Faculty’s Freedom Not Defined, Curran Case Witness Testifies

WASHINGTON — A former chairman of the Board of Trustees of Catholic University of America testified Friday that the faculty’s academic freedoms were never clearly spelled out and therefore are not binding on the administration.

“The board never defined academic freedom,” said Cardinal Joseph Bernardin, now archbishop of Chicago. “Unless they approved a statement, it is not binding.”

Court papers showed that in July, 1968, the Board of Trustees adopted a statement ensuring academic freedom at the university.

Lawyers for Father Charles E. Curran are seeking to prove that, when Catholic University revoked his right to teach theology, university officials violated his academic freedom.

Cardinal James A. Hickey, archibishop of Washington and chancellor of the university, testified Thursday that the church had the authority to decide when an ordained priest no longer spoke for the church. When the Vatican revoked his privileges, Curran was suspended by Hickey.

Msgr. Frederick McManus, a Catholic University canon law professor, said Friday that Hickey played an “honorific” role as chancellor of the school and did not have the authority to decide who should or should not teach there.

Catholic University was founded in 1885 as one of a few “pontifical universities” directly governed by the church.

Bernardin testified that the university risked severing its relationship with the church if it had not suspended Curran, who has disagreed with church teachings on homosexuality, birth control and other positions. “If we were to directly defy the Holy See,” the school risked having its charter revoked, he said.