Clergy Abuse Lawsuit Obstacles
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Summary of "Clergy Abuse Lawsuit Obstacles"
Attorney Irwin Zalkin speaks about the hurdles that religious institutions put in place to obstruct abuse investigations. |
Video Transcript:
The victims who have been abused by a member of the clergy have some additional legal hurdles that are often imposed on them. We have a constitution that provides for what's called separation of church and state, and often times we find that religious institutions for example and particularly the catholic church, attempts to put up barriers to our ability to access information from them. They will say that you know the constitution says that we have the right to exercise our religion and our practices in our own way and it's really up to us how we handle our priests or our ministers and you can't as a civil society tell us what's right and what's wrong, we don't have to abide by your standards and this is a kind of argument that we come across or they refuse to give documents under some claim of religious privilege.
These are the arguments that we have fought to the Supreme Court in many cases and have been successful in these cases. So clergy abuse cases present nuances and challenges that are sometimes different than, for example, a claim against the boy scouts or the YMCA or an institution like a school.