Via Raw Story, The Obama administration is backing the Vatican's claim of immunity to sexual lawsuits. arising from cases of sexual abuse by priests against children that occurred in the United States.
In a brief filed to the Supreme Court last Friday, the solicitor general's office says that the Ninth Circuit erred when it allowed a case to be brought by a man who alleges he was sexually abused by a priest in Oregon during the 1960's.
The unnamed plaintiff, who cited the Holy See and several other parties as defendants, argued the Vatican should be held responsible for transferring the priest to Oregon and letting him serve there despite previous accusations he had abused children in Chicago and in Ireland.
The solicitor general's office, which defends the position of President Barack Obama's administration before the Supreme Court, said the Ninth Circuit improperly found the case to be an exception to the Foreign Sovereign Immunities Act, a 1976 federal law that sets limits on when other countries can face lawsuits in US courts.
The Vatican is appealing the decision and the Supreme Court is currently considering the case.
Elena Kagan stepped down from the solicitor general's office two weeks ago after her nomination to the Supreme Court, yet, this hasn't stopped Beliefnet from getting all warm and tingly over the filed brief.
Some good news for Pope Benedict: the Obama administration, in a brief filed by Solicitor General and Supreme Court nominee Elena Kagan, has sided with the Vatican in the 2002 Oregon lawsuit pending SCOTUS review over sex abuse claims, saying that the Holy See has diplomatic immunity. (This doesn't address the other point of contention with these Vatican lawsuits: can American clergy be considered Vatican employees or not?)
The brief was filed Friday, and suggests that the Supreme Court send the case back for further consideration. Check out John L. Allen Jr.'s story in National Catholic Reporter for more details. The Wall Street Journal reports that victims advocate Jeff Anderson finds the brief "a little perplexing" but remains heartened that it didn't recommend more drastic action. No word yet on any response from Vatican's U.S. attorney Jeffrey Lena, such as whether he will now push to get the Supreme Court to dismiss the case entirely.
Well, even though, Beliefnet is confused about Kagan's current status concerning the solicitor general's office, it sure is happy as can be that dear Pope Benedict has some "good news". Once upon a time, the Gospels where called the "good news", sadly, now Catholic good news is anything that protects the Pope and the Vatican from being held responsible for the rotting decay caused by its determined effort to hide decades upon decades of sexual abuse by its priests upon young children.
What I'd like to know is there some kind of international criteria/convention/treaty for what constitutes a foreign state because I'm not seeing where the Vatican can claim the title of a foreign state and then conveniently hide behind immunity.
Good to know that the government is on the job writing briefs against the Ninth Circuit's courageous finding.
I'm disgusted.