Clerical Abusers and the First Amendment
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.
This bizarre conclusion would grant churches a special exemption from neutral, generally applicable laws designed to protect children. The United States Supreme Court now has an opportunity to reverse this erroneous interpretation of the Constitution. The justices should grant the plaintiff’s petition for review, which they are scheduled to consider on Friday.
Since some 20 states have not ruled on this issue, the Supreme Court can provide urgently needed clarity. It should firmly declare that the First Amendment does not exempt religious entities from accountability for exposing children to harm.