...The class action, O’Connell v. Conference of Catholic Bishops, threatens to violate the Constitution’s church autonomy principle. The lawsuit started several years ago with Peter’s Pence, a special collection that since the Middle Ages has been taken up by the Roman Catholic Church. It goes directly to the papacy to support the projects and activities of the pope. Lead plaintiff David O’Connell donated to the Peter’s Pence collection after being invited to make the offering during Mass. But he now complains that he was misled. He says that he thought that the church was going to use this for charitable purposes, which he understood to be direct aid to the needy. Only later, he says, did he learn that a substantial part of the Peter’s Pence collection went into long-term investments and supported church infrastructure. And so he decided that he would seek the return of his money by bringing a lawsuit, claiming that he was deceived into thinking that his donations supported charity.
The case was filed in federal court seeking the recovery not only of O’Connell’s donations, but all donations from a class of people who also claimed to be confused about the uses to which Peter’s Pence donations would be put. This class action lawsuit was aggressive; it was creative, but the church thought that it had a strong counter-argument: the church autonomy doctrine. If a court is to decide what counts as a charitable contribution, it would have to take positions on matters of church doctrine and governance. It would have to second-guess the internal decision-making of church leadership on how best to utilize the funds of the Roman Catholic Church and of the papacy in particular.
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