SCOTUS slaps down Vatican appeal; Roman officials could theoretically face subpoena in rape cases

Via the Raw Story:

The US Supreme Court declined Monday to hear an appeal by the Vatican in a landmark case that opens the way for priests in the United States to stand trial for pedophilia. Allowing a federal appeals court ruling to stand, the decision means Vatican officials including theoretically Pope Benedict XVI could face questioning under oath related to a litany of child sex abuse cases.

The Supreme Court effectively confirmed the decision of an appellate court to lift the Vatican’s immunity in the case of an alleged pedophile priest in the northwestern state of Oregon. The Oregon case, which was filed in 2002, does not directly address questions raised in a separate lawsuit in Kentucky alleging that US bishops are employees of the Holy See.

In recent months, large-scale pedophilia scandals have rocked the Roman Catholic Church in a number of countries, including Austria, Belgium, Ireland, Pope Benedict XVI’s native Germany and the United States. Senior clerics have been accused of protecting the priests involved by moving them to other parishes — where they sometimes offended again — instead of handing them over to civil authorities for prosecution. The pope, who has himself faced allegations he covered up the scandal, has repeatedly said priests and religious workers guilty of child abuse should answer for their crimes in courts of law [ if and only if they are legally culpable in the localities in which abuse actually occurred.]

There’s been much said about the religious imbalance on the court when compared to the religious (and irreligious) makeup of the country. With Stevens’ impending retirement and Elena Kagan’s imminent confirmation, the Court will have no Protestants, but will be comprised of six Roman Catholics and three Jews. In the general population, 53 percent of all Americans are Protestants in some capacity, 22 percent are Catholic, 17 percent are unaffiliated with any religious tradition, and about 2 percent are Jewish.

However, it is comforting to see the Catholic bias of the court does not affect its ability to impartially decide on matters pertaining to the Roman church. Also, it is, of course, comforting to see it is not a legal impossibility that culpability might be poured onto the heads of the Vatican. I don’t foresee it ever happening; but I’ve been wrong before, and will be again.

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