Three Houston-area men are using a letter written by Pope Benedict XVI while he was a cardinal as the basis for a lawsuit against the Catholic Church.

In a report by KPRC-TV, Channel 2 on Tuesday, the attorney for the plaintiffs told a federal judge during a hearing that the pope in 2001 sought to cover up cases involving the sexual abuse of children by pedophile priests.

The plaintiffs, who claim they are victims of the church’s sex scandal, say that a letter written by then-Cardinal Joseph Ratzinger as instructions to bishops from the Congregation for the Doctrine of Faith, is proof that he conspired to keep claims of sex abuse secret.

The men are suing the Archdiocese of Galveston-Houston and Archbishop Joseph Fiorenza.

Their attorney, Daniel Shea, argued Tuesday before U.S. District Judge Lee Rosenthal that Pope Benedict XVI was among those who sought to cover up the child sex abuse scandal in the church.

“We believe, actually, that the current pope, when he was head of the Congregation for the Doctrine of Faith, was actively involved in that conspiracy,” Shea argued.

The letter in question, written in 2001, was sent to bishops of the Catholic Church and says, “cases of this kind are subject to the pontifical secret.”

The attorney for the plaintiffs is arguing that “pontifical secret” means that the bishops were being told not to tell anyone about cases of child sex abuse that were brought to their attention.

Officials of the Archdiocese of Galveston-Houston have argued that “pontifical secret” refers to matters within the church and not to whether or not a pedophile priest would be reported to authorities.

In a statement, Archbishop Joseph Fiorenza explains “pontifical secret” this way, “These matters are confidential only to the procedures within the Church, but do not preclude in any way for these matters to be brought to civil authorities for proper legal adjudication. The Charter for the Protection of Children and Young People of June, 2002, approved by the Vatican, requires that credible allegations of sexual abuse of children be reported to legal authorities.”

Fiorenza went on to say, “On May 18, 2001, the Congregation for the Doctrine of the Faith sent a letter to the Catholic Bishops of the World concerning certain grave violations of Canon Law in the celebrations of the sacraments and against morals. When these violations occur they are to be referred to the Congregation for the Doctrine of the Faith.”

Archbishop Joseph Fiorenza of Houston said the plaintiffs in a court case do not understand the meaning of a letter written by Pope Benedict XVI when he was a cardinal.

The archbishop said there is no insinuation that breeches of law should be kept secret from law enforcement officials.

“To insinuate that this letter from the Congregation for the Faith is part of a Vatican conspiracy is a total and complete misunderstanding of the purpose of the letter,” Fiorenza said. “It is beyond belief that someone would try to interpret this Church document as a conspiracy.”

The lawsuit accuses Juan Carlos Patino-Arango, who in 1996 was studying for the priesthood at St. Mary’s Seminary in Houston and serving in a local parish, of molesting the three plaintiffs when they were aged 11, 12 and 13.

Annette Gonzales Taylor, spokesperson for the Archdiocese of Galveston-Houston, said when the (then) Diocese of Houston-Galveston was informed of the alleged molestation, proper steps were taken.

“As soon as the diocese learned of the allegations, (the seminarian) was removed from the parish,” she said.

She said a call was made to Children’s Protective Services, and an investigation was begun.

“We held this young man at the seminary,” she said.

When police informed diocese officials that no charges were being filed, Taylor said, Patino-Arango was expelled from the seminary and released.

“It was our understanding he was going back home to Colombia,” she said. “We have had no contact with him.”

She added that Bishop Fiorenza notified the bishop in the area of Colombia where the seminarian lived that he had been accused of child sex abuse but that no charges had been filed.

Last year, the case was officially reopened, and on May 21, 2004, Patino-Arango was indicted by a Harris County grand jury on a felony charge of indecency with a child. In court documents, his home was listed as Tampa, Fla.

The suit against the church was filed in June of 2004.

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