Quick Note: USA Supreme Court did not permit Vatican to be sued

(Catholic Watchdog South Africa / Va-Browser)

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Quick Note Article by Marc Aupiais

|Quick notes are not as researched as articles if researched at all|

Phil Lawler of Catholic Culture, has noted that media headlines that the USA (United States of America) Supreme Court has allowed the Vatican (Vatican City State/Holy See) to be sued de jure (by right of law), are incorrect. Instead it chose not to decide on the matter as yet, a slightly different move.

Here are the more that obvious results, and I may note that in South African Law, at least with the Anglican church in Province of the Church of Southern Africa, Diocese of Cape Town v CCMA et al, it was found that the priest was not even an employee of the diocese:

"By declining to hear the case, the Supreme Court did deal a minor legal setback to the Vatican, which had sought to have the case summarily dismissed. But the Oregon court’s ruling—which the Supreme Court let stand—only gives plaintiff the opportunity to argue that the Pope and the Vatican can be included as defendants. That argument is far from resolved.

In their effort to include the Pope as a defendant, the plaintiff faces an uphill struggle. The Foreign Sovereign Immunity Act protects the Holy See from liability unless the plaintiff can demonstrate that the priest who abused him was acting as an employee of the Vatican. By any of the normal legal standards—who signed his paycheck, who was his direct supervisor, who gave his assignments—the priest was working for the diocese, not the Vatican. Any effort to draw a connection between diocesan policies and Vatican directives would run into a further obstacle: the historical (and very prudent) reluctance of the American courts to become involved in the internal affairs of a religious body.

Even if an American court did give plaintiffs the right to take testimony from the Pope, the Pope would not be bound by that ruling. The Pope is not subject to American law-- nor to any other system of civil law. He is sovereign; in Vatican City he is the law.

Bottom line: If an American plaintiff takes testimony from the Pope, it will be because the Pope chose to give testimony—not because a court compelled it."

Phil Lawler, Catholic Culture (Catholic; Independent; American) 29 / 06 | June / 2010



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Belgian police violate archbishops' graves in sex abuse scandal investigation

(Va-Browser / Catholic Watchdog South Africa dual article)

Article by Marc Aupiais

The Associated Press among others has reported on a raid of graves, a former archbishop's residence and other incidences, in what increasingly appears to be an international incident between the Vatican City State or Holy See, and the government of Belgium.

Tombs were in the opinion of the Vatican: violated (mouse over for details), and confidential information given the Roman Catholic church by victims of sex abuse now in their 60s and 70s and promised confidentiality: were in the perspective of the Vatican, stolen, by agents of the Belgian government, in a Vatican shocking: police raid purporting to be investigating sex abuse in the Roman Catholic Church. Says CNA, 30 police members sealed off the residence of a retired Archbishop who is a Cardinal, in an investigation where documents and a personal computer were seized.

The raid was likely in connection with allegations against the Cardinal, Godfried Danneels, now retired, which to quote the Wall Street Journal:

"Belgium's Godfried Danneels, a retired cardinal who was once a contender for the papacy, was allegedly informed in the 1990s that Bishop Roger Vangheluwe, now 73, had molested a young man. Monsignor Vangheluwe admitted to the abuse last week, and Pope Benedict XVI accepted his resignation Friday.

The Dutch-language daily De Standaard reported on Friday that two former priests had personally informed Cardinal Danneels, 77, about Bishop Vangheluwe's abuse several times"

Former Archbishop of Mechelen-Brussel: Godfried Danneels's documents and personal computer were taken, but police have yet to explain why, and the Archbishop was not questioned. The Police did mention that it related to sex abuse allegations, but if this refers to those made as reported by the Wall Street Journal, in late April, then it may be seen as odd that the police took so long to come down on an alleged co-conspirator, surely some may note then: justice delayed is justice denied, if guilty, the former Archbishop would have had plenty of time to dispose of any evidence of conspiracy.

An outraged and livid Vatican summoned the Belgian ambassador to the Holy See to convey its utmost fury over the raids, especially as two graves were violated. The Belgian Ambassador to the Holy See has since requested a meeting with the Vatican's foreign minister.

The Vatican once again stated its support for seeking "justice and amends" (AP) for victims, but expressed dismay that statements received from victims of sex abuse with a promise of confidentiality were so roughly and in their view unjustifiably seized by the state of Belgium.

Archbishop Andre-Joseph Leonard, of Mechelen-Brussel, and Bishop of Belgium, Military, compared the reasoning of police to conspiracies of fictional crime novels and the slander of the Da Vinci Code.

Godfried Danneels, allegedly has a chequered history when it comes to acting via evil to achieve good, reportedly advising [reference] that unchaste men in Africa wear condoms despite the prohibition in the bible and the Dogma of the church- against masterbation, as intrinsically evil.




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