May 17, 2010
Vatican to claim bishops are not 'employees'
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against claims that it is liable for US bishops who allowed priests to molest children, saying bishops are not its employees and that a document from 1962 did not require them to keep quiet.
The Vatican will make the arguments in a motion to dismiss a federal lawsuit on jurisdictional grounds filed in Louisville, Kentucky, but it could affect other efforts to sue the Holy See.
Jeffrey Lena, the Vatican's lawyer in the US, said the Vatican would assert that bishops are not its employees because they are not paid by Rome, don't act on Rome's behalf and are not controlled day-to-day by the pope — factors courts use to determine whether employers are liable for the actions of their employees.
Mr Lena said he would suggest to the court that it should avoid using the religious nature of the relationship between bishops and the pope as a basis for civil liability because it entangles the court in an analysis of religious doctrine that dates back to the apostles.
"Courts tend to avoid constructing civil relationships out of religious materials," he said.
The lawyer behind the Kentucky case, William McMurry has alleged that the Vatican had clear and direct control over bishops, mandated a policy of secrecy, and is therefore liable for the bishops' failure to report abuse. He is seeking unspecified damages.
The Vatican defence will also include a response to claims that the 1962 document 'Crimen Sollicitationis' ('Crimes of solicitation') barred bishops from reporting abuse to police, said Mr Lena
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