing as an
ad in the same newspaper in which he had run his political ad and letter.
Dwyre then
responded to the complaint, but I got a runaround when I requested a copy from
Wells and from Torrey, to whom Wells gave the complaint and Dwyre's answer as
required by the K of C's laws. Torrey said he had only received an unofficial
copy, and that Wells had 10 days to get him an official one. He had sent the
unofficial copy to officials in the K of C's statewide organization, and their
attorneys were reviewing the complaint and answer. This was probably the first
proceeding of this type that Torrey had been involved with, and he was buying
time to figure out what to do. Torrey suggested I call Wells for a copy of
Dwyre's response, but Wells would not give it to me without talking to Torrey.
I never got one. The K of C's laws are not designed so that complainants can
insist that they be informed of the progress of the proceedings. Once the
complaint is filed, it is out of their hands. In our case, we learned things
from K of C officials only when we asked, and the information often seemed to
be given grudgingly, especially at the beginning. Mike Dwyre was the
"friend," we were the trouble makers. As one Knight told me, I was
Enemy No. One.
I waited 10 days
so that Torrey would get his official copy before calling him again. He said
the matter was at state and at Supreme, and that Supreme had instructed him not
to give out a copy of the answer until the clergy and pastor had ruled on the
question of whether the allegations properly alleged scandal. In response to my
questions, Torrey acknowledged that he had met with the pastor, Fr. O'Brien,
who had confirmed the situation constituted scandal.
Section 174 of
the Knights' laws provides that the District Deputy "shall examine the
charges and the evidence offered to sustain the same. If, in his judgement, a
prima facie case may be made against the accused, he shall within 10 days of
the reception of such charges, appoint a trial committee, and the council shall
be considered the prosecutor." So I waited another 10 days, and then on
March 12, I called Torrey again. This time he seemed more cordial, as if a
weight was lifted from his shoulders. He said that he was in the process of appointing
the trial committee, that two Knights had agreed to serve, and that he was
awaiting a response from a third.
The next Sunday
I introduced myself to Grand Knight Wells at a breakfast sponsored by the
Knights. He too seemed cordial. He told me that Bill Hassan was on the trial
committee, but that he could not remember who else was. Hassan, a Past Grand
Knight, had been the parish's prolife chairman under a prior pastor, only to
resign because he believed the parish was not aggressive enough. An attorney, Hassan
had frequently volunteered his services to defend prolife activists in the
courts. If there was any question whether the Knights were proceeding in good
faith, Hassan's appointment dispelled the doubt. Wells had not spoken to Hassan
about the proceedings, telling me he thought it best not to become involved as
someone might think he was trying to influence the outcome.
Within 15 days
of its appointment, the trial committee sent Dwyre a citation to appear and
stand trial. The trial had to take place within 10 to 30 days thereafter. The
trial committee takes all evidence in writing. Hassan said he had as little
guidance on the procedure to follow as in anything he had ever done. Tom
Trudeau, the council's Advocate, prosecuted the case, which included a short
formal statement dated March 30 to Trudeau from Fr. O'Brien, the pastor. Fr.
O'Brien wrote:
For the record, I do hold firmly that Mr. Mike Dwyre's statements concerning abortion during his recent campaign were indeed scandalous. He made it appear that one may be a good Catholic and a member of the Knights while publicly rejecting the oft-repeated, moral guidance of the Church in the area of the most fundamental right of all - the right to life.
To deny the Commonwealth's duty to defend the right to life is evasive and inconsistent. Does he deny the state's duty and right to protect the battered child in the home? Why not, then, in the abortuary?
I do not agree with your statement that the layman has no right to judge what is scandalous and what is not. I say you have a right and a duty to do so. You may not judge the hidden recesses of the soul. But a man's statements, actions and inconsistencies you may and must judge.
To rule on the applicability of your own constitution and bylaws in a given situation, is your responsibility as Knights. To use the dread censure of excommunication is the business of the bishops. They are clearly distinct situations.
Fr. O'Brien's
statement gave the Knights no room to wiggle away from their responsibility.
The situation was the antithesis of that presented by Cardinal Mahony's
intervention on behalf of Congressman Roybal. Either the Knights disciplined
Dwyre or they spit in the eye of the pastor.
Throughout the
trial process, the complainants were not consulted, asked to produce further
evidence, or informed of the proceedings officially. As I noted earlier, once
the complaint was filed, we were out of the loop, and except when we inquired,
in the dark. We, for example, learned that Trudeau had solicited a statement from
the pastor, but we did not learn of the contents of that statement until after
the judgment in the case, and then not from the Knights.
Ten days from
the close of the trial, the trial committee must forward all papers in the case
to the Grand Knight, along with their finding of guilty or not guilty; if
guilty, the trial committee also fixes the penalty as provided in the Order's
laws. At the next meeting of the council, the Grand Knight must pronounce the
decision and the penalty.
No word of the decision leaked. The trial committee
met but their decision was not announced at the next council meeting, which
occurred in early May, before it was mandatory for the committee to render a
decision. Dwyre was at that meeting, as was his custom. Two weeks later, on May
20, the council met again in its regularly scheduled meeting. About 25 Knights
attended, but not Dwyre. Joe Ryan and Ron Savage, two of the Knights who signed
the complaint, were there. Grand Knight Wells read a short announcement: A
Knight (he did not identify him) had been sentenced to an indefinite suspension
after a trial committee found him guilty of giving scandal. No one had to ask
who that Knight was.
After all the
flak the Knights have taken - for their failure to expel prochoice Knights as
not meeting the requirement that Knights must be practical Catholics - one
might think the Order would be eager to rehabilitate its somewhat sullied image
by publicizing a case in which a prochoice Knight was suspended for scandal.
But the decision to suspend Dwyre has received no publicity thus far. And Grand
Knight Wells, to whom the trial committee forwarded all papers, refused my
request to review the written record of the proceedings while I was writing this
piece, saying "We are not eager to have a lot of articles written. The
guidance we are getting is: it is not available." Perhaps the Knights are
hoping the problem of prochoice Knights will just go away by itself. More
likely, they fear that publicity or a series of complaints and trials could
sidetrack the Order from its charitable works and insurance sales.
Dwyre has 60
days to appeal his suspension to the Board of Directors of the Knights if he
chooses to do so. That board's mandate requires it to "cause the laws of
the Order to be faithfully executed." It has "full power and
authority to interpret" the K of C's laws, and its determination on appeal
is final.
Several Knights
wondered whether suspension, rather than expulsion, was appropriate. An indefinite
suspension seems appropriate to me: it allows Dwyre to become active in the
Knights again if he counteracts his scandal by publicly retracting his
prochoice posture. It is his choice: does he want to be a Knight or does he
want instead to be a politician who is a friend to the abortionists? No longer
can he be both. It is a choice all publicly prochoice Knights should have to
face.![]()
James G. Bruen, Jr. is an attorney.
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This article is excerpted from the e-book Errant Knight: The Scandal of Prochoice Knights, which also includes a response from John Cardinal O'Connor, discussion of efforts to oust Gov. Mario Cuomo from the Knights, and changes to the Knights' rules that made proceeding against proabortion Knights more difficult.
The K of C prides itself on
its prolife stance and prolife activities, and Knights are supposed to be
"practical" Catholics. Nevertheless, the K of C includes men who are
publicly and adamantly proabortion or prochoice. Errant Knight: The Scandal
of Prochoice Knights by James G. Bruen, Jr., must reading for Knights and for all interested in the K of
C. Give a copy of this short book to every Knight you know. Former #2 Amazon Best Seller in Books on Abortion and Birth Control and #1 Hot New Release. e-book for Kindle. $2.99. Read
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