Archdiocese of Galveston-Houston asks for dismissal
In a statement issued by the Archdiocese of Galveston-Houston, it was announced that “the state court lawsuit filed against it in connection with its demolition of buildings at Our Mother of Mercy Church in Port Bolivar, Texas, had been removed to the Galveston Division of the Federal District Court for the Southern District of Texas.”
In addition, the archdiocese submitted a motion for the lawsuit to be dismissed – citing the First Amendment that prohibits the state from interfering with the “free exercise of religion.”
According to the statement, the “Archdiocese contends that, by taking sides, the court must interfere with at least one side’s ‘free exercise of religion’ in violation of the First Amendment and would, in fact, be ‘establishing’ the prevailing side’s religious view by court order.”
The archdiocese is planning on tearing down Our Mother of Mercy Church, damaged by Hurricane Ike last year, and building a new church and community center at Crystal Beach.
“We recognize that they are changes which are painful to parishioners of Our Mother of Mercy and others devoted to the Church’s pre-storm arrangements; but they are the product of the broadest and most thoughtful process of dialogue which we could manage; and they are necessary to the future strength of the church in the area,” said the statement issued by Claudia Deschamps, spokesperson for the archdiocese.
“Hopefully, the most difficult storm related consequence for the Bolivar Peninsula – the unavailability of the sacrifice of the Mass – will soon be alleviated by use of temporary accommodations at Crenshaw School, followed by construction of a permanent worship facility at Crystal Beach,” the statement continued.
As with most of the buildings on the peninsula, Our Mother of Mercy Church in Bolivar was damaged when Hurricane Ike swept ashore Sept. 13 last year. On June 8, the Archdiocese of Galveston-Houston began demolishing the church buildings. However, June 9 a restraining order was granted by State District Judge John Ellisor halting demolition of Our Mother of Mercy Church.
Parishioners at Our Mother of Mercy want to keep the church building at Port Bolivar and repair it. Their attorney is trying to get the case moved back to state district court.