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Sixth Circuit: Vatican Can Be Sued for Sexual Abuse
Law Blog - Wall Street Journal ^ | Nov 25, 2008 | Nathan Koppel

Posted on 11/28/2008 10:48:14 AM PST by Alex Murphy

The sexual-abuse litigation that has raged for years against the Catholic church just got a lot more interesting.

In a landmark ruling yesterday, the Sixth Circuit concluded that the Vatican could be held liable for negligence in sexual-abuse cases filed in the U.S. It is the first time a circuit court reached that conclusion, and the opinion is considered a breakthrough by those allegedly abused by priests. Here’s the WSJ story.

Catholic dioceses in the U.S. have paid out more than $3 billion to alleged abuse victims, most of that coming since the scandal broke open nationwide in 2002. Click here to view the 1962 document that discusses Vatican policy on secrecy in dealing with complaints of a sexual nature against clergy.

The Sixth Circuit ruling came in a Kentucky case filed by three men who claim they were abused as children by priests. The Vatican claimed the suit was barred under the Foreign Sovereign Immunities Act.

The circuit court concluded that the Vatican was a foreign state, eligible for immunity. But, the court held, the plaintiffs could still sue the Vatican under an exception to the Sovereign Immunities Act, which allows suits that assert damages caused by the “tortious act” of a foreign state or any of its officials or employees.

The ruling “opens the door to other clams 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 on sovereign-immunity grounds.

In the Kentucky case, the U.S. District Court in Louisville still must decide whether U.S. bishops are employees of the Vatican, and whether they acted on the Holy See’s orders.

(Excerpt) Read more at blogs.wsj.com ...


TOPICS: Crime/Corruption; Foreign Affairs; Government; US: Kentucky
KEYWORDS: abusivepriests; homosexualpriests; ruling; vatican
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To: vladimir998
Actually, the Mennonites make a better case than the Catholics for being founded directly by Jesus (although that claim is not widely known).

Now, back to the point ~ the court didn't say the Catholic church is a state, just that the Vatican, which is a state, can be sued under a special law which can be used against other states.

I think there is currently an American Cardinal present at the Vatican (in a rather non-operative position) who is the real target of this lawsuit. He fled the US to the Vatican lest he end up sued down to his sandles.

21 posted on 11/28/2008 11:42:03 AM PST by muawiyah (uois)
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To: vladimir998

will not happen. thank God.


22 posted on 11/28/2008 11:42:19 AM PST by GOP Poet
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To: muawiyah

You wrote:

“Actually, the Mennonites make a better case than the Catholics for being founded directly by Jesus (although that claim is not widely known).”

The Mennonites were founded by an excommunicated Catholic priest named Menno Simons - hence MENNOnites.

That in itself would seem to put the lie to any Mennonite claims of antiquity. Also, the earlier roots of the Mennonites in the Anabaptist movement is EXTREMELY well documented and does not go further back than 1517. PERIOD.

“Now, back to the point ~ the court didn’t say the Catholic church is a state, just that the Vatican, which is a state, can be sued under a special law which can be used against other states.”

And I doubt it will go much further than that.

“I think there is currently an American Cardinal present at the Vatican (in a rather non-operative position) who is the real target of this lawsuit. He fled the US to the Vatican lest he end up sued down to his sandles.”

Untrue. If you mean Law, he did not flee from the US, nor would fleeing from the US prevent him from being sued. Please think.


23 posted on 11/28/2008 11:46:59 AM PST by vladimir998 (Ignorance of Scripture is ignorance of Christ. St. Jerome)
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To: Publius6961
Circuit courts seem to be run by mostly incompetents...

This is the homosexual left at work. Send in the frontline queers. Assault the choir boys. Bleed the diocese of wealth. Then sack the Vatican. It's the queer communists undermining religion.

24 posted on 11/28/2008 11:51:23 AM PST by LoneRangerMassachusetts
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To: Publius6961

If they can destroy the Vatican, they’ll go after the Mormons next. Any organized religion is a danger to them.


25 posted on 11/28/2008 11:54:56 AM PST by RC2 (Where is Obama's Birth Certifacte?)
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To: muawiyah

I get a kick out of Sammy boy here, “just kick the Catholics out of the country”. What a bone head. That’s what your saying right. Yea We will leave and leave this country to you nut jobs


26 posted on 11/28/2008 12:01:18 PM PST by rstark56
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To: WackySam

How do you go about “proving” a supposedly sexual act that may or may not have taken place 20 years ago? Do you have witnesses? And just who are you saying that should be deported - the victim? I suspect that may of the so-called victims discovered a way to make money of the church

You are not very clear with your rant.


27 posted on 11/28/2008 12:11:20 PM PST by supermop
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To: WackySam

You’re an idiot. Plain and simple that was about the stupidest thing I’ve ever seen posted here. Moron.


28 posted on 11/28/2008 12:24:51 PM PST by pgkdan ( All Catholics should know supporting Obama constitutes material cooperation with intrinsic evil.)
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To: wmfights

That’s because none other are seperate sovereign nations. The Vatican is. The defendents in these cases have absolutely no need to sue the Vatican. They’re sued the dioceses and have sucked over 3 billion dollars out of us already. Enough is enough!


29 posted on 11/28/2008 12:27:03 PM PST by pgkdan ( All Catholics should know supporting Obama constitutes material cooperation with intrinsic evil.)
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To: WackySam

“Anyone who can prove that they were molested by a Priest should be able to sue the Vatican. If they want to deny these people and claim they’re a foreign state and immune, kick them out of the country.”

I was molested and I don’t blame anyone but the priest, and possibly the bishop from his home country/diocese who may/may not have known about his pedophilia.

The vatican and the pope had nothing to do with what happened to me.


30 posted on 11/28/2008 12:31:33 PM PST by Scotswife
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To: muawiyah

“He fled the US to the Vatican lest he end up sued down to his sandles.”

Untrue.
He did not flee.
The authorities chose not to pursue a criminal case against him.
The Vatican removed him from his diocese and gave him a position at a basilica, basically as a fundraiser.
The Vatican then appointed another bishop to tackle the fallout.

Law’s diocese was sued.


31 posted on 11/28/2008 12:35:39 PM PST by Scotswife
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To: SamuraiScot

“Meanwhile, I’d like to make a class-action claim against the estate of John Dewey for the acts of sexual abuse of minors committed by public school teachers, which outnumber offenses by priests by a factor of 5, or 10, or 100, depending on the study. Lotta money in those numbers.”

Yes - can we sue all the universities who train these teachers?


32 posted on 11/28/2008 12:37:11 PM PST by Scotswife
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To: Alex Murphy

I would never presume to speak on the religious significance here, but legally, when you get two countries in the mix, each can issue its own legal findings and judgements. So international cases often “go nowhere” because each country’s rulings trump the others, in that country. Civil suits even moreso.


33 posted on 11/28/2008 12:40:38 PM PST by Yaelle
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To: WackySam

Humanity should be able to sue your parents for spawning a mental eunuch.


34 posted on 11/28/2008 12:42:19 PM PST by A.A. Cunningham
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To: cherry

One of these days “Murphy” is going to screw up and post one of these while he’s logged in as the Religion Moderator.


35 posted on 11/28/2008 12:44:09 PM PST by A.A. Cunningham
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To: muawiyah
Actually, the Mennonites make a better case than the Catholics for being founded directly by Jesus (although that claim is not widely known).

Bravo Sierra. You should read Saint Ignatius of Antioch's Letter to the Smyrneans, 107 AD; obviously for the first time, and then return and correct your post.

36 posted on 11/28/2008 12:50:22 PM PST by A.A. Cunningham
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To: Alex Murphy

Sixth Circus


37 posted on 11/28/2008 12:53:15 PM PST by wastedyears ("Al Gore is an apostle of arrogance." - Vaclav Klaus, Pres. of Czech Republic)
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To: Alex Murphy

Don’t know anything about the case, but what can the court do if the Vatican tells it to shove it! Arrest the Pope?


38 posted on 11/28/2008 1:24:14 PM PST by Oldpuppymax (AGENDA OF THE LEFT EXPOSED)
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To: A.A. Cunningham

Sorry, they argue their claim all the way back to Jerusalem and the church there ~


39 posted on 11/28/2008 2:49:14 PM PST by muawiyah (uois)
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To: Scotswife
OK, he didn't "flee". Kind of like "But Ken Lay was never sent to prison"!

I think Law had "friends in high places or something", right?

40 posted on 11/28/2008 2:51:06 PM PST by muawiyah (uois)
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