September 20, 2005

U.S. government says pope immune from lawsuit

ROME
Fort Worth Star-Telegram

NICOLE WINFIELD
Associated Press

ROME - The U.S. government has told a Texas court that Pope Benedict XVI should be given immunity from a lawsuit accusing him of conspiring to cover up the sexual molestation of three boys by a seminarian, court documents show.

Assistant U.S. Attorney General Peter Keisler said in Monday's filing that, as pope, Benedict enjoys immunity as the head of a state - the Vatican. He said that allowing the lawsuit to proceed would be "incompatible with the United States' foreign policy interests."

There was no immediate ruling from Judge Lee Rosenthal of U.S. District Court for the Southern District of Texas in Houston, who has been presiding over the case. However, the Supreme Court has held that U.S. courts are bound by such "suggestion of immunity" motions submitted by the government, Keisler's filing says.

In fact, a 1994 lawsuit against Pope John Paul II, also filed in Texas, was dismissed after the U.S. government filed a similar motion.

The Vatican Embassy in Washington had asked the U.S. government to issue the immunity suggestion and do everything it could to get the case dismissed. As a result, Keisler's motion was not unexpected.

Posted by kshaw at September 20, 2005 09:02 AM