Saturday, December 6, 2008

U.S. Court Allows Abuse Case vs. Vatican

U.S. Court Allows Abuse Case vs. Vatican

Just wanted to add this up here before I go back to writing another essay...According to the Wallstreet Journal, this is the first time the Vatican has been held liable for sexual abuse cases in a court this high.

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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."

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