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Austin's Atheism Blog

By Austin Cline, About.com Guide to Atheism since 1998

Lawsuit Against Priest has Profound, Practical Implications

Thursday July 31, 2003
A lawsuit against a priest whose eulogy said that the deceased went to hell may sound like nonsense, but it does have important implications for religious groups. Why? Because if forces hard questions about just how much responsibility a church organization has for the conduct of it's clergy - whether in a sermon or in other actions. According to an article in The Day:
Whatever is eventually decided about what Mansfield did or did not do at Martinez's funeral, the suit poses the further issue of what legal responsibility the archdiocese has for his actions. Just how much liability do high-level religious officials have for the conduct of the clergy they supervise? Although that question has been spotlighted by the Catholic sexual abuse scandals, it has implications for all but the most congregational religious bodies.
It is a fact of life that anyone feeling seriously injured by an individual member of the clergy is not likely to get much compensation without showing that some higher level of the religious organization, with deeper pockets, was also at fault. ...If this case makes it to trial, what is decided about this level of religious officials' responsibility will be highly significant. What should be done, in a litigious society, about accusations of gross pastoral insensitivity? Is the answer to be found in the courtroom?

Are clergy little more than independent contractors, or can church organizations be held financially liable for what their clergy do?

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