U.S. Supreme Court blocks South Florida priest's libel lawsuit against Catholic Church

By Marc Freeman
Sun Sentinel
April 22, 2019

https://bit.ly/2IUjxzQ

The Rev. John Gallagher, outside the Palm Beach County Courthouse on Friday, Feb. 22, was unable to convince the U.S. Supreme Court to examine his defamation lawsuit against the Diocese of Palm Beach. Photo by Marc Freeman

The U.S. Supreme Court on Monday ended a South Florida priest’s hopes to sue the Catholic Church for defamation.

After previous legal setbacks, the Rev. John Gallagher had prayed for the high court to revive his three-year-old case against the Diocese of Palm Beach.

Without explanation, the court denied Gallagher’s petition, after allowing a national child protection group to support his claim.

In a text message to the South Florida Sun Sentinel, Gallagher, 51, said he had received the ruling but declined to comment. His attorney, Ted Babbitt, said, “of course we’re disappointed.”

“We felt that we were on the right side of this issue,” Babbitt said. “But the Supreme Court has spoken and there is no ability to go any further and so this is the end of the road for this case.”

The West Palm Beach priest had insisted the church libeled him after he publicly accused his superiors of trying to cover up another priest’s sexual misconduct involving a 14-year-old boy.

In comments on Facebook and other forums, diocese leaders blasted Gallagher as a liar in need of psychological help “as well as our prayers and mercy.”

In court documents, lawyers for the diocese argued that the fight with Gallagher has no place in the courts because it is an employment dispute concerning religious matters.

“Civil courts must abstain from reviewing the Diocese’s ministerial decisions and serving as an arbiter of truth in a dispute over internal priestly discipline,” the attorneys wrote last month.

The church also cited the Florida Supreme Court’s decision not to review the case, and a state appellate court’s opinion that it must steer clear of theological-based controversies.

But Gallagher’s legal team was hoping that the U.S. Supreme Court would explore whether the freedom of religion protections under the First Amendment should shield the church from such libel claims.

In Gallagher’s petition, he argued the defamatory statements against him were made outside the church, “are not related to church doctrine, and implicate matters of public safety.”

The priest says the case is bigger than just him. In a February interview, he said his unusual lawsuit should be viewed as part of a larger “public conversation” about the sexual abuse of children inside the church.

Gallagher had the backing of CHILD USA, a Philadelphia-based nonprofit that calls itself a “think tank for child protection.” Group leaders hailed his efforts and quest for justice.

"Instead of celebrating this heroic act of child protection, Gallagher's diocese punished him, publishing numerous defamatory statements about him," the organization wrote.

The diocese has said church officials had to speak out against Gallagher to correct the record and chastise the priest “for his untruthfulness.”

Still an ordained priest, Gallagher has been on sick leave since the feud erupted.

“What will happen to Father Gallagher now is up to the church, will be decided by the bishop,” his attorney said.