As a matter of self-promotion (rather than observation or judgment)
that I hope may be helpful to others, I remind list members that Bob
Tuttle and I have recently published an article entitled "Sexual
Misconduct and Ecclesiastical Immunity," 2004 BYU L. Rev 1789
(part of a Symposium on Church Autonomy, to which Marci
Hamilton also made a contribution). Bill Marshall (UNC), Cheryl
Preston (BYU), and Mark Chopko (General Counsel, U.S.
Conference of Catholic Bishops) each published a comment on our
piece as part of the Symposium.
Chip Lupu
On 8 Apr 2005 at 13:47, [EMAIL PROTECTED] wrote:
>
> Some of the cases do indeed ask the question whether a church is
> liable for covering up
> pedophile behavior among its clergy (though that is only one part of
> the sex abuse and churches category). Courts have rejected clergy
> malpractice claims on the ground that courts have no business
> determining what a reasonable clergy person would do. That makes a lot
> of sense.
>
> The majority of courts, however, have held or are moving toward a rule
> that churches can be held liable for negligent supervision and
> retention, because the standard is not what a reasonable church would
> do vis-a-vis children, but rather what any reasonable employer would
> do when it has the knowledge that an employee is a danger to children
> and makes the decision whether to place the adult within easy access
> of children or not.
>
> By way ofobservation and not judgment, I have yet to see any case
> involving a church as a defendant (regardless of the harm, tort,or
> crime alleged) where the churchdoes not raisesome First Amendment
> claim to avoid liability and/or to narrow the claim.
>
> Marci
Ira C. ("Chip") Lupu
F. Elwood & Eleanor Davis Professor of Law
The George Washington University Law School
2000 H St., NW
Washington D.C 20052
(202) 994-7053
[EMAIL PROTECTED]
[EMAIL PROTECTED]
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