When in Rome: Missouri Judge Tells St. Louis Archbishop He Can't Skip Court-Ordered Mediation

Being an archbishop comes with some rather substantial responsibilities. But then again, so does being a plaintiff in federal court.

St. Louis Archbishop Mitchell Rozanski discovered that distinction Monday when U.S. District Judge Matthew Schelp ruled that he must personally participate in mediation over a lawsuit challenging restrictions on Catholic ministry to immigration detainees — even if he's in Rome at the time.

The case, Rozanski v. Stolzer, involves the Ste. Genevieve County Detention Center, which houses approximately 150 federal immigration detainees within the Archdiocese of St. Louis. Rozanski, the Archdiocese, and a priest sued local and federal officials in October, alleging that detention-center policies prevented Catholic clergy from meaningfully ministering to detainees.

The plaintiffs sought a preliminary injunction requiring religious accommodations, including broader relief that would prevent ICE from sending additional detainees or federal funding to the facility until their demands were addressed.

But something happened while the litigation was underway: The government changed several of its policies and procedures to address the plaintiffs' concerns.

The Archdiocese maintained that those changes weren't enough, arguing that officials could simply revert to their previous policies. Schelp acknowledged that possibility but wasn't persuaded it warranted immediate judicial intervention.

Instead, he encouraged the parties to work out their differences through mediation, noting that detention officials understand their facility's security requirements while religious officials understand the obligations of their faith.

In fact, the judge observed:

Defendants are the experts on what is safe and appropriate while Plaintiffs are the experts on what their faith can and cannot allow.

Which seems like a fairly sensible starting point for negotiations.

The plaintiffs, however, objected to postponing their preliminary-injunction hearing, arguing that further delay would prolong the alleged violations of their religious rights. But Schelp disagreed, emphasizing that the government had already made significant accommodations and that courts should exercise caution before intervening in jail administration (a rather refreshing manifestation of judicial restraint).

Then came the matter of the Archbishop's travel plans...

You see, the mediation is scheduled for November 23. Unfortunately for Rozanski, he'll be in Rome for his ad limina visit, a periodic trip during which bishops report to the Vatican. He argued that the Archdiocese's general counsel could attend with full authority to negotiate a settlement.

But Schelp held his ground. The judge explained that Rozanski is personally asserting violations of his First Amendment rights. As a named plaintiff, he is expected to participate in settlement discussions.

The Archbishop also argued that requiring his attendance would be akin to demanding that Homeland Security Secretary Markwayne Mullin or Acting ICE Director David Venturella appear personally. But those officials are being sued in their official capacities, Schelp noted, while Rozanski brought claims individually.

And if the Archbishop truly cannot participate? The judge pointed out that he could voluntarily dismiss himself from the lawsuit.

So there's that.

Now, this is not a ruling on the merits of the case — the court has not decided whether the detention center's policies violate anyone's religious rights. The preliminary-injunction motion remains pending while the parties pursue mediation, so if the mediation fails, the matter will proceed.

And, to be clear, the Archbishop doesn't necessarily have to miss his Vatican visit. The court is allowing him to participate remotely or arrange another date.

So, for now, the dispute over Catholic access to ICE detainees is headed to the negotiating table.

And Archbishop Rozanski has been reminded that even a trip to Rome doesn't automatically excuse a plaintiff from a federal court proceeding.

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