Judge dismisses AG’s consumer claim against Diocese, sends two questions to Supreme Court

CHARLESTON (WV)
West Virginia Record

Nov. 7, 2019

By Chris Dickerson

A circuit judge has dismissed one claim filed by Attorney General Patrick Morrisey’s office against the Diocese of Wheeling-Charleston and certified two questions to the state Supreme Court.

Wood Circuit Judge J.D. Beane’s Nov. 6 order granted the Diocese’s motion to dismiss claims by the AG’s office under the state Consumer Credit and Protection Act. It also stayed the litigation until the certified questions are answered.

“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,” Beane wrote.

Morrisey’s office had claimed the Diocese violated the act by failing to disclose sexual misconduct by school and camp employees with minors to parents, the diocese knowingly hired pedophiles and did not conduct background checks on employees.

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