A court in Spain ordered a breakaway community of Poor Clares to vacate their monastery. The court upheld an eviction claim brought by the Archbishop of Burgos. The nuns' legal representatives plan to appeal the ruling. The Vatican appointed a pontifical commissioner after the nuns broke with the Catholic Church. The nuns were excommunicated after signing a manifesto against the post-Vatican II Church.
9 days ago
A court in Briviesca, located in the northern Spanish province of Burgos, has ordered the eviction of a breakaway community of Poor Clares from their Monastery of St. Clare in Belorado 1. The ruling, issued on July 31, 2025, upheld an eviction suit filed by Archbishop Mario Iceta of Burgos in September 2024 1. The court recognized Archbishop Iceta as the legitimate major superior, administrator, and legal representative of the monastery, a role he assumed after being appointed pontifical commissioner by the Vatican in May 2024 1. The excommunicated nuns have been ordered to vacate the property, with a warning of eviction if they do not comply voluntarily 1.
The dispute originated in May 2024 when 10 members of the Poor Clares community announced their separation from the Catholic Church 1. They placed themselves under the jurisdiction of a self-proclaimed bishop who had been excommunicated in 2019 1. These nuns signed a 70-page "Catholic Manifesto," which described the post-Vatican II Catholic Church as illegitimate 1. In June 2024, Archbishop Iceta issued a decree of excommunication for these 10 nuns after they refused to appear before a Church tribunal 1. Schism, defined as the refusal of submission to the Supreme Pontiff or communion with Church members, carries the penalty of excommunication under canon law 1.
The excommunicated nuns refused to leave the monastery, asserting their rightful ownership of the property, which prompted the Archdiocese of Burgos to initiate legal action 1. During the court hearing on July 29, Archbishop Iceta's legal representative presented land ownership documents supporting his claim, while the defendants failed to provide any title justifying their continued use of the property 1. The nuns' legal representatives have indicated their intention to appeal the ruling within 20 days and hope to avoid eviction until the appeal process is complete 1. The nuns have not yet stated whether they will abide by a final ruling or resist, indicating they will make a collective decision; resistance could lead to forcible removal by Spain's Civil Guard 1.
Five other members of the community, reportedly elderly and in delicate health, did not incur excommunication as they did not endorse the schismatic declaration 1. A delegation of legal officials, law enforcement, and Church representatives reportedly visited the Belorado monastery on August 1 to assess the health of these five nuns, aged between 86 and 100 1. The delegation reportedly offered these elderly nuns transfers to other Poor Clare communities 1.
What is the Church's authority over religious communities?
The Church exercises authority over religious communities through various means, including the authentic approval of their rules, the acceptance of vows, and the general oversight of their mission and internal governance . This authority is rooted in the Church's divine and hierarchical structure, ensuring that religious life contributes to the overall salvific mission of the Church .
The ecclesiastical hierarchy has the duty to regulate the practice of the evangelical counsels (chastity, poverty, and obedience) by law . This involves:
Religious institutes possess an internal organization with its own field of competency and a right to autonomy . However, this autonomy is never absolute independence within the Church .
While religious institutes have their own internal governance, they remain subject to ecclesiastical authority:
In essence, the Church's authority over religious communities ensures their fidelity to their foundational charisms, their integration into the broader life and mission of the Church, and their continued contribution to the holiness of the People of God .