Protestor against Tobin for his failure to fund the St. Joseph pension fund PHOTO: GoLocal
Bishop Thomas Tobin came to lead the Diocese of Providence in 2005, and he has become one of the most controversial leaders in the American Catholic Church.
Tobin’s successor has been named -- Most Reverend Richard G. Henning -- and for many in Rhode Island, the change cannot come soon enough.
Some of those most frustrated with Tobin’s leadership of the Diocese are those who were most loyal to the church.
While Tobin lobbed criticism at everyone from President Barack Obama to Nelson Mandela to the Pope, it was the thousands of nurses and staff from the St. Joseph Health Center who have been devastated by Tobin.
The Diocese under Tobin is now facing federal and state lawsuits by the receiver for St. Joseph Health Services for its role in the failure of the hospital's pension fund.
The lawsuit against the Diocese specifically targets Tobin's failures.
The more than two thousand staff and retirees impacted by the pension fund's failure are overwhelmingly Catholic, female, and dependent on their pensions for retirement.
Lawsuit Asserts Diocese Committed Fraud and Tobin Misled Vatican and Others
The St. Joseph pension plan was forced into receivership in August of 2017, and in 2018, lawyers for the pension fund sued alleging that Tobin and the Diocese of Providence were responsible for the failure of the fund.
While all other major litigants have settled, the Diocese of Providence has filed motion after motion to delay the litigation now pending in federal court.
Tobin chaired the board when pension payments were cut and the hospital was sold. SOURCE: Hospital Tax documnets
The litigation has traveled on two paths -- the state court where Superior Court Brian Stern has presided and in Federal Court where Judge William Smith has jurisdiction.
Stern told GoLocal in February, "There have been recoveries from a number of entities. The remaining outstanding issue is the resolution of the suit with the Diocese. That is in federal court."
The lawsuit lays out that “Bishop Thomas Tobin did not disclose in his letter to the Vatican that the proposed asset sale increased the probability of the Plan failing. Instead, Tobin omitted that information and, in effect, said the opposite, that approval of the asset sale was actually necessary to secure the Plan.”
The suit goes on to assert, "On September 27, 2013, Tobin signed his letter as altered by [legal] counsel for [St. Joseph Health Services, CharterCare and Roger Williams Hospital] and sent it to the Vatican.”
The parties knew the implications, “These misrepresentations and omission concerning the Plan in the Bishop’s letter to the Vatican…all understood that Vatican approval was required for the transaction to proceed.”
The receiver for St. Joseph -- the state’s largest failed pension fund -- is charging that the Dioceses of Providence is “dragging its feet” to delay court action and the resolution of the battle over tens of millions of dollars the receiver believes the Diocese is liable for to thousands of retirees.
Tobin did not disclose in his letter to the Vatican that the proposed asset sale increased the probability of the plan failing. Instead, Tobin omitted that information (removed from the letter was “spiraling and gaping liability’ which was in the draft) and, in effect, said the opposite, that the approval of the asset sale [to CharterCare] was actually necessary to secure the plan.
The lawsuit goes on to assert, ”These misrepresentations and omissions concerning the Plan in the Bishop’s letter to the Vatican were included by the defendants…and the Diocesan defendant, all understood that the Vatican approval was required for the transaction to proceed, and knew or were told that the Vatican must approve specifically the ‘pension structuring.’”
Former St. Joseph pension fund have fought for years to force the Diocese to make its contribution to the fund
Diocese Delays, Tobin Prays, Nurses Urge Catholics Not to Donate
The Diocese's lawyers have been using legal motions to delay the results of the case, says receiver Stephen Del Sesto.
“I guess I will say the crafty lawyering that can be done on the side of the Diocese that this could go on for three-four maybe even five years in litigation and you know that's not because [federal court Judge William Smith] is not moving things along or we're not,” said Del Sesto in a Zoom call to the retirees on January 10.
“It's just the process by which things happen, and with all of the complex issues that are going on --that's just about how long it will take,” said Del Sesto.
“[As the] Diocese typically does in their litigation, they do not usually fold up their tent and walk away early. They usually fight it until the end,” said Del Sesto.
Now, the case against the Diocese is in mediation five years after the pension fund was forced into receivership.
SEE BELOW - READ SOME OF TOBIN'S MOST CONTROVERSIAL STATEMENTS
Related Slideshow: Bishop Tobin on Abortion, Gay Marriage, and Pope Francis
Below are some of the more controversial or noteworthy statements of Rhode Island Catholic Bishop Thomas Tobin covering a range of issues, from abortion to atheism, from Catholic politicians to the new pope.
The Bishop of the Diocese of Providence, Thomas Tobin, took to Twitter on in June of 2019 and Tweeted, "A reminder that Catholics should not support or attend LGBTQ 'Pride Month' events held in June. They promote a culture and encourage activities that are contrary to Catholic faith and morals. They are especially harmful for children"
Previously, Tobin had "quit" Twitter, calling it an "occasion of sin in July 2018. He has since rejoined the social media platform.
In response, Joe Lazzerini, President of Rhode Island Pride, responded with a strong statement.
“Jesus never said a word about homosexuality, about Pride, or the Queer community. Rhode Island Pride respectfully calls on Bishop Tobin to do some self-reflection as the majority of Catholic Rhode Islanders in this state reject the idea that to be Catholic is to be complicit to intolerance, bigotry, and fear,” said Lazzerini. "Many Catholics are LGBTQIA+ and allies to our community, who participate in the love and diversity that is Rhode Island Pride. All are welcome to enjoy a safe, fun, and prideful celebration on Saturday, June 15th.”
Said He Would “Personally Fast” for “Penance for My Own Faults” in Sex Abuse
In 2018, Tobin was facing lawsuits, the potential financial collapses of another pension fund and harsh criticism for his role as the Auxillary Bishop of the Diocese of Pittsburgh during a period in which more than a 1,000 children were abused by more than 300 priests in Pennsylvania, according to a grand jury.
He wrote:
"These are indeed very difficult and dark days for our Church. In recognizing the anger, pain and confusion that many Catholics are experiencing over recent allegations of sexual abuse of minors by priests, and negligence of bishops in dealing with the crisis, I humbly ask you to join me in a special day of prayer and penance on Friday, September 14th."
“I should emphasize that being an atheist would neither recommend nor disqualify him from being Mayor of Providence. But I wonder if an atheist mayor would be in a position to respect the sincere convictions of believers (of all faiths) and to encourage and support the many contributions the faith community makes in our city and state.
So, can anyone help determine: Is Jorge Elorza an atheist or not? It would be good to know before Election Day.”
“‘Laudato Si’ has been enthusiastically embraced by the American Bishops and we’ve urged our fellow Catholics to take action to protect the environment. But shouldn’t we bishops be giving a good example too? For the sake of reducing carbon emissions, might we consider reducing our national and international travel—especially the number of meetings and programs we schedule and attend? After all, as a story in the New York Times awhile back pointed-out, ‘Your biggest carbon sin might be air travel.’ I offer this as a serious consideration, not to be snarky. After all, Pope Francis has encouraged us not to be ‘airport bishops,’ hasn’t he?”
- Bishop Tobin column “Without a Doubt” in The Rhode Island Catholic, June 25, 2015
“When it comes to machines and communication, and lots of other things I guess, I prefer the 20th century (mid-20th century actually) to the 21st century.
Here’s my confession: My computer skills are very basic; I don’t know a DVR from a VCR; I’ve heard about Netflix and Blu-Ray but don’t really know what they are; I prefer CDs to iTunes, real books to iBooks, and actual photos to Instagrams; I don’t own an iPod, an iPad or a laptop; I don’t use online banking and insist on having a real paycheck in hand rather than a direct deposit; and I really dislike having to refill my growing list of prescriptions online.”
- Bishop Tobin column “Without a Doubt” in the Rhode Island Catholic, April 16, 2015
“In trying to accommodate the needs of the age, as Pope Francis suggests, the Church risks the danger of losing its courageous, counter-cultural, prophetic voice, a voice that the world needs to hear.”
- Bishop Tobin Facebook post on the Synod on the Family, October 21, 2014
“The concept of having a representative body of the Church voting on doctrinal applications and pastoral solutions strikes me as being rather Protestant.”
- Bishop Tobin Facebook post on the Synod on the Family, October 21, 2014
“Have we learned that it’s probably not a good idea to publish half-baked minutes of candid discussions about sensitive topics, especially when we know that the secular media will hijack the preliminary discussions for their own agendas?”
- Bishop Tobin Facebook post on the Synod on the Family, October 21, 2014
“I often think about, and truly agonize over, the many divorced Catholics who have ‘dropped-out’ of the Church completely, as well as those who attend Mass faithfully every Sunday, sometimes for years, without receiving the consolation and joy of the Holy Eucharist. And I know that I would much rather give Holy Communion to these long-suffering souls than to pseudo-Catholic politicians who parade up the aisle every Sunday for Holy Communion and then return to their legislative chambers to defy the teachings of the Church by championing same-sex marriage and abortion.”
- Bishop Tobin column “Without a Doubt” in the Rhode Island Catholic, September 18, 2014
“Our commitment to human life is important. Some have said that this commitment can be an obsession. If it’s an obsession to protect unborn life, then it’s a very important obsession.”
- Bishop Tobin at a rally outside Planned Parenthood, as cited in the Boston Globe on December 10, 2013
“There is part of President Mandela’s legacy, however, that is not at all praiseworthy, namely his shameful promotion of abortion in South Africa. In 1996 Mandela promoted and signed into law the ‘Choice on Termination of Pregnancy Bill’ that, according to the New York Times, ‘replaced one of the world’s toughest abortion laws with one of the most liberal.’
While we pray for the peaceful repose of President Mandela’s immortal soul and the forgiveness of his sins, we can only regret that his noble defense of human dignity did not include the youngest members of our human family, unborn children.”
- Bishop Tobin statement on the passing of Nelson Mandela, December 8, 2013
“Being a Catholic does not mean having to choose between doctrine and charity, between truth and love. It includes both. We are grateful to Pope Francis for reminding us of that vision.”
- Bishop Tobin statement in response to Pope Francis interview with the Italian newspaper, La Civiltà Cattolica, September 20, 2013
“I’m a little bit disappointed in Pope Francis that he hasn’t, at least that I’m aware of, said much about unborn children, about abortion, and many people have noticed that. I think it would be very helpful if Pope Francis would address more directly the evil of abortion and to encourage those who are involved in the pro-life movement. It’s one thing for him to reach out and embrace and kiss little children and infants as he has on many occasions. It strikes me that it would also be wonderful if in a spiritual way he would reach out and embrace and kiss unborn children.”
- Bishop Tobin as cited in the Rhode Island Catholic, September 12, 2013
“Although Pope Francis presents a very simple, humble, gentle persona, it would be a huge mistake to underestimate him. In times past he has acted and spoken very forcefully on important issues. In Argentina he challenged his own priests to leave the safety of their churches and go out to evangelize and take care of the poor. And he was fearless in challenging the civil government on issues like abortion, euthanasia, and same-sex marriage. I suspect we’ll see some very dramatic words and gestures from this pope.”
- Bishop Tobin on the election of Pope Francis in his column “Without a Doubt” in The Rhode Island Catholic, March 21, 2013
“[H]omosexual marriage enshrines into civil law immoral activity. The natural law, the Holy Scriptures, and long-standing religious tradition are very consistent in affirming that homosexual activity is sinful, contrary to God’s plan. It should never be encouraged, ratified or ‘blessed’ by the state. It’s important to emphasize once again, however, that while rejecting homosexual activity, the Catholic Church has consistently promoted respect and pastoral care for individuals with same-sex attraction. They are children of God and our brothers and sisters. They are invited to be members of our churches. It is our very concern for their spiritual welfare, however, that motivates our rejection of the homosexual lifestyle and same-sex marriage.”
- Bishop Tobin column “Without a Doubt” in the Rhode Island Catholic, January 7, 2013
“These public battles involve the attempt to remove God from the public square and to render our society sterile and bereft of moral values. It’s an attempt to create a nation without a spiritual vision, without a soul.
- Bishop Tobin at rally in support of Woonsocket Memorial Cross, May 2, 2012
“Without a doubt there will be other attacks on religious freedom. And if you and I don’t stand up to oppose these initiatives then we are complicit in the death of God in our culture. I don’t know if, in the end, we will fail or succeed, but I promise you this: I will be faithful and I will stand with you.”
- Bishop Tobin at rally in support of Woonsocket Memorial Cross, May 2, 2012
“The question whether or not some people are made that way—I think that’s still an open question. I’m not quite ready to cede that. But even if that is the case, that someone has that disposition, they still have the ability as human beings to control their behavior—otherwise there’s anarchy and chaos.”
- Bishop Tobin, responding to a question about whether sexual orientation is innate or acquired, interview with GoLocalProv, April 12, 2011
“Your rejection of the Church’s teaching on abortion falls into a different category—it’s a deliberate and obstinate act of the will; a conscious decision that you’ve re-affirmed on many occasions. Sorry, you can’t chalk it up to an ‘imperfect humanity.’ Your position is unacceptable to the Church and scandalous to many of our members. It absolutely diminishes your communion with the Church.”
- Bishop Tobin open letter to Congressman Patrick Kennedy, November 12, 2009