Professor Griffin Files Amicus Brief in Supreme Court on Behalf of Advocates for Victims of Sexual Abuse

Hamilton and Griffin on Rights
November 3, 2014

http://hamilton-griffin.com/professor-griffin-files-amicus-brief-in-supreme-court-on-behalf-of-advocates-for-victims-of-sexual-abuse/

Nine organizations who share a mission to protect children and vulnerable adults from sexual abuse and assault–BishopAccountability.org, Children’s Healthcare is a Legal Duty, The Child Protection Project, The Foundation to Abolish Child Sex Abuse, The Freedom From Religion Foundation, Jewish Board of Advocates for Children, Inc., Male Survivor, Survivors for Justice, and The Survivors Network of Those Abused by Priests– filed an amicus brief last week in support of the cert. petition in John Doe B.P. v. Catholic Diocese of Kansas City-St. Joseph, No. 14-344.

Amici curiae argued that after thirty years of sexual abuse litigation, it was time for the Court to resolve the constitutional issue wrongly decided by the Missouri Supreme Court in Gibson v. Brewer, 952 S.W.2d 239 (Mo. 1997). To protect the survivors of sexual abuse as well as to deter the abusers and their enablers from future harm to children, amici asked the Court to rule that allowing religious organizations to be held liable for their negligent supervision of abusers does not entangle the courts with religious doctrine or infringe upon religious freedom.

Shortly after the brief was filed, the parties settled the case and the cert. petition was withdrawn.

Whatever the status of this particular litigation, victims of child sexual abuse continue to rely on the courts’ neutral enforcement of tort laws against all abusers and their enablers. The First Amendment should never be interpreted to protect the wrongdoers at the expense of their victims.