Judge Rules State Does Not Have Jurisdiction In Church Matter

A US Judge Has Ruled That A Civil Court Does Not Have Jurisdiction Over Canonical Matters In An Ongoing Feud Between A Religious Order And The Local Bishop...

Laudetur Iesus Christus.

Fort Worth, Texas - A Judge in the US State of Texas has ruled that his court does not have jurisdiction over a dispute between a religious order and the local Diocese. The Order has accused the local Bishop of trespass, theft and defamation.

Fort Worth Bishop Micheal Olsen. (Photo: CNS)

A judge dismissed all claims Friday from two nuns who sued the Diocese and Bishop of Fort Worth over an investigation into a report of a broken vow of chastity with a priest.

The order from Judge Don Cosby of the 67th District Court granted a plea from the Diocese, which argued the dispute was inextricably intertwined with church issues and did not belong in a civil court.

In a statement after the ruling, Bishop Michael Olson said he was grateful, and the decision "vindicates our steadfast belief that this is a private church matter."

The matter became public in May after Reverend Mother Teresa Agnes Gerlach and Sister Francis Therese reached outside their Arlington Monastery for help, claiming Olson had invaded their privacy and stolen property from the independent organization.

The Diocese later revealed it was investigating a report that Mother Gerlach had committed adultery with a priest. That led to an added claim of defamation.

A recorded conversation between Mother Gerlach and Bishop Olson was played at a hearing this week over the nun's objections, in which she said she had phone calls with a priest while he was at a Montana monastery.

Fort Worth lawyer Matthew Bobo said he was shocked by the order, which Cosby said in court he would likely not make until sometime next week. Bobo is planning to appeal the decision that the law would not allow the court to consider the nun's case.

In a separate decision Friday, the Arlington Police Department announced it had also closed its inquiry to determine if any criminal acts may have occurred connected to the situation.

Police said after investigators consulted with the Tarrant County District Attorney's office, they determined there was no probable cause for criminal charges against any individuals involved.

Investigation into Mother Gerlach's actions continues as part of the internal canonical process of the Church, where The Holy See has appointed Bishop Olsen as a Pontifical Commissary.

A diocesan statement said that the Vatican appointed the Bishop as “the Pope’s representative in this matter.” The statement said the May 31 decree was issued through the Dicastery for Institutes of Consecrated Life and Societies of Apostolic Life.