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PopeWatch: Kagan Sides With Vatican on Abuse Lawsuit

posted by Nicole Neroulias

Updated at 4:30 p.m. to add attorney responses:

Some good news for Pope Benedict: the Obama administration, in a brief filed by Solicitor General and Supreme Court nominee Elena Kagan, has sided with the Vatican in the 2002 Oregon lawsuit pending SCOTUS review over sex abuse claims, saying that the Holy See has diplomatic foreign sovereign immunity. (This doesn’t address the other point of contention with these Vatican lawsuits: can American clergy be considered Vatican employees or not?)

The brief was filed Friday, and suggests that the Supreme Court send the case back for further consideration. Check out John L. Allen Jr.’s story in National Catholic Reporter for more details. The Wall Street Journal reports that victims advocate Jeff Anderson finds the brief “a little perplexing” but remains heartened that it didn’t recommend more drastic action. No word yet on any response from Vatican’s U.S. attorney Jeffrey Lena, such as whether he will now push to get the Supreme Court to dismiss the case entirely.

In related news so far this week, here’s some links from Religion News Service’s blog:

The head of the Italian bishops conference is asking Catholic families to “trust” the church to do the right thing in handling the abuse scandal. Victims’ advocates don’t like that a former Massachusetts bishop has moved from a treatment center for troubled priests into a retirement facility in Washington. Catholic officials in Vermont will sell church headquarters and 32 lakefront acres in Burlington to help funds a massive sex abuse settlement.

An Australian Catholic bishop blamed the sex abuse scandal on the Catholic Church’s focus on “sin and forgiveness rather than crime and punishment.” A Polish priest has turned himself into police in Brazil after authorities said transformed his rectory into an “erotic dungeon.”

Sheesh — it’s only Tuesday! Check back for updates and share your thoughts in the Comments section below.

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Comments read comments(5)
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Ray

posted May 26, 2010 at 1:21 am


The Vatican has expelled priests, etc, in the past.
Yet here the Vatican says that dioceses are run independently.
Since the Vatican has expelled priests, etc, in the past, the Vatican had the power and authority to keep this priest (who was accused of sexual abuse in Ireland) from coming to Oregon. And the Vatican should have done exactly that.
This game of the Vatican exerting its power when it chooses to and saying that dioceses are run independently when it suits them needs to stop.
This priest apparently served in Chicago, too.
Is he a friend of Obama?



report abuse
 

George

posted May 26, 2010 at 4:30 am


It is possible to trace the beginning of the culture wars and extreme polarization poliltically and culturally in the US from the time that Ronald Reagan elevated the Holy See’s diplomatic relationship with the US. From that point on it has been full press in American politics, using the “life” issues- abortion, etc- to allow Americans to accept Catholic positions on everything else. The Republican party is the prime example of this, as well as Nancy Pelosi’s recent scolding of the Church leadership in the US regarding the immigration issue. The Vatican fears that its diplomatic immnuity could be touched, and will do everything and anything to remain above the law in the US, as it does in most other countries where it has established a concordat with the government. If Nike or Microsoft exhibited this amount of corruption, illegality, scandal, and disregard for the American constitution, would we be protecting them? One only needs to look at Italy and see the fruit of five hundred (or more) years or Catholic culture to question why we are continuing to cede ground in the US to this organization and its anti-democratic positions. What exactly does it have to teach us?



report abuse
 

joe gonzalez

posted May 26, 2010 at 11:46 am


I’m not an expert on jurisprudence, but it seems to me that the so-called ” diplomatic immunity ” brings on more difficulties than it allays. Someone representing a foreign government in another sovereign state should submit willingly to the latter’s state’s extant laws. A non-diplomatic resident of any rank and stature in a foreign country is subject to that country’s laws, de-facto. Whether or not he gets common treatment because of his influence is another question altogether. Representatives of countries where women’s rights are not respected should not find themselves absolved of abusing women just because they form part of the retinue of that country’s representation. Law should not be based solely on common practice, but mainly and principally on justice. With this element lacking, the deterrent effect of law would not represent a valid constraint on a foreign diplomat or his/her ilk. This is something that has to be rehashed in the interest of the common good.



report abuse
 

Goodguyex

posted May 26, 2010 at 1:06 pm


This directive is a no brainer. The pope is not liable for anything about this. And even if he were, there is scant evidence that he has been involved in any derogatory way in this issue.
Yes, he was there, and he communicated to people and delt with things so to some he may be “guilty by association” but everybody and his brother is guilty by assoication for something.
This is not a liberal or conservative issue. If the pope were liable, so would be the president of the United States on some things in foreign affairs. The days of the United States doing extraterritorial Might Is Right crap needs to come to an end anyway. Only in the United States would some lawyers be even conceiving of doing something like this.



report abuse
 

Robert C

posted May 26, 2010 at 1:49 pm


Got to laugh at this crap. If you applied the same standard to the US government, George, anywhere else in the world, we’d be under indictment with Obama liable for prosecution. In political practice in country after country, the US has been one of the more anti-democratic forces in the modern world. Microsoft, although quite impressive these days, is not a 1500 year old legally established entity sanctioned by every western nation. I somehow don’t think that Bill gates ever was institutionally endowed with the position of Pontifus Maximus, nor do I remember Bill gates being pretty much responsible for bringing down the Soviet Bloc. The beat goes on with those self appointed vigilantes who want to muffle the voice of the church.



report abuse
 

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