The Vatican’s Statement on Gender Is Unsurprising, and a Missed Opportunity

— A new document that strives to reconsider matters of human dignity nevertheless echoes Church rhetoric from decades ago.

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The arc of Vatican rhetoric on sexual issues is long, and it doesn’t bend much at all. On October 30, 1986, the Vatican’s Congregation for the Doctrine of the Faith released a letter to bishops, “On the Pastoral Care of Homosexual Persons,” which was signed by the office’s prefect, Cardinal Joseph Ratzinger. In 1975, the C.D.F., formerly known as the Holy Office, had made a distinction between the homosexual “condition” and homosexual acts, calling the latter “intrinsically disordered.” A result, the 1986 letter lamented, was that in the following years “an overly benign interpretation was given to the homosexual condition itself, some going so far as to call it neutral, or even good.” Then the C.D.F. got to the main point: “Although the particular inclination of the homosexual person is not a sin, it is a more or less strong tendency ordered toward an intrinsic moral evil; and thus the inclination itself must be seen as an objective disorder” and as “essentially self-indulgent.” The October 30th document came to be known as the Halloween Letter. At a grim moment in the aids pandemic, the Catholic Church, with an opportunity to show compassion to gay men, instead used terse, forbidding language to reaffirm its teaching against gay sexual activity and “the homosexual condition itself.”

Much has changed in the Church’s approach in the thirty-eight years since. The U.S. bishops eventually issued a statement framed as “a response to the H.I.V./aids crisis,” taking a kinder, gentler tone than that of the C.D.F. letter. Lesbians and gay men, including the Catholic writer Andrew Sullivan, initiated a movement for gay marriage, and it gained force, with gay marriage eventually becoming recognized by the U.S. government, and by nations worldwide. Pope Francis, four months after his election, in 2013, said, of gay clergymen, “Who am I to judge?” He spoke approvingly of civil protections for a gay couple in a 2019 interview with a Mexican broadcaster. He met with transgender women in St. Peter’s Square and received them again at a luncheon in the Vatican. In October, the Dicastery for the Doctrine of the Faith, or D.D.F.—an office that replaced the C.D.F., as part of a reorganization of the Roman curia—answered a Brazilian bishop’s query by affirming that transgender people can be baptized and can serve as godparents “under certain conditions.” In December, the D.D.F. issued “Fiducia Supplicans,” a document authorizing priests to bless people living in “irregular situations” and “couples of the same sex.” Catholic traditionalists decried the document; a group of bishops in Africa issued a joint statement saying that they would not allow such blessings in their dioceses. Yet, through all this, the Vatican did not alter its official characterization of homosexuality as an “objective disorder,” nor its declaration (found in “Catechism of the Catholic Church,” from 1992) that “everyone, man and woman, should acknowledge and accept his sexual identity”—the biological sex he or she is born with, that is.

When Francis was elected, the doctrinal office was run by Archbishop Gerhard Müller, a traditionalist who had been appointed by Pope Benedict XVI—the former Cardinal Ratzinger. Müller eventually set himself against the new Pope, suggesting, for example, that Francis’s apparent solicitude, in the 2016 apostolic exhortation “Amoris Laetitia,” toward Catholics who divorced and remarried was at odds with Church teaching. In 2017, Francis declined to renew Müller’s appointment, and promoted his deputy, Luis Francisco Ladaria Ferrer, a Spanish Jesuit. Finally, last July, after the D.D.F. was reorganized, Francis appointed his own close associate, Víctor Manuel Fernández, a fellow-Argentine who was then an archbishop, to lead it. In a public letter to the new prefect, Francis warned against a “desk-bound theology” infused with “a cold and harsh logic that seeks to dominate everything.” He urged the D.D.F. to be open to fresh “currents of thought in philosophy, theology, and pastoral practice” and stressed that the office must maintain Catholic doctrine, “but not as an enemy who critiques and condemns.” Francis made Fernández a cardinal in September. In October, the Vatican hosted a monthlong Synod on Synodality assembly, which brought some four hundred and fifty Church leaders from around the world to Rome, to take part in daily sessions meant to foster a “listening” and “discerning” Church. The synod process (which began in local churches worldwide in 2021) was promoted as a key initiative of Francis’s pontificate, and as a new way of proceeding for the Vatican.

This Monday, the D.D.F. released “Dignitas Infinita,” a document, five years in preparation, about “the dignity of the human person in Christian anthropology.” Its release was expected, and it was characterized by the press as unsurprising—“something of a repackaging of previously articulated Vatican positions, read now through the prism of human dignity,” as Nicole Winfield, an Associated Press correspondent based in Rome, put it. The document reiterates the Church’s stands against abortion and euthanasia, and amplifies its opposition to surrogate motherhood and what it calls “sex change” procedures. But, for the first time in a document of this stature, it groups those practices with broader phenomena that the Church opposes, such as war, economic inequality, human trafficking, “the marginalization of people with disabilities,” cruelty to migrants, violence against women, sexual abuse, and the death penalty, among others. According to Fernández, last November Pope Francis urged the office to make the document present issues connected to matters of human dignity, the personal and the social, as parts of a whole—a striking departure from the Church’s way of framing issues involving the body in terms of individual moral conduct. This approach has upset many for seeming to establish false equivalences. But the document has been praised in the Catholic press: the news site Crux saw it “uniting Pope Francis’s progressive social agenda with the traditional moral and ethical concerns of his predecessors.

The document is thick with citations of past statements by Francis, Benedict, and Pope John Paul II. Building on last December’s blessing of “couples of the same sex,” it affirms the Church’s opposition to discrimination on the basis of sexual orientation. But it complains that “the concept of human dignity is occasionally misused to justify an arbitrary proliferation of new rights.” It denounces “gender theory” for seeking to obscure, or do away with, the “foundational” quality of “sexual difference,” which belongs to the body created “in the image of God,” and it rejects any “sex-change intervention,” insisting that respect for one’s humanity must begin with respect for the body “as it was created.”

While “Dignitas Infinita” is the most important statement to be issued by the D.D.F. under the new prefect, it is best seen as a final expression of the old C.D.F.’s admonitory approach. For example, the fresh social emphasis Francis evidently sought to give it by grouping sex and gender with affronts to human dignity serves instead to point up the offhand, ad-hominem quality of its remarks on gender identity. Consider this passage: “Desiring a personal self-determination, as gender theory prescribes . . . amounts to a concession to the age-old temptation to make oneself God, entering into competition with the true love of God revealed to us in the Gospel.” In the nearly twelve-thousand-word text, that passage stands out both for its extreme rhetoric and its denunciation of individual behavior. It comes amid a dense, footnoted passage about the interaction of gender theory and human rights; suddenly the reader is presented with a citation-free sketch of an abstract individual, as imagined by a curial official. This individual is not credited with any effort of reflection or discernment—not seen as striving to join the physical and social aspects of personhood to the inward person (which some trans people identify as the God-given person), or as seeking to reconcile body and soul, as Christian believers have always sought to do. This individual is simply said to be succumbing to the temptation “to make oneself God.” Thus gender identity, whose complexities call for a complex response informed by emerging currents of thought, is fit into the Vatican’s textbook critique of post-Enlightenment social movements, and reduced to one more iteration of individual self-determination run amok—the way the Vatican characterized gay life a generation ago.

At a press conference about the new document, when Winfield from the A.P. asked Cardinal Fernández whether the Church might consider withdrawing the term “intrinsically disordered,” the prefect admitted that the phrase “needs to be explained a lot” and added, “Perhaps we could find a clearer expression.” Indeed, the arc that the Vatican’s approach to homosexuality has taken in the past four decades—from a “condition” to be dealt with to a way of being that can be blessed—might have prompted the D.D.F.’s theologians, as they give greater attention to gender-identity issues, to consider adopting some nuance and a stance of humility toward them.

Fortunately, there is an opportunity for the Vatican to really change its approach. At last October’s Synod gathering, participants discussed sex and gender intermittently, but their comments were largely kept out of the summary document, which emphasized procedural matters. This October, the participants will return to Rome for another month of collective listening and discernment. This time, gender identity should be firmly on the agenda. With that singular passage in the new document, the Vatican has put it there.

Complete Article HERE!

He spent 17 years as a priest in exile.

— His final act: a scorching ‘farewell letter’ to the Catholic Church

Tim Stier poses in his condo at Rossmoor in Walnut Creek , Calif. on Saturday, July 9, 2022. Stier was defrocked in March by the diocese for reasons such as protesting the diocese’ cover-ups of sexual abuse, their treatment of women and LGBTQ practitioners.

By Rachel Swan

He spent 17 years as a priest in exile, railing against what he said were the misdeeds and cover-ups of the Roman Catholic Diocese of Oakland, until the Vatican finally cut him loose in March.

Months later, Tim Stier delivered his final salvo: a scorching “farewell letter” that condemned several bishops, criticized the Catholic clergy for retrograde attitudes toward gender equity and LGBTQ civil rights, and cited specific allegations of sexual abuse that Stier says the church ignored or tried to conceal.

His missive became a new flare-up for an institution grappling with public controversies over abortion and civil rights, and with the fallout from a painful history of abuse that has jolted parishes throughout the country.

“Dear No-Longer-Fellow Priests,” it began, “this will likely be my farewell letter to most of you, which may be glad tidings to those of you who did not enjoy hearing from me.”

In recent interviews with The Chronicle, Stier reflected on the blistering critique he wrote and distributed widely, an apogee to nearly two decades of protest, penned four months after his defrocking on March 19.

The ousted priest counts himself among a small community of early whistleblowers who have tried to persuade Catholic clergy to atone for past wrongs and to pull the church into modern times.

“If you speak out on these issues, you’re going to be crushed,” Stier said.

A spokesperson for the Oakland diocese did not respond to specific allegations in Stier’s letter, but sent a statement to The Chronicle about his ouster.

“We wish Mr. Stier all the best in this new chapter in his life,” the statement read. “The process by which the pope removes a man from the clerical state, which you reference as the ‘defrocking process,’ is extensive and thorough. Therefore, it can take considerable time.

“You’ll need to ask Mr. Stier why he made the decision to abandon his priestly vows and ministry many years ago.”

Pelosi vs. Cordileone

Tension between church leaders who wish to preserve rigid doctrine and parishioners who want a more open dialogue has been playing out in the largely liberal Bay Area. San Francisco Archbishop Salvatore Cordileone, who previously served as bishop in Oakland, recently denied communion to House Speaker Nancy Pelosi, a San Francisco Democrat, saying she must renounce her support of abortion rights.

Pelosi later received communion during a trip to the Vatican last month.

By standing up against the system, Stier speaks for a majority of Catholics who support LGBTQ rights and the ordination of women and denounce sexual abuse, said Marianne Duddy-Burke, executive director of DignityUSA, an organization that advocates for equal treatment of all of the faithful in the Catholic church.

Most of the nation’s 433 active and retired bishops follow the official teaching that gay and lesbian relationships are “objectively disordered,” and some have passed policies against the use of pronouns that don’t reflect the gender a person was assigned at birth, Duddy-Burke said.

She views Stier as a symbol at a moment of upheaval in the Catholic church — an outlier among diocesan priests, many of whom behave as “company men,” intent on ascending the hierarchy. Yet the positions Stier represents are “very valid and well within the Catholic mainstream,” Duddy-Burke said, even if the average parishioner or clergymember does not feel empowered to express them.

Over the years, Stier said, “I would get cards and letters from priests supporting what I was doing. I invited them to come (demonstrate) on Sunday mornings, but none of them were willing to risk that.”

He said a system committed to top-down authority, mandatory celibacy and the subordination of women’s voices may have to collapse before it can evolve. The church’s resistance to change may be its undoing, he said, “either through bankruptcies” from lawsuits “or disgrace.”

Stier has cast himself as an agitator from within, sustaining his Catholic faith even as he published op-ed pieces about the alleged hypocrisy of the church, or picketed outside Oakland’s cathedral on Sundays, with signs that demanded inclusion and structural reform.

“He’s been very consistent from the beginning about what his views were,” Stier’s friend, Margery Leonard, said.

Leonard, a retired teacher, met Stier when he served as pastor of Corpus Christi, her parish in Fremont, during the 1990s. Even then, he was outspoken, she said, delivering homilies that applied scripture to contemporary issues, such as homelessness or racial diversity, and trying to engage clergy in discussions about over-eating and alcoholism among priests.

“The clergy are very efficient at giving directions, but it’s just not a democratic group,” Leonard said.

Bishop Michael Barber

She became an ally of Stier during his two decades on the margins, after he became disillusioned with the church and refused a parish assignment from Bishop Allen Vigneron in 2005.

At the time, Stier said, he insisted that Vigneron publicly confront “three issues roiling the Church”: the sexual abuse of minors by clergy and bishops’ efforts to hide it; the refusal to ordain women and treat them equitably; and the cruel treatment of LGBTQ parishioners “based on an outdated theory of human sexuality.”

The diocese “didn’t know what to do with me,” Stier said. “They were hoping I’d come back. I was a well-respected, competent pastor.”

Bishop John Cummins
What began as a standoff became a protracted stalemate. From 2010 to 2021, Stier stood on the sidewalk during each Sunday mass, holding his signs and hoping that Bishop Michael Barber would emerge from the cathedral to speak with him. And during all that time, the bishop never did, he said.

He surmised that Barber was embarrassed by the public crusade, and by Stier’s demand for Barber to “hold accountable” retired Bishop John Cummins, who had ordained Stier in 1979, but who Stier later accused of abetting sexual abuse of minors by moving predatory priests from one parish to another.

Representatives of the Archdiocese of Detroit, where Vigneron now serves as archbishop, declined to comment, deferring to their counterparts in Oakland. Attorneys for Cummins did not return phone calls, and a spokesperson for the Oakland diocese declined to comment on the retired bishop’s behalf.

Stier cited several examples in his letter of priests who served during Cummins’ tenure and who the Oakland Diocese subsequently deemed “credibly accused of sexual abuse by a minor.” One of them, Stephen Kiesle, pleaded no contest to charges of lewd conduct in 1978, for allegedly tying up and molesting two boys at Our Lady of the Rosary Parish in Union City, where he was a priest and teacher.

Two years ago, one of Kiesle’s alleged victims sued him, the diocese and Cummins, claiming the retired bishop knew Kiesle was a danger to children but allowed him to work with them anyway. The suit is part of a coordinated action involving more than a hundred plaintiffs against various dioceses and other church entities, with the first case set to go to trial next year, said Kiesle’s lawyer, Mark Mittelman.

Stephen Kiesle
Attorneys for Cummins and Kiesle have denied all of the allegations, according to court filings.

Separately, Kiesle was arrested this year on charges of killing a pedestrian while allegedly driving drunk in a Walnut Creek retirement community. He was freed on $250,000 bail in April and the case is pending.

Stier succeeded Kiesle at Our Lady of the Rosary in 1979, the year he was ordained. At the time, parishioners informed him of Kiesle’s misconduct, he said, but he heard nothing from the pastor or the diocese.

“It was so secretive in those days,” he told The Chronicle, noting that, before 1979, he had no inkling that priests had used their position to victimize others.

In interviews, Stier pointed to two factors that motivated him to write the letter. The first, he said, was a desire for closure. Second, he wanted to leave a record “of what I learned during my 17 years of voluntary exile from active priesthood,” working with abuse survivors and other people he views as marginalized by the archdiocese.

Once he’d finished and signed the missive, he printed out copies and mailed them to 60 priests. Fifty-nine didn’t respond; one sent a short, polite acknowledgment.

This month the letter appeared on BishopAccountability.org, a website and database that tracks alleged abuse by clergy.

The nonprofit Survivors Network of Those Abused by Priests, or SNAP, defended and praised Stier in a statement.

“It is ironic that a priest who showed integrity has been defrocked for taking a stand for what he believes is just,” the statement read, “while priests who molested children were hidden, paid and never forced to leave the church.”

Complete Article HERE!

Cleveland Catholic Diocese should release more names, child-abuse victims’ advocate groups say

Claudia Vercellotti, who heads the Ohio chapter of the Survivors Network of those Abused by Priests, and Anne Barrett Doyle, co-director of the Boston-based research organization BishopAccountability.org, spoke on the sidewalk outside of the Cathedral of St. John the Evangelist in downtown Cleveland.

By Jonathan Walsh

Release more names and more information. That was the call from victims advocates to the Catholic Church in Cleveland. The recent revelation of a former St. Ignatius priest being credibly accused of abusing children has sparked one organization’s deeper dive into priests who’ve served in the Cleveland Catholic Diocese.

Anne Barrett Doyle is the co-director of BishopAccountability.org. She stood in front of the Downtown cathedral today saying dozens of additional names of priests should be on the Cleveland Catholic Diocese credibly accused list. One of the names is a priest who we broke the story on last year.

“It’s hard to trust people,” said Tammie Mayle in tears just last year in a News 5 exclusive investigation. At the time, she had just filed a lawsuit saying while she was a child at the former orphanage called Parmadale, Father John Leahy abused her.

“(He) guided another child and myself to have sexual acts…in front of him and three or four other males,” she said in the interview.

“These are secrets that the diocese knows or should know,” said Barrett Doyle, who announced today that she has found 50 names, many of whom are on other dioceses’ lists across the country, that should be included on the Cleveland list. One of her names is Leahy.

“The case of Reverend John Leahy is a perfect example of the damage that (current diocese leader) Bishop Malesic is doing with his silence about abuse,” she told us.

Barrett Doyle said Bishop Edward Malesic is not doing enough to inform the community. She said in contrast, the Jesuits recently released information about Father Frank Canfield at St. Ignatius High School and the credible allegations against him, even providing a frequently asked questions section on its site.

She told us Cleveland deserves transparency. “I want this to be a place where kids are protected, where victims are honored and validated,” said Barrett Doyle.

Claudia Vercellotti, from the organization Survivors Network of those Abused by Priests or SNAP, said there are up to 145 more priests who were in Cleveland that could be named.

“Give a full, unabridged accounting of all credibly accused clerics, volunteers, staff members,” said Vercellotti. “It’s not just the sexual predator. It’s those who knew or should have known and provided cover.”

We went straight to the diocese offices to get their side of the story. No representatives came out to answer our questions on camera.

“This is information that belongs to the victims, that belongs to the families of the victims, that belongs to the faithful of Cleveland,” said Barrett Doyle.

The faithful, like Mayle, said it’s not as simple as just forgetting about the abuse she endured.

“How often do you think of that?” we asked.

“My whole life,” Mayle responded.

The list of the 50 names released today can be found on the site BishopAccountability.org.

The Cleveland Catholic Diocese released this statement in response to today’s news conference:

“The Catholic Diocese of Cleveland is steadfastly committed to the protection and safety of children, as demonstrated in its robust policies regarding background checks, its education and training, its commitment to reporting all allegations of child sexual abuse to civil authorities, and by the fact that no cleric in the Diocese of Cleveland against whom a substantiated allegation has been made is permitted to ever again serve in ministry. 

The Diocese also makes public the names of any cleric who has been accused of child sexual abuse, regardless of when the alleged conduct took place or whether the accused is alive or deceased, provided the allegation is substantiated.

This list does not include non-diocesan clergy (clerics serving other dioceses) or clerics who belong to a religious order, only clerics of the Diocese of Cleveland. 

For more comprehensive information on how the Diocese of Cleveland reports and compiles these lists and to view the current list, please visit our website.

Complete Article HERE!

People say they’re leaving religion due to anti-LGBTQ teachings and sexual abuse

— The PRRI poll found that the vast majority of those who are unaffiliated are content to stay that way. Just 9% of respondents say they’re looking for a religion that would be right for them.

Symbols of the three monotheistic religions

By Jason DeRose

People in the U.S. are leaving and switching faith traditions in large numbers. The idea of “religious churning” is very common in America, according to a new survey from the Public Religion Research Institute (PRRI).

It finds that around one-quarter (26%) of Americans now identify as religiously unaffiliated, a number that has risen over the last decade and is now the largest single religious group in the U.S. That’s similar to what other surveys and polls have also found, including Pew Research.

PRRI found that the number of those who describe themselves as “nothing in particular” has held steady since 2013, but those who identify as atheists have doubled (from 2% to 4%) and those who say they’re agnostic has more than doubled (from 2% to 5%).

This study looks at which faith traditions those unaffiliated people are coming from.

“Thirty-five percent were former Catholics, 35% were former mainline Protestants, only about 16% were former evangelicals,” says Melissa Deckman, PRRI’s chief executive officer. “And really not many of those Americans are, in fact, looking for an organized religion that would be right for them. We just found it was 9%.”

That these people are not looking for a religion has, Deckman says, implications for how and even whether houses of worship should try to attract new people.

Among other findings: The Catholic Church is losing more members than it’s gaining, though the numbers are slightly better for retention among Hispanic Catholics.

There is much lower religious churn among Black Protestants and among Jews who seem overall happy in their faith traditions and tend to stay there.

As for why people leave their religions, PRRI found that about two-thirds (67%) of people who leave a faith tradition say they did so because they simply stopped believing in that religion’s teachings.

And nearly half (47%) of respondents who left cited negative teaching about the treatment of LGBTQ people.

Those numbers were especially high with one group in particular.

“Religion’s negative teaching about LGBTQ people are driving younger Americans to leave church,” Deckman says. “We found that about 60% of Americans who are under the age of 30 who have left religion say they left because of their religious traditions teaching, which is a much higher rate than for older Americans.”

Hispanic Americans are also more likely to say they’ve left a religion over LGBTQ issues. Other reasons cited for leaving: clergy sexual abuse and over-involvement in politics.

The new PRRI report is based on a survey of more than 5,600 adults late last year.

About one-third of religiously unaffiliated Americans say they no longer identify with their childhood religion because the religion was bad for their mental health. That response was strongest among LGBTQ respondents.

The survey also asked about the prevalence of the so-called “prosperity Gospel.” It found that 31% of respondents agreed with the statement “God always rewards those who have good faith with good health, financial success, and fulfilling personal relationships.”

Black Americans tend to agree more with these theological beliefs than other racial or ethnic groups. And Republicans are more likely than independents and Democrats to hold such beliefs.

Complete Article HERE!

Dismay as Louisiana lookback law for child sexual abuse victims struck down

— Court rules 4-3 to overturn law that had allowed victims to file civil suits over sexual abuse that took place decades ago

By David Hammer

In a split ruling that has major implications for hundreds of child sexual abuse victims, the Louisiana state supreme court has struck down a law that had allowed victims to file civil lawsuits over molestation that happened decades ago.

Child molestation victims and their advocates were devastated by the 4-3 ruling from a court whose members are elected.

Lawyers Richard Trahant, Soren Giselson and John Denenea, who represented the plaintiffs in the case at the center of Friday’s ruling, said: “Today, four of the seven … justices overruled a law passed by a unanimous Louisiana legislature, signed by then governor [John Bel] Edwards, supported by then attorney general and current governor Jeff Landry and current attorney general Liz Murrill. That’s nearly 200 elected officials who viewed this law as being constitutional.

“Four elected officials just obliterated that. They cannot fathom the excruciating pain this decision has heaped upon adults who were raped as children and already suffer a life sentence.”

Richard Windmann, president of Survivors of Childhood Sex Abuse, said: “Once more the victims and survivors of childhood sex abuse have been denied justice. The institutionalized, systematic and wholesale rape of our children by these organizations is self-evident.”

Windmann pledged to take the case to the US supreme court if necessary, calling it “the final stop to see if we, as human beings, are going to let these atrocities stand and continue to happen”.

Kathryn Robb of ChildUSA, an advocacy group that helped pass lookback or revival windows across the country, said Friday’s ruling meant “predators and institutions that protect predators are going to continue with their bad practices”.

“They’re going to continue with their coverup,” Robb said. “They’re going to continue with putting children in harm’s way. And so I’m saddened. I’m saddened by this decision.”

Such laws were upheld as constitutional in 24 states and the District of Columbia. Louisiana now joins Utah as the only states to find them unconstitutional, Robb said.

Louisiana’s supreme court heard arguments in January involving cases filed against the Roman Catholic diocese of Lafayette over allegations that a priest in that region – about 135 miles (217km) west of New Orleans – molested several children between 1971 and 1979.

The lawsuits were filed under a “lookback window” law the Louisiana legislature passed unanimously in 2021, which eliminated deadlines for old claims in recognition of scientific research that found the average victim doesn’t come forward until that person is 52 years old.

Four Louisiana supreme court justices – James Genovese, Scott Crichton, Jeff Hughes and Piper Griffin – concurred that the “lookback window” law is unconstitutional. The majority opinion written by Genovese said reviving old sexual abuse claims violated the due-process rights of alleged abusers and their enablers to no longer be sued for damages once the original deadline to do so had passed.

The deadlines for filing such lawsuits have changed over the years. In the 1960s and 70s, victims – even children – had a single year to come forward. Those deadlines were extended in the 1980s and 90s to allow child victims to file suit well beyond their 18th birthdays. In 2021, such deadlines were eliminated entirely.

Several justices said from the bench that, regardless of how horrendous the harm caused by child molestation, applying the law retroactively raised constitutional concerns. But in his dissent Friday, Justice William Crain said Louisiana lawmakers should retain the power to give that right to victims.

“Absent a constitutional violation, which defendants have not established, the forum for this debate is the legislature, not this court,” Crain wrote. “The legislature had that debate and – without a single dissenting vote – abolished the procedural bar and restored plaintiffs’ right to sue.”

Crain was joined in dissent by colleagues Jay McCallum and John Weimer, the court’s chief justice.

Friday’s ruling does not affect measures eliminating deadlines to demand civil damages in cases of child sexual abuse that occurred after the law was enacted in 2021.

The lookback window struck from the books Friday was not exclusively for clergy abuse claimants. But it prompted many new cases of that nature against Louisiana’s Catholic institutions and clerics who worked for them.

Among the organizations standing to gain most from Friday’s ruling is the archdiocese of New Orleans, which declared bankruptcy in 2020 in an attempt to dispense with a mound of litigation related to a decades-old clerical molestation scandal there. The lookback window was the strongest legal weapon that clergy abuse accusers seeking damages from the archdiocese had in their efforts to drive the value of their claims up.

With the lookback window no longer a factor, the archdiocese’s efforts to settle those claims for as cheaply as possible received a significant boost.

“The organizations that enable and protect child molesters are rejoicing over this ruling,” said attorney Kristi Schubert, who represents a number of clerical abuse claimants caught up in the New Orleans archdiocese’s bankruptcy. “The ruling shields wrongdoers from the consequences of their evil actions.”

Some supporters of Catholic clergy abuse victims expressed concern that the Louisiana supreme court would ultimately rule against them after its justices prayed with New Orleans archbishop Gregory Aymond at a service in October at St Louis Cathedral. Organizers said the service’s purpose was for members of Louisiana’s legal profession to join Aymond – the leader of the state’s conference of Catholic bishops – in praying for the healing of clerical molestation victims.

Neither the archdiocese of New Orleans nor the diocese of Lafayette immediately commented on Friday’s court decision when asked.

Complete Article HERE!