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The Supreme Court and the Vatican

by Pia de Solenni 

 

On Monday, the Supreme Court of the United States rejected an appeal on behalf of the Vatican in which it is being sued for the damages done by Father Andrew Ronan, a since-deceased priest who allegedly committed multiple abuses against minors. At first, this doesn’t sound good for the Vatican.

However, it’s important to keep in mind that the Supreme Court’s decision to not hear the appeal does not necessarily reflect upon the merits of the case. There are a multitude of reasons, such as the Court considering the case ill suited to the context of the other cases already slated for the upcoming session.

Initially, the basis for the Vatican appeal rested on its status as a sovereign entity. In so far as it is a state outside of the United States, traditionally it would not have been considered subject to laws within the United States. In fact, this still could be the basis of an appeal in the future should the courts find the Vatican guilty. Jeffrey Lena, counsel for the Vatican, commented that the lack of any connection between the Vatican and Ronan as employer-employee means that the U.S. courts do not have jurisdiction in this case.

Indeed, regardless of the failure of the appeal to be heard now, the plaintiff will still have to prove that the Vatican indeed acted as the employer of the priest. Most of us would agree that someone’s employer is the person or entity responsible for signing their paychecks, determining their job placement, signing their contracts, etc. The Vatican had no knowledge of any of these employment details concerning Father Ronan, was not involved in them, and perhaps was not even aware of his existence until the abuses came to light.

In the case of Father Ronan, who died in 1992, the Servite superiors would be primarily responsible for him since he was a Servite religious and was employed and placed according to his superiors’ directives. If he had been employed by a diocese, that diocese could also be liable for any abuses committed by him while he was working for and in the diocese.

Despite the fact that the hearing of the appeal has been rejected, this is an opportunity for the Catholic Church to illustrate more clearly the relation between the Vatican, the pope, and individual bishops. Contrary to some popular opinion, the Church is not set up like some sort of mafia organization in which the command is completely top down. The pope is not directly involved in the day to day operations and decisions of other dioceses. In fact, the bishops enjoy great autonomy, and, as bishop of Rome, the pope is placed in a position where the rest of the bishops share a level of equality with him insofar as they all serve as bishops.

Additionally, this could be an opportunity for the Church to challenge other sectors of society to address sex abuse directly and resolutely. The surfacing of the abuse scandal within the Church has forced her to address the problem directly, however discomfiting. Yet, the sexual abuse of children is not a problem specific to the Catholic Church. In fact, various studies suggest that it occurs at least at the same rate if not higher in other religious denominations. A study done for the U.S. Department of education concluded that one in ten public school students are the victims of sexual abuse. Clearly this tragic situation needs immediate attention wherever it takes place. To date, the Catholic Church in the United States has adopted the most stringent protocols of any environment. In effect, the Church is working to make herself the safe space that she should be. Now it remains to see what other organizations take on the protection of children with the same seriousness.

In all likelihood, it will be some time before this particular case against the Vatican is resolved. But, like any challenge, it can be an opportunity for the Church to continue to witness to the world, not only in assuming responsibility where appropriate but also in continuing to teach how the Church functions in the world at large and the relation between the Vatican and the local Church.

Pia de Solenni is a moral theologian and cultural analyst who writes from Seattle, Wash. She can be reached via Facebook and Twitter. (Her website is getting a prolonged makeover and is currently offline.)

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(The views expressed in this column are those of the author and do not necessarily reflect the positions of Headline Bistro or the Knights of Columbus.)