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Immunity, Denied (Catholic Caucus)
WITL ^ | November 25, 2008 | Rocco Palmo

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.

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."
PHOTO: Reuters

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TOPICS: Catholic; Current Events; Moral Issues; Religion & Politics
KEYWORDS: catholic; vatican
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Comment #41 Removed by Moderator

To: NYer

“...a sex-abuse suit naming the Holy See among its plaintiffs...”

This makes no sense. Isn’t the suit AGAINST the Vatican? Or do I need another cup of coffee?


42 posted on 11/26/2008 11:50:50 AM PST by beelzepug (4 yrs. retroactive pay for Rossi and a bill for Gregoire.)
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To: NYer
""Thank you for placing this into perspective."

It is going to be interesting to see how the veil or separation between individual employees of US tax exempt entities (priests) and the Vatican, a foreign sovereign entity can or will be pierced.

43 posted on 11/26/2008 11:55:23 AM PST by Natural Law
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To: trisham

Hear hear.


44 posted on 11/26/2008 12:12:02 PM PST by Petronski (For the next few years, Gethsemane will not be marginal. We will know that garden. -- Cdl. Stafford)
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To: HappyinAZ

Does this “thinking” you speak some much of lead you to dissent from Church doctrine? I mean, you already called Scripture “bologna.” Why not par for the course?


45 posted on 11/26/2008 12:13:26 PM PST by Pyro7480 (This Papist asks everyone to continue to pray the Rosary for our country!)
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To: Pyro7480

church doctrine is not the same as the behavior of humans representing the church.

and church doctrine cannot always be found in scripture quotes.

and quoting bible passages rarely replaces intellengent discussion.

God gave us a brain and expects us to use it.


46 posted on 11/26/2008 12:16:07 PM PST by HappyinAZ
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To: Pyro7480; HappyinAZ; Petronski; trisham
The history of wearing vestments in the celebration of the liturgy and worship of Almighty God, dates back to the early Church. Excursus on the Vestments of the Early Church . If Happy would prefer to meet God in casual attire, that's a personal choice but for priests who call God down from Heaven and hold Him, Body, Blood, Soul and Divinity in their hands, dress slacks and a sports jacket are inappropriate.
47 posted on 11/26/2008 12:17:56 PM PST by NYer ("Run from places of sin as from a plague." - St. John Climacus)
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To: HappyinAZ
...and quoting bible passages rarely replaces intellengent discussion.

I might say that too if the Scripture quoted served to obliterate my point. LOL

Of course, I'd probably also correctly spell intelligent.

48 posted on 11/26/2008 12:20:41 PM PST by Petronski (For the next few years, Gethsemane will not be marginal. We will know that garden. -- Cdl. Stafford)
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To: NYer
Amen. Such traditions also reinforce and support belief, imho. I believe they also foster an inclination to focus on religious matters. It is difficult in this modern world to escape the distractions of everyday life, so these traditions become increasingly important.
49 posted on 11/26/2008 12:23:36 PM PST by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: HappyinAZ

Now you’re the one trying to change the subject. I’m quite aware that Church doctrine can’t be found in Scripture. However, Scripture can be quite useful in these discussions. But to get back to the original topic — since you have displayed a contempt for the way that generations upon generations of your Catholic forebearers offered, it’s often the case that such people dissent from church doctrines. Outside of the “behavior of humans representing the church,” do you disagree with any of the Church’s teachings?


50 posted on 11/26/2008 12:26:22 PM PST by Pyro7480 (This Papist asks everyone to continue to pray the Rosary for our country!)
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To: Pyro7480

Yes I disagree with some of the Church’s teachings....and many of their behaviors.

But back to the point at hand.

The Chuch had pedophiles in it’s ranks. They hid it. They lied; they deceived. They got caught. The law suits will continue until ALL of the injured parties have died.
And so it should be.

When the leaders of the Church are wrong...as they were in this case...it’s up to us to call them on it.

Quoting scripture just doesn’t get it done.


51 posted on 11/26/2008 12:59:53 PM PST by HappyinAZ
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To: NYer

oh yeah...it was ALL about the clothes with Jesus.

I’ll try to make sure I’m dressed up when I go to meet him!

Do you know how silly that sounds? LOL’s


52 posted on 11/26/2008 1:02:43 PM PST by HappyinAZ
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To: Judith Anne

I never could understand how a parent could have taken that hush money. “Father” would have been begging to die, and Daddy, like you, would be in prison.

Anybody who took that money is just as guilty in the coverup. (In fact...I think they are MORE guilty. JMO)

Regards,


53 posted on 11/26/2008 1:10:04 PM PST by VermiciousKnid (Wake up and smell the incense!)
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To: HappyinAZ
I haven't even addressed the subject at hand on this thread, mainly because your behavior on these threads needs to be confronted.

If all you can do is mock Catholic worship and you dissent from "some of the Church's teachings," then you know what? It's time to be intellectually honest. There are only two options for you: either you pray for grace to accept to the Church's perennial teachings and her ancient liturgy, and cooperate with this grace by studying the reasoning and tradition behind these teachings; or you take the other route and find a place of worship that's more suited to who you are. Either you're truly Catholic or you're not.

54 posted on 11/26/2008 1:12:47 PM PST by Pyro7480 (This Papist asks everyone to continue to pray the Rosary for our country!)
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To: Pyro7480
Nonsense...this is not a site to promote "following". This is a site for thought provoking discussion. If you can't think rationally and logically...and with- stand the heat....get out of the kitchen. Yep...I can challenge the "dress-up approach" to church...and I can challenge their failure to spend our contributions wisely...and I can challenge their pedophiles...because that's how we chose between right and wrong. If thought upsets you...don't read my posts. PS...It was the blind "followers" that hid the pedophiles...and lied to families and the public. My Church encourages honesty.
55 posted on 11/26/2008 1:22:40 PM PST by HappyinAZ
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To: Pyro7480; trisham
Remember: Catholics for Choice and the Womynpriests claim they are Catholic too.
56 posted on 11/26/2008 1:25:18 PM PST by Petronski (For the next few years, Gethsemane will not be marginal. We will know that garden. -- Cdl. Stafford)
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To: HappyinAZ
Get off your high horse. You know nothing about me. You don't know about my faith journey. Yeah, I'm a "follower," in as much as I try to faithfully follow the perennial teachings of the Catholic Church. But it has taken me my whole life to grow in my faith, and I'll have the rest of my life to finish my "race."

This is a Catholic Caucus thread. If you want to debate this issue, there are other threads to do this.

You accuse me of not being able to "think rationally and logically." YOU'RE the one of line here, because you've let your human weakness blind you to the truths of Catholic teaching. And you have the audacity to point fingers at the Church? Reform your life, you hypocrite!!!

57 posted on 11/26/2008 1:35:48 PM PST by Pyro7480 (This Papist asks everyone to continue to pray the Rosary for our country!)
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To: Petronski; Pyro7480; trisham; HappyinAZ

I doubt that ‘Happy’ really considers himself(herself) to be a Catholic. If he(she) does, considering that he(she) rejects Church doctrine, he(she) is clearly not a Catholic.


58 posted on 11/26/2008 1:43:25 PM PST by Lucius Cornelius Sulla (So we beat on, boats against the current, borne back ceaselessly into the past.)
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To: Pyro7480

Keep those blinders on..I’m sure they make you feel safe...whatever you do...DON’T think...might make you uncomfortable...

I have the audacity to challange the Church when they hide and lie for pedophies ...you betcha...and so should you.

and I fully intend to keep challanging ...that’s how we all grow and get better...and yes even (and especially)the Church.

So once again....if you just want to post pretty pictures..go for it...but if you want to engage in rational discussion...don’t read anything that might make you think!

Reform your own life my friend....God doesn’t want you to live in fear of free thought.


59 posted on 11/26/2008 1:43:50 PM PST by HappyinAZ
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To: Lucius Cornelius Sulla

The stench of anti-Catholic fetishism is strong on this thread.


60 posted on 11/26/2008 1:44:24 PM PST by Petronski (For the next few years, Gethsemane will not be marginal. We will know that garden. -- Cdl. Stafford)
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