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Ex Corde Ecclesiae and American Catholic Higher Education: The Calm Before the Storm or Dead in the Water?

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Abstract

Amid the struggle that Catholic colleges and universities, especially those in the United States, face as they seek to preserve their religious identities, Rome formally entered the fray on August 15, 1990, when Pope John Paul II promulgated the Ex Corde Ecclesiae (Ex Corde) (literally, “from the heart of the Church”). John Paul II wrote Ex Corde in an attempt to reinvigorate the debate over how Catholic colleges and universities can remain true to their religious missions while being viable institutions of higher learning wherein faculty members are free to work as researchers and teachers who can meet the same objective performance evaluation criteria as their professional colleagues in the world of academics. In reviewing the status of Ex Corde over the more than 5 years that expired since the controversy over the adoption of The Application and The Guidelines designed to implement Ex Corde began, this article is divided into three parts. The first part reviews the basic elements of Ex Corde while the second examines both the events surrounding the adoption of The Application and The Guidelines along with their subsequent (non)implementation in the United States. The third part of the article reflects on the current status of Ex Corde in American Catholic colleges and universities, revealing that its critics have little to fear for academic freedom and/or job safety unless its terms are expressly included in employment contracts—a prospect that is not even remotely on the horizon.

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References

  • Burtchaell, J.T. (1999). Out of the heartburn of the church. College and University Law 25(4), 653–695.

    Google Scholar 

  • Civil Rights Act of 1964, 42 U.S.C. § 2000e-1 (2006).

  • Code of Canon Law (1983). London; Collins Liturgical Publishers.

  • Cohen, J.S. (2006). Notre Dame Oks ‘Vagina Monologues,’ gay film festival. Chicago Tribune, pagination unavailable on line, 2006 WLNR 5734634, April 5.

  • Coyne, T. (2006). Bishop faults Notre Dame president for allowing “Monologues.” Fort Wayne (IN) News Sentinel, p. L 5, April 28.

  • EEOC v. Catholic University of America, 83 F.3d 455 (D.C. Cir. 1996).

  • Fuerherd, J. (2006). A laboratory on identity: Catholic University president seeks to make former ‘home of dissent’ into model of fidelity. National Catholic Reporter, p. A1, Nov. 3.

  • Gordon, J.D. & Durham, W.C. (1999). Toward diverse diversity: The legal legitimacy of Ex Corde Ecclesiae. College and University Law 25(4), 697–719.

    Google Scholar 

  • Gregory, D.L. & Russo, C.J. (2000). Proposals to Counter Continuing Resistance to the Implementation of Ex Corde Ecclesiae. St. John’s Law Review 74(3), 629–654.

    Google Scholar 

  • Jenkins, J.I. (2006). Closing statement on academic freedom and character. Available at http://president.nd.edu, April 5.

  • Lively, K. (2006). U.S. bishops endorse the Vatican’s policy statement on catholic colleges. Chronicle of Higher Education, pp. A 8–9, Nov. 22.

  • McBrien, R. (2000). Why I shall not seek a mandate. America, pp. 14–16, Feb. 12.

  • McEnroy v. St. Meinrad School of Theology, 713 N.E.2d 334 (Ind. Ct. App. 1999), transfer denied, 726 N.E.2d 313 (Ind. Nov 19, 1999), cert. denied, 529 U.S. 1068 (2000).

  • McMurtrie, B. (1999). How Catholic should Catholic colleges be? The Chronicle of Higher Education, pp. A16–18, Sept. 17.

  • McMurtrie, B. (2000). Vatican backs Catholic-colleges rules that spur fears over academic freedom. Chronicle of Higher Education, p. A 18, June 16.

  • Monan, D.J., Edward A. & Malloy, E.A. (1999) ‘Ex Corde Ecclesiae’ creates an impasse. America, p. 6, Jan. 30.

  • Niebuhr, G. (1999). Bishops vote for stricter ties with U.S. Catholic colleges. N.Y. Times, p. A1, Nov. 18.

  • O’Meara, T.M. & Wright, J.H. (1995). Pierre Teilhard de Chardin. In R.P. McBrien (Ed.), Encyclopedia of Catholicism (1242–1243). New York: Harper Collins.

    Google Scholar 

  • Phan, P.C. (1998). To be Catholic or not to be: Is it still the question? Catholic Identity and Religious Education Today, 25 Horizons 159 (1998).

    Google Scholar 

  • Pime v. Loyola University, 803 F.2d 351 (7th Cir. 1986).

  • Reese, T.J. (1999). The Bishops mandatum, America, p. 3, Dec. 4.

  • Russo, C.J. (1989). Academic freedom and theology at the Catholic University of America: An oxymoron? Education Law Reporter 55(1), 1–6.

    Google Scholar 

  • Russo, C.J. & Gregory, D.L. (1997). Some reflections on the Catholic University’s tenure prerogatives, 43 Loyola [of Chicago] Law Review 181–213.

  • Sargent, M.A. (2001). An alternative to the sectarian vision: The role of the dean in an inclusive Catholic law school, 33 University of Toledo Law Review 171–187.

  • Tokasz, J. & Rey, J. (2006). Can colleges stay Catholic? Area’s seven institutions confront future with fewer clergy, members of religious orders. Buffalo (NY) News, p. A1, Oct. 29.

  • United States Catholic Conference of Bishops (1999) The application of Ex Corde Ecclesiae for the United States. Available online at http://www.nccbuscc.org/bishops/application_of_excordeecclesiae.shtml.

  • United States Catholic Conference of Bishops (2001). The guidelines concerning the academic mandatum in Catholic Universities. Available on line at http://www.nccbuscc.org/bishops/mandatumguidelines.shtml.

  • Whitmore, T.D. (1995). John Courtney Murray. In R.P. McBrien (Ed.), Encyclopedia of Catholicism (896). New York: Harper Collins.

    Google Scholar 

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Correspondence to Charles J. Russo.

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Russo, C.J., Gregory, D.L. Ex Corde Ecclesiae and American Catholic Higher Education: The Calm Before the Storm or Dead in the Water?. J Pers Eval Educ 19, 147–158 (2007). https://doi.org/10.1007/s11092-007-9037-4

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  • DOI: https://doi.org/10.1007/s11092-007-9037-4

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