The long-simmering conflict involving an Episcopal priest in the Diocese of Chicago, Will Bouvel, and his alleged perjury directed at a conservative church member, attorney David Duggan, has gone to litigation with mixed results. The legal action follows years of failed efforts by Duggan to obtain redress through the denomination’s cumbersome and slow-moving clergy disciplinary system, known as Title IV.
Filed in the Circuit Court of Cook County, IL, the suit alleges three causes of action:
- Malicious prosecution
- Civil conspiracy
- Two violations of civil rights statutes
Defendants in the case are:
- Will Bouvel, then a postulant to the Episcopal priesthood
- St. Chrysostom’s Episcopal Church
- The Rev. Walter Smedley, then rector of the church
- Brendan F. Kelly, individually and in his capacity as Director of the Illinois State Police
At the heart of the case are a series of alleged fabrications by Bouvel, which he used to obtain a no-stalking restraining order against Duggan. These statements, made under oath during the relevant hearing, comprise:
- That “other people in our diocese have” had an order of protection entered against Duggan
- That Duggan “[ha]s caused violence in other churches”
- That Duggan “was staying at our church under an agreement that he, you know, not do anything disruptive or violent.”
Based on these statements, the judge granted the protective order. Duggan then hired defense counsel to appeal the case, which resulted in a different judge in the appellate court vacating the order on First Amendment grounds. Duggan incurred legal fees of more than $84,000 to defend the case.
Tellingly, shortly after legal counsel told Bouvel that his claims were false, his original attorney declined to represent him further, possibly due to the attorney disciplinary prohibition against knowingly proferring false testimony. Bouvel then obtained a new attorney to assist with the matter.
In addition to Duggan’s current lawsuit, a related case is on appeal.
Title IV complaints
Following the appellate decision to vacate the protective order, Duggan filed a clergy disciplinary complaint against Bouvel; as with most things involving Title IV, the procedural history is long and convoluted. But ultimately, the Diocese of Chicago and the national church have repeatedly brushed aside the complaints.
That is hugely disappointing, as the church appears to be reverting to a mindset implicating the old Title IV, which was an adversarial process. The new Title IV, which was part of a wholesale revision undertaken several years ago, focuses on health, wholeness, and reconciliation. Still, the church has taken a win/lose approach to the conflict, which now leads to further reputational damage to the church, disruption, and needless expenses, the latter subsidized by the Church Pension Group and its massive pile of cash.
History
So, what led to this ongoing ruckus? Like Title IV itself, the answer is long and convoluted, but at its heart is the fact that Duggan is conservative and opposes same-sex marriage. By contrast, Bouvel is in a same-sex marriage.
Things first came to a head during a confrontation at Chicago’s Episcopal Church of the Ascension between Duggan and the church’s junior warden, which some church members later (and falsely) claimed was a physical altercation. Subsequently, interim rector the Rev. Patrick Raymond appears to have inflamed the situation by sending an email to many Chicago parishes exaggerating what transpired. (Defamation, anyone?)
Anglican Watch has investigated these allegations at length, and we find zero evidence to support any claim of physical violence or threatening behavior.
Subsequently, Duggan did two things to which Bouvel apparently objected:
1. He sent a confidential letter to assisting Chicago bishop Chilton Knudsen (yes, the one responsible for the $750,000 abuse settlement), objecting to Bouvel’s ordination on the basis of his sexual orientation.
2. Posted an allegorical writing online about the ordination of a gay priest; the article neither mentioned nor alluded to Bouvel.
Bouvel used these actions, along with his false statements of fact, to obtain the protective order. In doing so, Anglican Watch notes an additional issue with Bouvel’s filing: It does not allege two or more acts of stalking as required under Illinois law.
We also note that, in prior litigation, both the assisting bishop of Chicago at the time, Chilton Knudsen, and the diocesan chancellor allegedly claimed that Bouvel was acting on their advice when Bouvel sought a stalking protective order. Thus, it is clear that Bouvel and the church cannot truthfully argue that Bouvel was acting outside the scope of his employment — a factor often considered when determining liability in such cases.
Our coverage
In researching this story, Anglican Watch has interviewed numerous individuals connected with the matter. Additionally, we have repeatedly contacted the Diocese of Chicago, Bishop Paula Clark, and Will Bouvel for a response or denial; none of the three have responded.
We have also reviewed the pleadings and Title IV materials in this matter.
On a personal note, we believe that Anglican Watch is well-qualified to comment on the case:
- All of our current team are LGBTQ+
- Editor Eric Bonetti is in a same-sex marriage that regrettably was solemnized in an Episcopal Church (he is, however, deeply grateful on a personal level to the priest who performed the legal wedding.)
- We are unabashed progressive and in favor of marriage equality
- Bonetti had a very similar experience with perjuring priest Bob Malm and Episcopal attorney Jeffery Chiow, replete with multiple fabrications under oath by Malm, as well as lies in Chiow’s pleadings, all of which were flagged by Bonetti’s attorneys. In every instance, Malm sought to suppress Bonetti’s First Amendment right to criticize Malm’s conduct as rector of Grace Episcopal Church.
- We are ardent proponents of First Amendment rights—rights which, in our experience, are often opposed by members of the Episcopal Church when they dislike the content.
That said, we deeply regret that conservatives often perceive the Episcopal Church as unwelcoming. Our understanding of inclusion extends to those with views different from our own, and we believe that the Gospel message is broad enough to encompass a variety of perspectives.
Moreover, we try to focus on the things Jesus addressed—care for the oppressed, the marginalized, and the downtrodden. Furthermore, we believe that by demonizing critics, the Episcopal Church isolates itself from meaningful reform and the ability to forge connections with those of differing viewpoints. (Just look at Reddit to see examples of Episcopalians who think that everyone must be all churchy nice and not say anything controversial to see just how clueless the denomination has become.)
As to Duggan, we have interviewed him repeatedly about this case and have consistently found him to be a gentleman and devout Christian. We have zero doubt as to his integrity in this matter, nor do we see anything that suggests he has threatened Bouvel or anyone else.
The importance of integrity
Speaking of integrity, cases like this erode trust in the church and support for its mission. The Episcopal Church cannot claim to be about the “Way of Love,” even as it abuses the legal system to trash its opponents.
Additionally, we cannot believe that Bouvel’s current role as associate rector of the Church of the Holy Comforter in Kenilworth, IL, bodes well for the church. The Title IV clergy disciplinary canons claim to hold clergy to a higher standard of conduct due to their ordination vows. However, lying in a legal proceeding is enough to get someone fired, even from most secular jobs. We believe it should be grounds for immediate termination of Episcopal clergy.
We do not view a personality that is amenable to lying under oath as suited for ministry. If nothing else, such a glaring ethical issue would reasonably make any church member reluctant to divulge anything in confidence to Bouvel.
Relatedly, it appears that the Church Pension Group (CPG) is continuing to fund attorneys to defend Bouvel’s lies. There’s no excuse for this, and as a captive insurer, CPG needs to act with integrity. If nothing else, church members gave the funds that support CPG, and we object to using those funds to steamroller those with whom we disagree.
We do not find the Diocese of Chicago’s claim that it gave Bouvel direction in this matter helpful. Indeed, Bouvel still had an obligation to tell the truth; any involvement by Knudsen and the chancellor simply underscores that Bouvel was acting within the scope of his employment in this matter. Plus, it makes clear that multiple layers of corruption exist in the Diocese of Chicago.
We have contacted Bishop Paula Clark directly to ask that she work towards health and wholeness in this matter. Having not received a response, we believe it fair to draw adverse inferences from her silence. Similarly, we have contacted Bouvel to offer him a chance to respond; he has not.
We also note that the intake officer clearly misunderstands the role of a pastoral response in a Title IV case While a pastoral response may — and often should — include pastoral care, a true pastoral response is intended to resolve the underlying issue. In other words, Bishop Lee’s response should have been to offer to mediate.
It is time for the Diocese of Chicago to fix this egregious breach of trust. We hope that this will include reimbursing Duggan for his legal fees, a one-on-one discussion between those involved to rebuild relationships, and disciplinary action towards Bouvel. These notions comport with Christian notions of repentance and forgiveness and are in the best interest of all parties involved.
On the highest level, this is the sort of gamesmanship that causes Episcopalians to leave the church and never come back. The ends do not justify the means, and the behavior within the Diocese reminds us of a badly run social organization, not the Body of Christ. And while we predict the usual hoo-ha about how this isn’t news, we’re being unfair, and more, the reality is no amount of change will save the Episcopal Church until is acts with integrity in these situations.
“Christians tell the truth,” Rowe said in an interview at the time with the Sharon Herald. “That’s what we need to be doing. Repentance means that when you are in the wrong, you have to make amends and be willing to change. And we can’t do that unless we name what we have done.”
A copy of Duggan’s amended complaint follows.
Leave a Reply