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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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To: Pyro7480

Pentacostal. Read the next one.

(I only play a poster on FR. I’m really a shrink.)


61 posted on 11/26/2008 1:45:19 PM PST by OpusatFR (Neither Republican or Democrat. Monarchist with allegience to The Only One.)
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To: Lucius Cornelius Sulla

nonsense...how do you think the Catholic Church evolved to this point....with lots of trial and error and lots of discussion....you don’t see pictures of Jesus in fancy robes...and you wouldn’t have seen Jesus hide pedophiles...get a clue.


62 posted on 11/26/2008 1:46:57 PM PST by HappyinAZ
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To: HappyinAZ
...the Catholic Church evolved...


63 posted on 11/26/2008 1:48:08 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; trisham; Religion Moderator

***Jesus gave you responsibility for your church...get on it!***

You said to Trisham: “YOUR Church.” Not “MY church,” not “OUR Church.” You said “YOUR.” You are not a Catholic and you are posting on a Caucus thread.


64 posted on 11/26/2008 1:50:35 PM PST by nanetteclaret (Blessed Martyrs of Compiegne, Pray for Us!)
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To: HappyinAZ
I am a catholic...

Pelosi, Biden, Kennedy, Dodd, Daschle, Kmiec, Kissling, et al, say that too.

65 posted on 11/26/2008 1:51:04 PM PST by A.A. Cunningham
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To: HappyinAZ
Jesus gave you responsibility for your church

Where? When?

66 posted on 11/26/2008 1:53:09 PM PST by Romulus ("Ira enim viri iustitiam Dei non operatur")
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To: NYer

“And the priests prostrated themselves before the altar in their priests’ vestments, and called upon Him from heaven, who made the law concerning things given to be kept, that He would preserve them safe, for them that had deposited them.” 2 Machabees 3:15


67 posted on 11/26/2008 1:57:37 PM PST by A.A. Cunningham
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To: nanetteclaret

“Hey! we have a heratic here...let’s burn them !”

Hardley Christian/Catholic/Jesus like....

But if you don’t want to challenge people that hid pedophiiles...which is what this posting was about....that’s your call.

Enjoy your bliss.


68 posted on 11/26/2008 1:59:00 PM PST by HappyinAZ
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To: HappyinAZ
First, don't pull that McCain "my friend" on me. That's just empty rhetoric. You're not my friend. You're my adversary. As Christ demanded, I wish the best for you, which means your reconciliation with the Church and her teachings. You're the one that has the blinders on.

I haven't said one word about the pedophile scandal, yet you attack me on it, just because I side with the Church in other matters. Did you ever care to ask me what I thought?

69 posted on 11/26/2008 2:00:54 PM PST by Pyro7480 (This Papist asks everyone to continue to pray the Rosary for our country!)
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To: HappyinAZ

You are more dangerous than those who actively persecute them from outside. I respect them more, because at least they know where they truly belong.


70 posted on 11/26/2008 2:03:21 PM PST by Pyro7480 (This Papist asks everyone to continue to pray the Rosary for our country!)
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To: HappyinAZ

Happy. The Church does not exist to make the world a better place.

The Church is not a self-fulfillment project.

The Church is not a historical reenactment.

The Church is not a club for redemption through self-improvement.

The Church is not a representative democracy.

You are having a heck of a day, but if you don’t shut up soon you’ll make yourself a laughing stock.


71 posted on 11/26/2008 2:03:41 PM PST by Romulus ("Ira enim viri iustitiam Dei non operatur")
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To: Pyro7480

Nope...don’t really care what you think....I have no use for the kind of people that let pedophiles take over our Church.
They were just like you...they refused to challenge “authority”....

Put THAT in your pipe and smoke it and quit bothering me.

If you don’t like my posts. Don’t read them.


72 posted on 11/26/2008 2:06:14 PM PST by HappyinAZ
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To: HappyinAZ
But if you don’t want to challenge people that hid pedophiiles...which is what this posting was about....

No.

This thread is about challenging people ACCUSED of hiding pedophiles and/or pederasts. You are presuming their guilt.

73 posted on 11/26/2008 2:07:02 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
I have no use for the kind of people that let pedophiles take over our Church.

Didn't happen in the Catholic Church. Perhaps in your church, but not the Catholic Church.

74 posted on 11/26/2008 2:07:50 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: Romulus

well...I think you just did that for yourself...”the Church doesn’t exist to make the world a better place”...you know...I think the Pope might disagree with you on that one.

This thread was about pedophile priests that no-one challenged...and that lack of thinking....hurt thousands of kids and their families...enjoy your blind bliss.


75 posted on 11/26/2008 2:09:09 PM PST by HappyinAZ
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To: HappyinAZ
This thread was about pedophile priests that no-one challenged...

Bzzzt. Assuming facts not in evidence.

76 posted on 11/26/2008 2:10:00 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: Petronski

wow...you DO have your head in the sand...good luck with THAT


77 posted on 11/26/2008 2:10:13 PM PST by HappyinAZ
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To: HappyinAZ
Oh, I'm the kind that let pedophiles take over the Church? Again, what do you know of me, Mr. Egalitarian?

And no, I won't quit "bothering you." I will resist you! This is the Church Militant! If you don't want to hear it, feel free to not respond.

78 posted on 11/26/2008 2:10:46 PM PST by Pyro7480 (This Papist asks everyone to continue to pray the Rosary for our country!)
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To: HappyinAZ

Who was the pedophile in charge of the Catholic Church? John Paul the Great? Benedict XVI? Paul VI? Which one?


79 posted on 11/26/2008 2:11:48 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

You’re the one who has his head in the sand, wanting to ignore the reality that you have, by your own “thinking,” have wandered away and left the Catholic Church already.


80 posted on 11/26/2008 2:12:52 PM PST by Pyro7480 (This Papist asks everyone to continue to pray the Rosary for our country!)
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