Holy Apostles Parish appeal of sex abuse assessment upheld
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In the past year, Holy Apostles Parish has seen its closure and, more recently, its assessment to help pay for the Diocese of Buffalo's $150 million settlement with child sex abuse survivors overturned by the Dicastery for Clergy.
The Save Holy Apostles Parish group announced via Facebook on Wednesday that the parish had received a letter from the Vatican ruling in favor of its assessment appeal, revoking Bishop Michael Fisher's decree and ordering the return of any money already transferred to the diocese to be returned to Holy Apostles. The Dicastery for Clergy said in its decision that the diocese didn't follow proper processes outlined in Canon Law.
Holy Apostles was being assessed $1.3 million, or 80% of the parish's unrestricted cash and assets, when the assessment was first announced in the summer of 2025. That rate was being used for any church scheduled for closure or merger, which was the case for Holy Apostles at the time. The reversal of Holy Apostles Parish's assessment is the latest in several such rulings by the Dicastery for Clergy, including this month's announcement regarding St. Brendan on the Lake in Newfane. Earlier this spring eight Catholic parishes across Western New York were told they no longer had to contribute to the Diocese of Buffalo's bankruptcy settlement, following a ruling from the Vatican.
Main points in the Holy Apostles’ decision, according to the Save Holy Apostles Parish group, include the assessment amount exceeding what is normally allowed under Canon Law even though a pastor or parish administrator is able to gift money from the parish. Language in the diocese's announcements and other aspects of the process made clear, according to Save Holy Apostles Parish's post, that the amounts identified by the assessment were required payments and could not be considered a gift. The Dicastery for Clergy also reasoned that while bishops are able to impose a tribute, the tribute must be for grave reasons, follow a specified process and the tributes must be “moderate and proportionate.” The Dicastery for Clergy said in its ruling that there was no evidence to suggest that the assessment amount was being requested as such a tribute and Fisher did not go through the proper procedures needed for him to request such a tribute.
Finally, the transfer of money to the St. Joseph Fund does not, in the eyes of Canon Law, qualify as the money remaining under the control of the parish as the Diocese has claimed. The act of placing the money into the St. Joseph’s account for Holy Apostles cuts off the parish’s access to the money and prevents it from being able to use the money for expenses. And, the Dicastery for Clergy noted that the transfer of the money didn't follow proper processes and was in violation of the suspension issued by the Dicastery for Clergy at the beginning of the parish's recourse against the assessment.
“The Dicastery holds that there is no licit means by which the Diocesan Bishop can involuntarily require the alienation of such a large percentage of the patrimony of the juridic person of a parish. Such a contribution can only be requested voluntarily, as the Ordinary himself has acknowledged," the Dicastery for Clergy wrote in its decision."
In late July the Buffalo News reported that the Buffalo Diocese’s Chapter 11 bankruptcy case is proceeding, with a $326 million settlement for child sex abuse victims in place and a case management order approved. That order creates procedures for parishes and Catholic-affiliated entities to file their own Chapter 11 bankruptcy cases and become additional debtors on the diocese’s case. The agreement has been agreed to by the diocese, parishes, schools, Catholic entities, more than 12 insurance companies and the Official Committee of Unsecured Creditors, which represents nearly 900 sex abuse claimants, according to the newspaper.
Save Our Buffalo Churches opposed parish contributions – like the one assessed to Holy Apostles Parish – and asked for the money to pay sex abuse claims to come from another source. An Aug. 26 court date has been set for a hearing on a disclosure statement, according to the Buffalo News.
"In the wake of this decision, I urge everyone to remember that the settlement with the victims and the bankruptcy case are still ongoing," Save Holy Apostles Parish members said in the Facebook post. "Unfortunately, it is out of the scope of my knowledge to predict how those things will resolve or to be able to give anyone concrete information on the way forward. I understand that there are likely a wide range of opinions and reactions regarding both the success of this appeal and the potential of Holy Apostles Parish contributing to the settlement. I urge everyone to remain respectful of any differences in opinion about what should come next and ask that everyone please keep in mind that justice for the victims and the protection of the parish through following Canon Law are not mutually exclusive goals."
Eight Catholic parishes across Western New York will no longer be required to contribute to the Diocese of Buffalo's bankruptcy settlement, following a ruling from the Vatican, according to advocates with Save Our Buffalo Churches.
The group said the Vatican decision overturns a directive issued by Bishop Michael Fisher that had required certain parishes to help fund the settlement, which is tied to hundreds of clergy sexual abuse claims. The affected churches are located in Erie, Genesee, and Cattaraugus counties.
The Diocese of Buffalo has been seeking financial contributions from parishes as part of its effort to meet the terms of a $150 million bankruptcy settlement related to clergy abuse allegations. The requirement had placed financial strain on some congregations.
Several of the parishes impacted by the now-reversed payments had already been facing the possibility of closure or merger under prior restructuring considerations.