UNITED STATES
The New York Times
Editorial
Published: March 14, 2012
Religious institutions have constitutional protections, but they are not above the law. Unfortunately, that has not stopped the Roman Catholic Church and other religious groups from arguing that the First Amendment shields them from civil lawsuits for negligent supervision and retention of employees who sexually abuse children.
Most state courts that have considered the issue have rejected this claim by churches, recognizing that holding religious employers liable for failure to monitor employees in sex-abuse cases does not interfere with constitutionally protected religious freedoms.
However, courts in Missouri, Wisconsin and Utah have twisted the First Amendment into a shield for organizational liability for pedophile clergy. In an outrageous case, a Missouri appellate court summarily dismissed a negligence case brought against the Archdiocese of St. Louis by an individual who said he had been abused by a priest. His suit charged the archdiocese with negligent failure to supervise the priest, who had a past record of child sexual abuse. The court threw out the complaint, saying that Missouri law does not allow it because judging the supervision of the priest would require inquiry into religious doctrine, which it contends would violate the First Amendment.
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