Friday’s civil hearing to determine if Tarrant County has jurisdiction over a lawsuit filed against Fort Worth’s bishop and Catholic Diocese was short-lived.
Minutes into the hearing, Judge Don Cosby, for Tarrant County’s 67th District Court, told the courtroom Friday morning that there is a “crucial evidentiary issue” that must be resolved before Crosby can make a decision and rescheduled the hearing to June 27. Attorneys representing Bishop Michael Olson and Mother Superior Teresa Agnes Gerlach did not comment on the specific evidence or issue with it.
Gerlach was head of the Monastery of the Most Holy Trinity in Arlington, which is home to discalced carmelite nuns, a branch of the Roman Catholic Carmelite religious order who wear sandals instead of shoes as a sign of their poverty and simplicity.
The hearing originally scheduled on Friday was meant for the judge to determine if the 67th Judicial District Court has the power to make legal decisions regarding a lawsuit and temporary restraining order filed May 3 by Gerlach and her primary caregiver, Sister Francis Terese, against Bishop Olson and the Diocese of Fort Worth. The suit is seeking $1 million in damages and alleging that the bishop invaded their privacy, according to the restraining order application.
Micheal Anderson, an attorney representing the bishop and diocese, argues that the issue is entirely ecclesiastical, meaning that it’s related to the laws of the church.
Matthew Bobo, the attorney representing the nuns on civil matters, left the courtroom after the hearing without commenting on the evidentiary question before the court.
Gerlach and Terese alleged in their lawsuit that Olson visited the monastery on April 24 with 30 minutes of prior notice. The bishop was accompanied by Sandra Schrader-Farry, director of safe environment for the Catholic Diocese, and the Rev. Monsignor E. James Hart. The suit alleges that Schrader-Farry “allowed an unnamed male forensic technology person into the Papal Enclosure of the Monastery,” which is reserved only for female members and demanded that Gerlach “turn over her computer, iPad and cellular phone, to him personally,” according to the restraining order application.
The suit comes after Bishop Olson dismissed Gerlach of the monastery, alleging that she was guilty of breaking her chastity vow with a priest from outside the Diocese of Fort Worth, according to a statement released by the Catholic Diocese of Fort Worth on May 16. The statement said such allegations are in violation of the Sixth Commandment, which states that “you shall not commit adultery,” according to the Catechism of the Catholic Church.
Anderson said his legal team had evidence they wanted to bring to the courtroom that this case falls within canon law, a set of rules and policies set by the church that determine how religious disputes are resolved.
“This is an ecclesiastical internal church and government matter and, therefore, this court really isn’t the proper view. That’s no disrespect to the court. But this is a matter for the Vatican,” Anderson said.
The legal team representing the carmelite nuns are asking for help from canonical lawyers to look at the evidence before proceeding with the hearing, Anderson said on Friday outside the courtroom.
Canon lawyers are those who address issues or disputes related to the Catholic Church.
“Canon lawyers can advance or argue their position within church tribunals. But you know, American civil law is not subject to Canon Law. Those are two separate tracks,” said Matthew Wilson, associate professor of political science at Southern Methodist University. Wilson’s work focuses on religion and politics.
Though the civil hearing is delayed until June 27, canon law procedures can continue if the Carmelites believe the bishop has exceeded his ecclesiastical authority or has behaved improperly in the exercise of his church office, Wilson said.
A June 1 decree released by the Catholic Diocese of Fort Worth says that Mother Teresa Agnes has 30 days to appeal the bishop’s decision to dismiss her to the Dicastery for Institutes of Consecrated Life and Societies of the Apostolic Life, which is a group within the Vatican that oversees matters relating to religious orders.
“They can make that case to the Vatican, they can make that case to Rome, and that could be adjudicated under canon law. But that’s not something for a civil court to get involved with. The American civil court has no authority or competency to decide whether someone has acted properly under canon law,” Wilson said.
Correction, June 24, 2023: A previous version of this story misspelled the name of 67th District Court Judge Don Cosby.
Marissa Greene is a Report for America corps member, covering faith for the Fort Worth Report. You can contact her at marissa.greene@fortworthreport.org or on Twitter at @marissaygreene.
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