March 03, 2005

Vatican asks Condoleezza Rice to help stop a sex abuse lawsuit

ROME
National

By John L. Allen Jr.
NCR Rome Correspondent

Alongside predictable exchanges on Iraq, the Middle East and religious liberty, U.S. Secretary of State Condoleeza Rice in her Feb. 8 visit to the Vatican also received an unexpected request -- to intervene in a U.S. lawsuit naming the Holy See as the defendant in a sex abuse case.

Church sources told NCR that Rice was asked by Cardinal Angelo Sodano, the Vatican's Secretary of State, whether the United States government could stop a class-action lawsuit currently before a United States District Court in Louisville, Ky., that seeks to hold the Vatican financially responsible for the sexual abuse of minors.

Sources told NCR that Rice explained that under American law, foreign states are required to assert claims of sovereign immunity themselves before U.S. courts.

Vatican spokesperson Joaquin Navarro-Valls, asked by NCR for comment, responded March 2: "It's obvious and reasonable that the Holy See would present its positions as a sovereign entity to the American State Department, and recall the immunity for its acts that international law anticipates."

It's not the first time, according to observers, that the Vatican has asked the State Department for help on a legal matter.

Most experts say that lawsuits against the Vatican in American courts, such as the Kentucky case that prompted Sodano's request, are a long shot. At least two dozen previous attempts have gone nowhere, not only because the Vatican is a sovereign state, but also because American courts are generally reluctant to deal with religious matters on First Amendment grounds.

Posted by kshaw at March 3, 2005 09:36 AM