CHARLOTTE — Legal cases involving decades-old allegations of child sexual abuse against defendants including the Diocese of Charlotte moved forward in court in recent weeks, as North Carolina’s two-year “revival” period for historical abuse claims comes to an end on Dec. 31.
On Dec. 20, a panel of Superior Court judges declared unconstitutional part of a new law that temporarily suspended the state’s statute of limitations to allow adults who allege they were sexually abused as children to sue in civil court.
The provision is part of the 2019 SAFE Child Act and allowed for the filing of certain claims of abuse in 2020 or 2021, even if the statute of limitations had already expired. Claimants across North Carolina used the revival provision to file claims against alleged abusers and their employers, including the diocese and other churches, schools, YMCA, Boy Scouts, and a volunteer fire department.
But in lawsuits filed against a wrestling coach and a firefighter – and their employers – the panel of judges ruled 2-1 that the revival provision violates the state constitution’s “Law of the Land Clause.” The judges wrote that previous case law recognizes that the North Carolina Constitution gives defendants the right not to be sued after a certain period of time, and that the constitution bars the General Assembly from reopening the statute of limitations, even for “meritorious causes of action.”
The defendants’ attorneys argued it is unreasonable to try to mount a defense after a lengthy period when relevant evidence has been lost or destroyed over time, people and witnesses involved have died or otherwise become unavailable, and the memories of witnesses who are around have faded.
It is unclear what impact the ruling might have on other claims still pending in state courts, including those against the Charlotte diocese, because an appeal is expected.
In separate rulings earlier this year, judges dismissed three historical abuse cases filed against the diocese in Mecklenburg County Superior Court, after legal arguments cited a variety of flaws in the cases, in addition to the constitutionality question. All are now on appeal.
In total, seven lawsuits involving historical abuse claims have been filed against the Charlotte diocese during the two-year revival period, from January 2020 through Dec. 28, 2021. That includes the three cases now dismissed and four still in early stages.
The lawsuits accuse six clergy members of abuse ranging from 20 to 40 years ago. They also allege the diocese was negligent in its supervision of the clergy at the time. All of the accused clergy were long ago removed permanently from ministry, except one: Jesuit Father Francis P. Gillespie. Allegations against Gillespie of abuse in the late 1990s at Our Lady of the Assumption Parish were made known by the claimant only recently, and Gillespie – who was most recently assigned to the Diocese of Raleigh – was immediately placed on administrative leave pending investigation. Details are available online at www.bit.ly/32od5NT.
The other five accused in the revival lawsuits include Charlotte diocesan priests Donald Baker, Richard Farwell and Joseph Kelleher (deceased), and two others assigned to work here by their supervising religious orders: Father Robert Yurgel (New Jersey-based Capuchin Franciscans) and lay missionary Al Behm (Ohio-based Glenmary Home Missioners).
All five were included on the diocese’s accountability website published in 2019. The known allegations against them also were reported to police – and to the public. Farwell pleaded no contest to related criminal charges, while Yurgel pleaded guilty and served time in prison. Criminal charges were dropped in 2014 against Kelleher, who was ailing and died soon afterwards. Criminal charges were not filed in the other cases.
“We continue to pray for victims of child sexual abuse and their families and have zero tolerance for abuse in the Charlotte diocese,” said Monsignor Patrick Winslow, vicar general and chancellor of the diocese. “It is also important to understand that we’re dealing with abuse allegations from many years ago. We have strict child protections in place today to guard against abuse in all of the diocese’s churches, schools and facilities.”
“At the same time,’’ Winslow said, “it is critical that we hear from people who were abused by clergy – no matter when it may have occurred. It is equally important that appropriate resolutions are determined under the law so there can be healing for victims and for the Church.”
Winslow stressed that the diocese reports allegations of child sexual abuse to local law enforcement, and immediately removes from ministry any active clergy pending investigation. Since the U.S. bishops’ Charter for the Protection of Children and Young People was adopted in 2002, the diocese has spent more than $293,000 for counseling and medical treatment for victims of sexual abuse by clergy. It also has invested nearly $1.7 million in its Safe Environment training and background checks – required for all employees and volunteers to help them recognize signs of abuse and follow best practices in protecting children.
To promote healing and demonstrate transparency, the Diocese of Charlotte in 2019 commissioned an independent review of its personnel and other historical files to search for and publish credible allegations of sex abuse by clergy. The diocese published its accountability website, www.accountability.charlottediocese.org, with abuse statistics, timetables and resources – as well as a list of clergy members who had been credibly accused of child sexual abuse since the diocese was founded in 1972.
The website also included a separate list of clergy who had served in the Charlotte diocese without reported incident but were later accused of abuse elsewhere.
Monsignor Winslow said the diocese is researching allegations made in the lawsuits and will update its accountability website where appropriate. For example, he said, lay missionary Al Behm is included on the list of clergy accused of abuse elsewhere but would be moved to the Charlotte list if local allegations made known in a February 2021 lawsuit are found to be credible.
North Carolina was the first state in the South to pass a revival provision, also known as a “lookback window.” A number of states have adopted similar legislation, in some cases prompting dozens or hundreds of lawsuits.
North Carolina’s SAFE Child Act aims to better protect children from sexual abuse in communities and online. Its provisions include changes to North Carolina mandatory reporting requirements, new criminal penalties for abusers, prohibitions from predatory online behavior, and extended timeframes under which victims can bring criminal and civil claims for sexual abuse.
But it is the legislation’s revival provision that is at issue in most cases filed during the two-year revival period.
“Statutes of limitation are deeply embedded in our legal system to help ensure claims are brought in a timely way and that the best evidence can be presented to a jury,” said Josh Davey, an attorney representing the diocese. “It is really difficult for any employer to go back decades to interpret records, if any exist, and in many cases there are no witnesses available to help pull together a picture of what happened and whether the employer was involved at all.”
Beyond the constitutional question, a judge in October dismissed one of the lawsuits against the diocese for negligence related to alleged abuse in the early 1980s by Behm, the lay missionary assigned to work in western North Carolina by his religious order.
Mecklenburg County Superior Court Judge Daniel Kuehnert found the revival provision allows for claims against alleged abusers, but does not open the door to claims of negligence against abusers’ employers.
In his ruling, Kuehnert wrote the SAFE Child Act “appears to this court to be narrow and limited to claims against perpetrators of child sexual abuse,” and that claims against the diocese for negligent supervision “do not fall within the scope” of the law. The case is on appeal.
The other two suits dismissed against the diocese, in January 2021, also were cases in Mecklenburg County Superior Court. Both claims of negligence by the diocese – for alleged abuse by priests Farwell and Kelleher – had been previously decided in court. Both were dismissed in 2014 because the statute of limitations had expired, but the cases were refiled under the revival provision. In January, attorney Davey argued the revival provision does not extend to cases in which a final judgment had previously been rendered in court. Those cases are also on appeal.
— Catholic News Herald
Local, national marches resume in 2022
CHARLOTTE — The COVID-19 pandemic made giving public witness to the sanctity of all human life more challenging over the past two years.
Now that restrictions on larger gatherings have eased, pro-life advocates are encouraging people to attend March for Life events locally, and if possible, in the nation’s capital.
Mass and March for Life Raleigh
The Diocese of Raleigh will host its annual Mass and March for Life Raleigh Saturday, Jan. 15. Mass begins at 11 a.m. at Holy Name of Jesus Cathedral, located at 715 Nazareth St., Raleigh. The rally and march begins at 1 p.m. in Bicentennial Plaza. For details, go to www.ncrtl.org/rally-and-march-for-life.
More information
Questions about pro-life activities happening in the Diocese of Charlotte during January? Contact Jessica Grabowski, director of the diocese’s Respect Life program, at This email address is being protected from spambots. You need JavaScript enabled to view it. or 704-370-3229.
D.C. March for Life
Thousands of pro-life advocates from all over the country are expected to travel to Washington, D.C., for the national March for Life on Friday, Jan. 21. Organizers say it’s the largest annual human rights demonstration in the world.
The theme for the 2022 March for Life is “Equality begins in the womb.”
A rally will be held at noon on the National Mall, then at 1 p.m. participants will march up Constitution Avenue to the U.S. Supreme Court to pray.
Parishes from around the diocese are making plans to send busloads of parishioners to participate in various March for Life events Jan. 20-21.
Raleigh Bishop Luis Zarama will offer the annual Mass for Life for North Carolina pilgrims to the march, starting at 11:30 a.m. Friday, Jan. 21, at the Basilica of the National Shrine of the Immaculate Conception. Priests from both the Charlotte and Raleigh dioceses will concelebrate.
— SueAnn Howell, Senior reporter
Annual March for Life still on this year in Washington
WASHINGTON, D.C. — The 49th annual national March for Life -- with a rally on the National Mall and march to the Supreme Court Jan. 21 -- will go on as scheduled this year amid a surge in the omicron variant in the nation's capital.
Outdoor events are not affected by the District of Columbia's vaccine mandate for indoor gatherings, but participants should expect to wear face masks. Indoor events associated with the annual march will have to comply with city COVID-19 restrictions.
The national Pro-Life Summit, sponsored by Students for Life, is also scheduled to take place Jan. 22 at Washington's Omni Shoreham Hotel. The event will feature former Vice President Mike Pence as its keynote speaker. Pence has been a frequent March for Life speaker, and in 2020 he introduced President Donald Trump at the event's rally.
The March for Life has canceled its three-day Pro-Life Expo and is combining two planned Capitol Hill 101 panel discussions Jan. 20 into a single event. The organization is still holding its annual Rose Dinner Gala.
Participants who are 12 and older attending the panel discussion or dinner will have to provide proof of receiving one COVID-19 vaccination by Jan. 15, or, if they are seeking a medical or religious exemption, they must have proof of a negative COVID-19 test within 24 hours of the event.
The Pro-Life summit is also requiring proof of COVID-19 vaccination following the city's regulations. The summit, which in previous years has drawn more than 2,000 high school and college students, notes on its website that it is accepting vaccine exemptions "for a strongly (or sincerely) held religious belief ... in writing or orally" and it is also requiring masks at all events.
March for Life never projects attendance figures, but an informal survey by Catholic News Service of a few groups planning to attend this year's march indicates that the turnout may approach pre-pandemic levels.
Last year's march was turned into a virtual event due to the pandemic and the violence at the Capitol on Jan. 6. Only an invited group of 80, joined midway by more than 100 others, marched from the nearby Museum of the Bible to just behind the Supreme Court. It was the first outdoor event in Washington since the Capitol violence, with both the Capitol and Supreme Court surrounded by high fences.
In previous years, total attendance for the rally and march up Constitution Avenue was estimated to be as high as 100,000.
"We have nearly 250 students and faculty headed to D.C.," said Ed Konieczka, assistant director of university ministry at the University of Mary in Bismarck, North Dakota. "That is five full buses -- our largest contingent since leading the march in 2017."
A similar number was estimated by organizers of the bus caravan for the Diocese of Fort Wayne-South Bend, Indiana.
However, the Diocese of Manchester, New Hampshire, decided in December 2021 that the COVID-19 risk was too high to sponsor a bus caravan.
Bevin Kennedy, diocesan secretary for communications, cited "the difficulty of monitoring and mitigating the COVID risk with a group of over 100 participants."
The march is held annually on a date nearest the anniversary of the Supreme Court's Roe v. Wade decision, which legalized abortion.
The first march was held Jan. 22, 1974, organized by Nellie Gray, a government lawyer, and the Knights of Columbus. The idea was to form a "circle of life" around the Capitol and the Supreme Court. Jeanne Mancini assumed leadership of the March for Life Education and Defense Fund after Gray died in 2012.
This year's theme is "Equality Begins in the Womb." The rally is scheduled to begin at 11 a.m. with a performance by singer Matthew West. The march starts at 1:15 p.m. after the political speeches are completed.
There is considerable anticipation that this year's march could be the last one with the Roe decision hanging in the balance.
Later this year, the Supreme Court will announce its decision in the Dobbs v. Jackson Women's Health Organization, an appeal by Mississippi to remove a lower court's injunction on its law banning most abortions after the 15th week of pregnancy.
If the court rules in favor of the state law, it will effectively overturn Roe v. Wade and send abortion laws back to the states.
— Kurt Jensen, Catholic News Service
March for Life Charlotte
The 16th annual March for Life Charlotte was held Friday, Jan. 14, to mark the anniversary of the 1973 Supreme Court decision in Roe v. Wade that legalized abortion. Part prayer vigil, part public march, the event is meant to be a time of prayer to call attention to the more than 63 million lives lost to abortion since 1973, and the need to end the tragedy of abortion.
It began with a 9 a.m. Mass for the Unborn offered at St. Vincent de Paul Church, located at 6828 Old Reid Road in Charlotte.
At noon the march kicked off from the Pastoral Center towards Independence Square at the corner of Trade and Tryon streets.
Father Ernest Nebangongjoh, parochial vicar at St. Patrick Cathedral in Charlotte, preached during a brief program in Independence Square.
Dr. Matt Harrison, a Catholic physician who pioneered the abortion pill reversal procedure, also spoke.
Then the rosary and Chaplet of Divine Mercy was prayed to conclude the march.
See the full schedule and other details at www.marchforlifecharlotte.org.
For inquiries, contact Tina Witt with March for Life Charlotte at This email address is being protected from spambots. You need JavaScript enabled to view it. or at 704-301-2531.
Celebrations begin Jan. 12 with Masses at cathedral, across diocese
CHARLOTTE — In a celebration of faith across western North Carolina, the Diocese of Charlotte will commemorate its 50th anniversary throughout 2022 – beginning in January with a special Mass and Holy Hour across its 92 parishes and missions.
The yearlong observance, themed “Faith more precious than gold” (1 Peter 1:7), will feature a variety of events and activities including 50 Acts of Charity, a Marian Pilgrimage to 100-plus sites, Catholic Family Day at Carowinds, Charlotte Knights baseball and more.
Bishop Peter Jugis will formally open the 50th anniversary year on Wednesday, Jan. 12, at St. Patrick Cathedral in Charlotte. A Holy Hour will be offered at 5:30 p.m., followed by the Holy Sacrifice of the Mass at 7 p.m. It also will be livestreamed on the diocese’s YouTube channel, www.youtube/DioceseofCharlotte.
In a spirit of unity and communion, parishes also will offer Masses and a Holy Hour Jan. 12. Parishioners should check their parish’s bulletin or website for details.
“Our parishes will play the most significant role in our anniversary celebration since it is our parishioners and priests, along with our deacons and consecrated religious, who – with the grace of God – have allowed this diocese to thrive for 50 years,” Bishop Jugis told the Catholic News Herald. “With their creativity and passion, our parishes will find fitting ways to localize and acknowledge this special moment in our history, and we hope everyone will join us.”
In a recent letter proclaiming the anniversary year, the bishop noted that the celebration is particularly needed given current times.
Opening Mass Worship Aid
“During the pandemic, we have lived through a period of many trials, difficulties, and obstacles,” he wrote. “By God’s mercy, we continue to prevail. After much separation and isolation, we have in God’s providence the ability to come together in celebration of our unity as one family of God.
“During this year...we will celebrate in the present with joy and devotion; we will have the opportunity to recall our past and celebrate our diocese’s history; and we will resolve to strengthen our diocesan family and look for even greater ways to glorify God.”
Bishop Jugis is the diocese’s fourth and longest-serving bishop, installed in 2003, and has presided over significant multicultural growth among Catholics and communities from Greensboro to Murphy, in the westernmost tip of North Carolina. Now with more than 515,000 Catholics, the diocese is among the fastest growing in the country.
Launching in early January, the special anniversary website www.faithmorepreciousthangold.com will showcase the diocese’s history, treasured sites and communities that make the diocese what it is today.
The website will help visitors track parishes’ progress toward performing 50 Acts of Charity in their communities in acknowledgment of the anniversary and in addition to their ongoing charitable work.
Visitors can also follow a Marian pilgrimage featuring a special statue of Mary, Mother of God – the diocese’s patroness – that will visit parishes, schools and other Catholic sites throughout the year.
Events and programs will highlight the diocese’s shared faith and history, as well as its diversity and progress. The 2022 Eucharistic Congress, scheduled for Aug. 5-6 at the Charlotte Convention Center, will be a central highlight. Started by Bishop Jugis in 2005, the Congress serves as a “family reunion” that now draws well over 10,000 Catholics to celebrate Christ’s Real Presence in the Eucharist.
The Charlotte diocese was formally established on Jan. 12, 1972, when Bishop Michael Begley was ordained and installed as the first Bishop of Charlotte. The diocese was carved out of the Diocese of Raleigh, which previously encompassed the entire state – splitting North Carolina into two dioceses, each with approximately 30,000 Catholics at the time.
The bishop noted in his proclamation, “My brothers and sisters, let us recall once more that anything we celebrate in this anniversary year is a celebration of Christ. Whatever is good and praiseworthy in the diocese, which is composed of many branches connected to the true vine, comes from God.
We are His instruments and cooperators in carrying out His message of love and reconciliation.
And as Mary, the patroness of our diocese, is so closely connected with her Son’s work for our salvation, we also draw close to her in this special year of grace. May Christ’s hand guide our endeavors, and may Mary’s mantle always protect our work to further Christ’s Kingdom.”
— Catholic News Herald
Parishioners at St. James Catholic Church in Louisville, Ky., use collection baskets April 4, 2021, amid the coronavirus pandemic. (CNS photo/Amira Karaoud, Reuters)CHARLOTTE — Catholics in the Diocese of Charlotte will join in the worldwide effort to support missions in the United States and abroad in the Combined Mission Collection that will be taken up at Masses in all parishes the weekend of Jan. 15-16.
This annual collection funds five initiatives: the Collection for the Church in Latin America, the Collection to Aid the Church in Central and Eastern Europe, the Catholic Home Missions Appeal, the United States Mission Appeal (Black and Indian Missions) and the Solidarity Fund for the Church in Africa.
“‘I will make you a light to the nations that my salvation may reach to the ends of the earth.’ Words from the Book of the Prophet Isaiah continue to speak to us in our day. We are all called to bring the Good News of salvation to the ends of the earth,” Vicar General and Chancellor Monsignor Patrick J. Winslow said in a letter to parishioners. “The 2022 Combined Mission Collection, which will be taken at Masses on the weekend of Jan. 15-16, gives each of us an opportunity to reach out to people throughout the world.”
Last year when fewer people were attending Mass because of the pandemic, donations totaled $186,985 to this special collection. The prior year, donations totaled $272,834. Here is how donations to the Combined Mission Collection make a difference:
- The Collection for the Church in Latin America funds formation programs for priests, religious, lay leaders, missionaries and pastoral workers. It also and supports the Church’s work with the poor in the poorest areas of Latin America.
- The Collection to Aid the Church in Central and Eastern Europe helps to rebuild the Church in those countries where communism once prohibited public acts of religion.
- The Catholic Home Missions Appeal provides funding for evangelization efforts in remote parishes throughout rural America.
- The United States Mission Appeal supports evangelization programs among African Americans and Native Americans in almost every diocese in our country.
- The Solidarity Fund for the Church in Africa supports the pastoral works of the Church through grants for projects such as pastoral care for the sick, evangelization, youth ministry, religious education and peace-building workshops.
— Kimberly Bender, Online reporter
Other special collection dates for 2022
- April 16-17 (Easter Sunday): Seminarian Education Collection (first of two). The Seminarian Education Program, in which 45 men are currently enrolled, is mostly funded through the annual Diocesan Support Appeal, the Friend to Seminarians Program, and this collection.
- May 14-15: International/National Combined Collection. Donations received from this collection benefit five organizations: Catholic Relief Services, Collection for the Holy Land, Collection for the Works of the Holy Father (Peter’s Pence), The Catholic University of America and the Catholic Communications Campaign.
- Aug. 27-28: Archdiocese of Military Services Collection. This collection, taken up every three years, will fund its co-sponsored Seminarian Program, which identifies vocations within the military and is now educating men for the priesthood and subsequent military chaplaincy.
- Sept. 24-25: Priests’ Retirement and Benefits. This collection, taken up the weekend after the Eucharistic Congress, goes to support the Diocese of Charlotte’s diocesan priests actively serving the faithful of western North Carolina, and religious order priests, for whom retirement contributions will be made.
- Oct. 22-23: World Mission Sunday (Propagation of the Faith). This collection supports the work of the Church in its missions around the world.
- Nov. 5-6: Seminarian Education Collection: The Seminarian Education Program, in which 45 men are currently enrolled, is primarily funded through the annual Diocesan Support Appeal, the Friend to Seminarians Program and this special second collection.
- Nov. 19-20: Catholic Campaign for Human Development. This collection funds the Catholic Campaign for Human Development, established by the U.S. Conference of Catholic Bishops to help break the cycle of poverty by funding organizations that help people help themselves. With its mission of improving education, housing situations and local economic development, the CCHD continues to make a positive impact in communities nationwide. Twenty-five percent of the funds from this collection are put to use in the Charlotte diocese.
- Dec. 10-11: Religious Retirement. This appeal, coordinated by the National Religious Retirement Office, offers support for senior Catholic sisters, brothers and religious order priests whose communities lack sufficient retirement funding. Nationally, some 27,000 women and men religious who are past the age of 70 benefit.