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  Atheists Sue Catholic Bishop

By Samuel Newhouse
Brooklyn Daily Eagle
December 17, 2009

http://www.brooklyneagle.com/categories/category.php?category_id=4&id=32538

New York -- Atheists rallied in Columbus Park yesterday to announce a lawsuit against the Catholic Church and the Bishop of Brooklyn.

The Roman Catholic Diocese of Brooklyn and state Assemblyman Vito Lopez are being accused of making improper election-season robocalls this past year by a group of atheists and alleged victims of clergy sex abuse.

The NYC Atheists and a consortium of clergy sex abuse survivors filed simultaneous lawsuits in Brooklyn Supreme Court yesterday, claiming that Bishop Nicholas Di Marzio and the Roman Catholic Diocese of Brooklyn illegally endorsed political candidates, which is prohibited for a nonprofit group such as a church.

The plaintiffs claim that the robocalls — a message recorded by Di Marzio that was sent out to registered voters across the city — were "subtly backing the candidate picked by a politician who had done favors for the church," according to a press release.

Plaintiffs are referring to Lopez's opposition to a bill that would have permitted new legal actions regarding allegations of years-old sexual abuse to be filed. That bill, the Child Sex Victims Act of New York, could potentially have tied up the church in millions of dollars' worth of legal entanglements. According to the petitioners, the robocall was a favor in return.

The petitioners claim that Di Marzio's message, praising Lopez – and by extension the candidates he endorsed — violated IRS regulations that prohibit a 501C nonprofit like the church from promoting any political candidate.

Lopez, as chairman of the Kings County Democratic Party, endorsed various candidates.

The NYC Atheists' lawsuit asks the court to compel the Brooklyn Diocese to surrender its tax exempt status, pay taxes and income taxes, lose its ability for contributors to claim a tax exemption and be required to retroactively pay taxes.

Reportedly, no transcripts of the robocall have been presented.

Kieran Harrington, spokes-person for the Roman Catholic Diocese of Brooklyn, said he could not comment because the church hadn't seen the complaint.

About 15 supporters attended the press conference in front of Brooklyn Supreme Court, 360 Adams St., to announce the lawsuits, according to one of the plaintiffs.

When asked, Kenneth Bronstein, president of the NYC Atheists, said he thinks this case could go all the way to the U.S. Supreme Court.

"During the Bush administration, things were going on all over the place," Bronstein said, referring to churches making political endorsements. "Hopefully under the Obama administration, things will change."

The other plaintiffs are Rev. Robert Hoaston of New Jersey, who leads Road to Recovery, a clergy sex abuse support group, and John Aretakis, a suspended lawyer who reportedly used to handle clergy cases.

"From what I'm hearing, it's a reverend who's not a reverend, it's a lawyer who's not a lawyer, and about six people showed up," Lopez said. "It's a group that doesn't believe in Christmas ornaments or trees." Lopez said he thinks people should be more focused on helping the needy during the holidays than on lawsuits like these.

This is the first lawsuit filed by the NYC Atheists and they anticipate more to come, Bronstein said.

The two groups, Road to Recovery and NYC Atheists, met while protesting side-by-side in front of St. Patrick's Church on Fifth Avenue during a recent visit by Pope Benedict XVI, according to Rev. Hoaston, who is himself a victim of clergy sex abuse. He is not an atheist.

They teamed up "to make a stronger statement," according to Bronstein.

 
 

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