Judge Sends Wv Diocese Sexual Abuse Lawsuit to Supreme Court

By Jake Zuckerman
Catholic News Agency
November 7, 2019

https://www.wvgazettemail.com/news/legal_affairs/judge-sends-wv-diocese-sexual-abuse-lawsuit-to-supreme-court/article_638def01-d43d-5c38-b712-667ffabfcfb9.html

A judge asked the West Virginia Supreme Court on Wednesday to consider the viability of Attorney General Patrick Morrisey’s lawsuit alleging that the Wheeling Charleston-Diocese knowingly hired employees at its camp and schools who had been credibly accused of sexually abusing children.

Wood County Circuit Judge J.D. Beane ruled against Morrisey, but he put the case on hold and asked the high court to weigh in on whether the lawsuit is even viable under the state’s consumer protection laws.

Beane ruled against Morrisey on both counts. He said, if the law is “to remain vigilant in protecting religious freedom and in protecting religious institutions from substantial government intrusion,” it must refrain from mingling between church and state.

“A panoramic view of the entire relationship between Church and State arising from application of the Consumer Credit and Protection Act to religious schools reveals, not dimly but clearly, an excessive entanglement of government and religion which is prohibited under federal and state constitutions,” he wrote in a 40-page ruling.

However, Beane put the case on hold and sent the issue to the Supreme Court, which would weigh in on those two questions.

Morrisey issued a statement Thursday, repeating his call to the diocese to release records pertaining to its internal investigation of former bishop Michael Bransfield. The developments come as Bransfield has been embroiled in alleged widespread misuse of church funds, along with accusations that he sexually harassed adults while serving as a bishop.

“Our office is taking every action at its disposal to bring about lasting reform, but if the court determines our case cannot go forward, it would also blow a huge hole in the state’s ability to regulate deceptive advertising practices,” Morrisey said. “This would leave no other option, leaving it to the Diocese to release records and enact reforms on its own unless others join the fight we started more than a year ago.”

Spokesman Tim Bishop said the diocese is pleased with Beane’s ruling, and said the organization is committed to protecting young people entrusted to its care. He said the diocese has a “zero tolerance” policy for sexual abuse of minors by any of its employees or volunteers.

“Looking ahead, we are confident that the West Virginia Supreme Court of Appeals will affirm the Circuit Court’s decision,” he said. “Moreover, we are committed to working toward restoring trust where it has been broken and to bringing about healing among all who, in any way, have been harmed.”

Morrisey filed the lawsuit in March, alleging that Bransfield developed a policy of concealing information about incidents of sexual abuse and failing to disclose these incidents on marketing materials for the school.