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Thursday, February 13, 2003

Other States Look to California on Abuse Lawsuits and Statutes of Limitation

"Through our wrong actions, we have opened the door for government to attempt to step more vigorously across the constitutional boundary between the business of religion and the business of government and remake the church in dangerous ways," Mark Chopko, general counsel for the U.S. Conference of Catholic Bishops, said in a recent speech. "Someone has to say, 'Enough is enough' "

I don't have much experience with personal injury actions, but unless there is an intentional tort involved, I really don't see how any diocese can be held civilly liable for shuffling around an abusive priest without the State establishing a standard of conduct for religoius institutions. The problem with the State doing this, of course, is that most religious institutons govern themselves in accordance to specific religious doctrines. Thus, allowing the State to establish standards entails allowing the State to dictate a religious institution's religious beliefs. Doesn't sound very constitutional to me.

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