July
02
  12:07:51 PM

Abuse suit against the Vatican can proceed


Jeffrey AndersonJune 29 was the final day of the U.S. Supreme Court's 2009-2010 term. The high Court declined to hear an appeal by the Vatican in the case of Holy See v. John Doe, which allows the case to proceed in an Oregon court. Brought by sex-abuse lawyer Jeffrey Anderson, the case involves allegations of abuse against a priest, Fr. Andrew Ronan, who died in 1992.

By declining to take Holy See v. John Doe, the court left intact the 9th U.S. Circuit Court of Appeals ruling that said because of the way Oregon law defines employment, the Vatican is not protected under the Foreign Sovereign Immunities Act from potential liability for the actions of a priest who Doe, the unidentified plaintiff, said sexually abused him in the 1960s.

The case will now go back to U.S. District Court, where Doe's attorneys will attempt to prove that the late Andrew Ronan, a former Servite priest who was laicized in 1966, was a Vatican employee at the time the events took place.

There are two surprising and disturbing aspects to the Court's decision. Lower federal courts have accepted Anderson's arguments that the Vatican, though a sovereign state, is not covered by the Foreign Sovereign Immunity Act, and that priests should be considered employees of the Vatican, rather than of their dioceses. (In a similar case in Kentucky, a lawyer has made the argument that bishops are employees of the Vatican, in order to try to convince a federal judge to allow him to force Pope Benedict XVI to give a deposition.)

The Court's decision swings the door wide open for Anderson to continue to name the Vatican as a defendant in every sexual-abuse lawsuit they file against a diocese.

The idea that a U.S. court could have jurisdiction over a foreign state is ridiculous on its face, and anyone who knows anything about the structure of the Catholic Church could testify that priests are not employees of the Vatican. Why, then, did the Supreme Court let the lower-court decision stand?

With six Catholic justices, two Jewish justices and one Protestant Judge, the U.S. Supreme Court is composed of a majority of Catholics. Agreeing to hear this case would have opened the Court up to criticism that members are making decision based on their religious affiliation rather than the law.

 
 
about this blog 

Search this blog

 Subscribe to Just B16 newsletter
get posts by email or
rss Subscribe to Just B16 RSS feed

  Useful links about the crisis

Question: Who said: ‘Not all sex involving children is unwanted and abusive’?
Peter Hitchens | Daily Mail, London | 13 Sept 2010
Answer: The Pope's biggest British critic

The Pope deserves better from Britain
London Telegraph
Pope Benedict XVI is a serious man whose message risks being drowned out by misguided noise

It’s those who oppose Pope Benedict XVI’s visit who are the real bigots
Daily Mail
'I have been trying to puzzle out the sheer bloody mindedness and unreasonableness of some of the Pope’s critics', writes and Anglican journalist.

Report to the Council of Europe
Cesnur | June 22
Statement of Dr Massimo Introvigne

Do You Despair Over the Current Crisis in the Church?
New Oxford Review
Anyone with a sense of history should know that such things can go on and have gone on throughout the life of the Church.

Time takes aim at the papacy, and misfires
Our Sunday Visitor
But then, who thought Time would want to separate itself from the media pack?

Eunuchs for the Kingdom of Heaven. The Argument over Celibacy
Chiesa
A handy summary of the history of clerical celibacy.

Pope Benedict XVI and the Sexual Abuse Crisis
Our Sunday Visitor
Introduction to a just published book from Our Sunday Visitor president Gregory Erlandson.

more...

 Recent Posts
Pope Benedict goes where no pontiff has gone before…
30 Jun 2011
No “smoking gun” in Irish TV revelations
21 Jan 2011
Pope and clerical abuse: evidence for the defence
6 Dec 2010
US “surprised” at election of Benedict - Wikileaks
1 Dec 2010
“Our fathers in the faith” - Benedict on the Jews
29 Nov 2010

 MercatorNet blogs
Population issues: Demography is Destiny
Family social policy: Family Edge
US political scene: Sheila Liaugminas
News about bioethics: BioEdge
From the editors: Conniptions

 Archive
Jun 2011 | Jan 2011 | Dec 2010 | more >>

  From MercatorNet's home page

Tightening the screws
7 Feb 2012
The Obama Adminstration is attacking religious rights by mandating that all health-care plans, even church-run one, must provide cover for…

Oh, Britannia!
7 Feb 2012
It's not her fault but six decades on, Queen Elizabeth rules a wave of social disintegration.

Shifty words
6 Feb 2012
What does “marriage equality” actually mean?

Unnatural Selection
6 Feb 2012
A book by a pro-choice feminist faces up to an unintended consequence of the West's fertility war.

Beating the competition
3 Feb 2012
Business leaders are blaming the education system for the loss of jobs offshore. But aren’t they forgetting that other institution…


 Tags
abuse, abuse crisis, abuse statistics, Andrew Sullivan, AP, apologies, arrest the Pope, atheists, Austria, Belgium, Benedict XVI, Bishop Pierre Pican, Bishop Walter Mixa, Bishop William Lori, bishops, Boston Archdiocese, Boy Scouts, Brendan O'Neill, Caholic Church, campaign, Canada, canon law, Cardinal Angelo Sodano, Cardinal Castrillon Hoyos, Cardinal Hans Groer, Cardinal Newman, Cardinal Ratzinger, Cardinal Sean O'Malley, cartoons, Castrillon, Catholic Church, celibacy, charles scicluna, Charter for the Protection of Children and Young People, chastity, child pornography, Church, clean-up, clerical dispensations, Communism, condoms, Connecticut, conspiracy, cover-ups, credibility, Damian Thompson, David Cameron, defrocking, Der Spiegel, Dershowitz, documents, Evangelical, Evo Morales, Fr Alvin Campbell, Fr Lawrence Murphy, Fr Marcial Maciel, Fr Rene Bissey, Fr Stephen Kiesle, France, George Pell, George Weigel, Germany, history, history of crisis, holiness, Holy See v. John Doe, homosexuality, humor, imported priests, insurance, international law, internet, Ireland, Italy, Jeff Anderson, Jeffrey Anderson, Jewish defender, Jewish defender Sam Miller, Jewish defenders, Jewish sex abuse, Jews, John Jay report, judicial activism, Kathryn Jean Lopez, Kentucky class action suit, Kenya, Kiesle, Laurie Goodstein, law, Lawrence C. Murphy, Lawrence Murphy, lawsuit, lawsuits, Legionaries of Christ, Levada, Light of the World, Lithuania, London Times, Malta, media, media bias, media coverage, media credibility, media criticism, media ethics, Michael Gerson, Milwaukee, Miranda Devine, Monsignor Charles Scicluna, moral authority, moral panic, morale, narratives, Natinal Review Online, Nazi, new atheists, New York, New York times, New York Times, Obama administration, ordination of women, Oregon suit, origins, paedophilia, Papal credibility, Papal visit to UK, pedophilia, Peggy Noonan, penance, Peter Tatchell, Pew Forum, Pius XI, Polanski, policy, Pope Benedict, Pope Benedict XVI, Pope John Paul II, pornography, Portugal, priest abuse crisis, priest crisis, priests, propaganda, public approval ratings, public opinion, public relations, punitive damages, Reformation Day, reforms, Rembert Weakland, reporting abuse, resignations, Richard Dawkins, Ross Douthat, Sacramentorum Sanctitatis Tutela, same-sex marriage, Schönborn, Scouts, secrecy, secularism, seminaries, sex abuse, sex abuse safeguards, sex abuse survivors, sexual abuse, sexual revolution, sin, Sinead O’Connor, SNAP, sociology, sovereign state, Spain, Spiked, statistics, statute of limitations, stem cells, Stephen Kiesle, support, supporters, Tarciso Bertone, teachers, theologians, theology, transparency, Twitter, U.S. bishops' charter, U.S. priest abuse scandal, UK, UK visit, United Kingdom, US, US politics, US schools, Vatican, Vatican media response, victims, victims of sex abuse, video, visit to UK, Washington Post, Weakland, Wikileaks, youth, YouTube,