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	Columnists & Commentary By John P. Connolly The Bulletin November 26, 2008 http://www.thebulletin.us/site/news.cfm?newsid=20207522&BRD=2737&PAG=461&dept_id=623508&rfi=6 The 6th U.S. Circuit Court of Appeals allowed a lawsuit holding the Vatican liable for the sexual abuse of children by clergy to proceed, opening the possibility the city-state could be held liable. Three men have filed the suit against the Holy See, accusing it of covering up sexual abuse by priests for decades. Louisville attorney William McMurry, who is seeking class-action status for the case, is seeking unspecified damages from the Vatican. "This is an enormously huge moment," said Mr. McMurry. "We're finally going to get to the root of the problem." Mr. McMurry filed the case in 2007, and U.S. District Judge John Heyburn II ruled the men could pursue their claim that church officials were duty-bound to send out warnings about abusive clergy. But much of the lawsuit was dismissed at that time. The appeals court upheld Judge Heyburn's decision to dismiss claims that the Vatican could be held responsible for failing to provide for the safety of children in the care of Catholic clergy. Also dismissed was Mr. McMurry's request to depose Pope Benedict XVI. After Monday's ruling allowing his case to proceed, Mr. McMurry said he might renew efforts to depose the pontiff. Jeffrey Lena, the attorney for the Vatican, said the court's decision narrows the plaintiffs' case through dismissing some of the other claims. "It's gratifying to see the hard work the judges put into the opinion," Mr. Lena said.Mr. McMurry expects the case to end before the U.S. Supreme Court. Multiple lawsuits around the country have sought damages against the Vatican, only to be relegated to different lower courts. But the Louisville case is unique, surrounding a Vatican directive in 1962 that encouraged the clergy to avoid publicizing sex abuse claims against priests. Mr. McMurry asserts that the document makes the Vatican liable for the acts of abusive clergy. "We will get to the bottom of this," Mr. McMurry said. Mr. McMurry also said the Vatican as a religious institution is legally a separate entity than the Vatican city-state. Normally, the Vatican would be immune because of the U.S. Foreign Sovereign Immunity Act. Appeals Judge Julia Smith Gibbons rejected that distinction. The decision makes it tougher for plaintiffs to sue the Vatican as a religious institution without first overcoming the restrictions under the foreign immunity law. "Consequently, we reject plaintiffs' contention that they are not suing the Holy See that has been recognized by the United States government, but a parallel non-sovereign entity conjured up by the plaintiffs," Judge Gibbons wrote. The Associated Press contributed to this story. John P. Connolly can be reached at jconnolly@thebulletin.us
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