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The Obama administration in a brief to the Supreme Court has backed the Vatican's claim of immunity from lawsuits arising from cases of sexual abuse by priests in the United States.
The Supreme Court is considering an appeal by the Vatican of an appellate court ruling that lifted its immunity in the case of an alleged pedophile priest from Oregon.
In a filing on Friday, the solicitor general's office argued that the Ninth Circuit court of appeals erred in allowing the lawsuit brought by a man who claims he was sexually abused in the 1960s by the Oregon priest.
The FSIA is primarily a jurisdictional statute. For the most part, it indicates what conditions must be met in order for a lawsuit against a foreign state to be instituted, not what conduct by a foreign sovereign is actionable. If a foreign defendant qualifies as a "Foreign State" under the FSIA, the Act provides that it shall be immune to suit in any U.S. Court—federal or state—unless a statutory exception to immunity applies. The applicability of an exception to immunity is a matter of subject-matter jurisdiction, meaning if there is no exception to immunity, a court cannot hear the claim and must dismiss the suit.
Originally posted by truthseeker1984
It would seem to me that child molestation cases would be an exception to immunity from lawsuit in a US Court of Law, and it represents a rather heinous crime and a huge breach of trust.
My conspiratorial mind at work asks the question as to whether this may be a form of pandering for the Catholic vote?
The Vatican plans to argue that Catholic dioceses are run as separate entities from the Holy See, and that the only authority that the pontiff has over bishops around the world is a religious one, according to Jeffrey Lena, the Vatican's US attorney.
Originally posted by dolphinfan
On this point though, you want the administration supporting the law and if that benefits the church, that is a by-product. I'm more interested in support of the law than I am anything that happens with the church.
Originally posted by DaMod
reply to post by traditionaldrummer
I would rephrase your "members of the catholic church" part. I am a "member of the catholic church", I've never raped or molested anyone. You also have to remember not all priests are pedophiles. Many of them publicly slander priests that are since they make the good ones lives much harder. I'm sure my priest (who is a good man and not a pedophile) would like to take kids on a field trip without an amber alert being issued.
"The devil in the Catholic Church is so protected now that he is like an animal protected by the government; put on a game preserve that outlaws anyone, especially hunters, from trying to capture or kill it. The devil within the Church today is actually protected by certain Church authorities from the official devil-hunter in the Church -- the exorcist. ... To the question, 'Are there men of the curia who are followers of Satan?' Milingo responded, 'Certainly there are priests and bishops. I stop at this level of ecclesiastical hierarchy because I am an archbishop, higher than this I cannot go.' Milingo cited papal statements to back up his charges. 'Paul VI said that the smoke of Satan had entered into the Vatican." -- Archbishop Milingo
In 1992 Pope John Paul II officially conceded that the Earth was not stationary - it revolved around the sun - but was this the end of the story??
6 But whoso shall offend one of these LITTLE ONES which believe in me, it were better for him that a millstone were hanged about his neck, and that he were drowned in the depth of the sea.
Originally posted by traditionaldrummer
However, there exists a hazy ground between two laws: that of the crime of running an organized child rape ring actively covered up by the Vatican and the 1976 federal act declaring diplomatic immunity for foreign countries.
Originally posted by sdcigarpig
It is shameful that a priest would abuse a child and such needs to stop, however, the Vatican is correct that the different diocese and churches are individuals to their own part in each city and country.