Courts divided on handling suits against dioceses, says USCCB counsel

Published: 2005-05-06

WASHINGTON (CNS) -- Courts across the United States are divided when it comes to handling civil suits against dioceses because of harmful behavior by priests, such as in child sex abuse cases, said Mark Chopko, general counsel for the U.S. Conference of Catholic Bishops. Given the constitutional guarantee of freedom of religion, the differences involve how deeply courts want to go or feel they can go in trying to regulate the employer-employee relationship of a bishop and a priest, he said. Chopko told Catholic News Service May 5 that there are three different general approaches taken by courts: some hold religious organizations to the same liability standards as secular employers; others say that religious organizations are not secular organizations and cannot be held to the same standard because the Constitution acts as a barrier in these cases; and still others hold that a religious organization has a responsibility to prevent harmful actions by priests if the actions are clear, demonstrable and repeated.

Copyright (c) 2005 Catholic News Service /U.S. Conference of Catholic Bishops. The CNS news report may not be published, broadcast, rewritten or otherwise distributed, including but not limited to such means as framing or any other digital copying or distribution method, in whole or in part without the prior written authority of Catholic News Service .