Tuesday, May 10, 2005
Two new cases on Church Autonomy and sex abuse
Over at the Religion Clause blog, Professor Friedman is reporting on two recent state-court decisions, rejecting church-autonomy claims in the context of sex-abuse lawsuits. I have not yet studied carefully these decisions, but I'd welcome reactions from readers on one of the cases in particular: In Fortin v. Roman Catholic Bishop of Portland, the Maine Supreme Judicial Court concluded that, because of a special relationship between the abuse victim and the Church -- the boy was a student in the parish school and an altar boy -- there was a fiduciary relationship owed by the Diocese to the boy, giving rise to a duty that was violated by placing the boy in contact with a priest suspected of having engaged in abusive contact. And, the Court ruled, allowing the case to go forward would not violate the Free Exercise Clause. The Court reserved, for another day, the possibility that the case could unconstitutionally "entangle" the courts and the Church, if the case required the court to immerse itself in doctrinal questions, etc.
Thoughts?
Rick
https://mirrorofjustice.blogs.com/mirrorofjustice/2005/05/two_new_cases_o.html