U.S. Supreme Court Declines to Hear Child Abuse Case Dismissed on Church-state Grounds

Baptist Joint Committee
March 19, 2012

http://www.bjconline.org/index.php?option=com_content&task=view&id=4952&Itemid=134

The U.S. Supreme Court denied cert in a lawsuit attempting to hold the Archdiocese of St. Louis responsible for child sexual abuse committed by one of its priests who has since passed away. The Catholic Church argued that the First Amendment's guarantee of religious freedom denies courts the ability to scrutinize personnel decisions it makes regarding its clergy. The Missouri Court of Appeals agreed, and today's decision by the Supreme Court leaves that ruling in place.

In throwing out [the plaintiff]’s lawsuit, the Missouri Court of Appeals for the Eastern District noted that courts in Missouri have declined to recognize a cause of action for negligent failure to supervise clergy. Such an inquiry would impermissibly inject the courts into matters of religious doctrine, the state’s courts have ruled.

“The [Missouri] Supreme Court has held questions of hiring, ordaining, and retaining clergy, necessarily involve interpretation of religious doctrine, policy, and administration, and such excessive entanglement between church and state has the effect of inhibiting religion, in violation of the First Amendment,” the state appeals court said.

The appeals court added: “Until the Missouri Supreme Court or the United States Supreme Court declares differently, [the 2010 state precedent] constitutes controlling law in Missouri, law which we are bound to apply.”