Thursday, May 20, 2010

Are bishops Vatican employees or officials?

The Vatican has asked a court in Kentucky to throw out a lawsuit that claims the Holy See should have to pay damages to victims of pedophile priests.

The victims’ lawsuit says bishops in the United States were part of a Vatican cover-up of abuse.

It says the bishops didn’t prevent the abuse and didn’t report it.

The Vatican says the bishops are not its employees.

It says the bishops aren’t church “officials” either.

The plaintiffs say that’s nonsense because the pope appoints bishops and can remove them.

Rome also sets rules the bishops must follow and has oversight of some decisions by bishops, for example in financial matters.

The Vatican basically is arguing that each diocese is independent.

The Louisville Archdiocese, for example, reached a $25.3 million settlement with 243 victims in 2003.

A lawyer who represented those victims says Rome is liable over and above that. Similar cases are being argued in other states.

One from Wisconsin, for example, says the Vatican prevented the disciplining of a Milwaukee priest who abused 200 deaf boys.

The relationship between the Vatican and bishops is complicated, both in theologically matters and for more mundane legal issues such as to what extent the Vatican can protect its bank accounts from plaintiffs.

But whatever the legal reasons for the Vatican to disown its bishops, the assertion that Bishops are independent contractors of some sort has the distasteful effect of disowning victims that, whether the Vatican is legally responsible or not, the church failed to protect.

It’s hard to find a moral defense for that legal defense.

SIC: PBP