Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Thursday, January 12, 2006

It could cost the Church and Society a lot, and more than money...

Like Patrick, I am very interested in and have been reflecting on Bishop Gumbleton’s recent statement on his past abuse and his advocacy before state legislatures. These are two distinct subjects. I share Patrick’s concerns about what happened to the young Thomas Gumbleton and the approach the young Thomas Gumbleton pursued—getting on with his life. For members of a community of lawyers, educators, citizens, and faithful (MOJ contributors and readers included), there are some other important issues with significant implications for the future that come out of his political advocacy. There are three points (surely there are more) that I would like to raise at this stage. My first point renews concerns I made in an earlier posting about changing statutes of limitations for abuse cases. If statutes are suspended or changed to address a particular issue, a number of grave legal problems will surface. Just to mention a few, they could include: discrimination; equal protection denial; and ex post facto matters. Moreover, anyone interested in and mindful of the justification for statutes of limitations should be concerned with the implications of the bishop’s advocacy. A second point brings up the question about what are the other activities that the bishop is pursuing to help the Church—his flock—with the new cases that may be filed if his advocacy results in the suspension or repeal of statues of limitations. By itself, the bishop’s activity does little to help the larger Church, universal and local. A shepherd has a duty to protect his flock—all members of his flock who have done no wrong. A third point pertains to Church governance. The bishop is a member of the college of bishops, and I would like to know more about how and when he discussed his advocacy plans with his fellow bishops, including the archbishop he assists. This point brings up a related matter, and it deals with how he discussed his legislative activities with the faithful to whom he ministers.    RJA sj

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Araujo, Robert | Permalink

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