Posted on 11/26/2008 10:41:30 AM PST by NYer
On Monday, in what's being described as a "landmark" ruling, a Federal appeals court green-lighted a sex-abuse suit naming the Holy See among its plaintiffs:
[The] ruling, issued by the U.S. Circuit Court of Appeals in Cincinnati, marks the first time a court at so high a level has recognized that the Vatican could be liable for the negligence in sexual-abuse cases brought in the U.S.PHOTO: Reuters
The ruling is seen as a breakthrough by those allegedly abused by priests. Investigators and grand juries have found several instances where the church failed to report alleged abusers and covered up alleged misdeeds to protect them.
Jeffrey S. Lena, the attorney for the Holy See, said he was not "presently inclined" to ask the U.S. Supreme Court to review the decision.
It remains to be seen whether the Vatican, which is a sovereign state recognized by the U.S. government, will make further arguments that it is immune from U.S. civil proceeding.
Catholic dioceses in the U.S. have paid out at least $1.5 billion to alleged abuse victims, most of this since the scandal broke open nationwide in 2002.
The appeals court found that the church government may be held liable for actions taken in the U.S. based on the Vatican's policies or directives.
"What the court has allowed us to do is proceed against the Vatican for the conduct of the U.S. bishops because of the bishops' failure to ... report child abuse," said William F. McMurry, the attorney for three men who claim they were abused as children by priests in the Louisville, Ky., archdiocese. He is seeking class-action status in the district-court case.
The ruling marks the first time that a federal appeals court recognized that the Vatican could be liable under the Foreign Sovereign Immunities Act, a 1976 law that governs when a foreign nation or its agents can be sued, said Marci Hamilton, a constitutional-law scholar who is part of the legal team in the Louisville case.
"If someone can crack that barrier of immunity, it opens the door to other claims against the Catholic church," says Jonathan Levy, a Washington, D.C., attorney who represents concentration-camp survivors in a suit against numerous parties including the Vatican bank. The Vatican, in that case, prevailed in its claim of sovereign immunity.
Mr. Lena, the lawyer for the Holy See in the Louisville case, said Monday's ruling is a small step and one that is far from establishing whether Vatican policy contributed to thousands of incidents of abuse that have been alleged over several decades. "We're miles away from liability," he said. The ruling is "very incremental."
How DARE you respond to anti-Catholic hatred?!?
That would be “heretic” not “heratic.” And “hardly” not “hardley.” “Pedophiles” not “pedophiiles.” Spellcheck is your friend.
My post has nothing to do with challenging or not challenging people that hid pedophiles. It’s about YOU pretending to be Catholic, on a Caucus thread.
Throwing out the “that’s not Christian” retort when someone says something you don’t like is childish. It ranks up there with “I’m telling on you” or “Mommy, he hit me.” It’s just so unoriginal.
She has also attacked me in vulgar terms. Although I did not comaplain about her, the mods called her on it.
LOL Petronski! I guess it’s that Polish blood that drives us to fight back against the enemies of the Catholic Church, in the best tradition of King Jan Sobieski and St. Maximilian Kolbe (not to mention Pope John Paul II versus the Commies).
I don't think so. The Church -- by which I mean the Catholic Church -- was founded by Christ as the means of salvation. To live conformed to Christ has temporal consequences, but in no sense is it a temporal project. The Episcopalians OTOH are fine with the notion that the point of Christianity is literacy projects and indoor plumbing. They are also fine with heterodoxy, so long as everyone plays nicely and pretends to be comfortable together. Perhaps you'd be more "Happy" with them.
Still waiting for your answer to my question: Where/when did Jesus give us the responsibility for his Church? Man up yourself by owning your statements, or else shut up.
You hijacked this thread and now want to control the terms of discussion? You’re some piece of work.
Troll.
The thread is ABOUT pedophile priests. period.
And discussing the Church’s culpability/responsibility IS the issue.
My faith shouldn’t be challenged because those men were pedophiles and I find it abhorant.
If you deny responsibility...it is YOU that is a sad, sad piece of work.
Says you? Well I'm standing up to tyrannical authority like you say good Catholics need to do.
You're too much, troll.
nice 5th grade response....what a rocket scientist
Wrong again. Elipsis...
Rocketry is engineering, not science, troll.
Now try to stay on topic.
Stay off this thread.
Happy Thanksgiving!
Thank you!!
Looks like ZottedinAZ got the boot. Too bad. So glad.
The thing that drives me nuts is the assumption that the abuse is ongoing as is a cover up.
In my diocese, you CANNOT work with childrne unless you have passed a background check and completed a course in training. That goes for everyone...priests, schoolteachers, youth group volunteers, etc.
And youth are not allowed alone with any adult...two must always be present.
What else are we supposed to do? It is maddening that all of these safeguards are ignored by the media and the Catholic bashers.
Thank you! Same to you!
You’re welcome ;)
***In my diocese, you CANNOT work with childrne unless you have passed a background check and completed a course in training. That goes for everyone...priests, schoolteachers, youth group volunteers, etc.
And youth are not allowed alone with any adult...two must always be present.
What else are we supposed to do?***
We are doing what we should have been doing all along. There is no excuse, as our zotted antagonist spouted, much as I disagree with most of what he said. I said in a statement on another thread recently regarding why Catholic are singled out that it was simply because we are the standard bearers and we are held to and must hold ourselves to a higher standard simply because we are who we are - the clergy and laity in Christ’s Church.
I am a substitute for religious ed in our parish and I had to submit to a check last year for the first time. Plus, we always have two or more adults in the room with any child at any time.
One child was too much and the thing that the media have picked up on is that any appearance of excuse is just another bullet to shoot at us. We have to be open and transparent and those who are guilty need to be punished beyond the law simply because we are expected to be better than that. May God bless us all.
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