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Pa. Catholic diocese's 'separation' defense rejected.


A Pennsylvania state judge in early May dismissed a Catholic diocese's claim that church-state separation protects it from being sued for allegedly failing to punish sexually abusive priests.

The Roman Catholic Diocese of Altoona-Johnstown The Roman Catholic Diocese of Altoona-Johnstown (Latin: Dioecesis Altunensis-Johnstoniensis) is a Roman Catholic diocese in Pennsylvania. It was established in May of 1901 as the Diocese of Altoona, on 9 October 1957 the name changed to the Diocese of Altoona-Johnstown.  is facing 13 lawsuits from individuals mostly on allegations of sexual abuse by priests. Attorneys for the religious group argued that the church-state provisions of the First Amendment prevent the court from questioning the tactics used by bishops to hire, fire or discipline priests, the Associated Press Associated Press: see news agency.
Associated Press (AP)

Cooperative news agency, the oldest and largest in the U.S. and long the largest in the world.
 reported.

Blair County Judge Hiram Carpenter rejected the diocese's argument, stating that the lawsuits involve "not an attack on the freedom to believe, but rather an attack on the freedom to act contrary to the laws of the commonwealth."

The attorney for the plaintiffs said Carpenter's ruling will let their lawsuits against the diocese proceed. Church officials around the country have tried to use church-state separation as a defense in sex-abuse lawsuits, but these gambits have failed.

The Los Angeles Times Los Angeles Times

Morning daily newspaper. Established in 1881, it was purchased and incorporated in 1884 by Harrison Gray Otis (1837–1917) under The Times-Mirror Co. (the hyphen was later dropped from the name).
 reported in early May that an attorney for the city's Roman Catholic archdiocese would raise the First Amendment to try to block or limit the testimony of Cardinal Roger M. Mahony in a civil lawsuit involving sex-abuse allegations against priest Oliver O'Grady Oliver O'Grady (born 1946) is a former Irish Roman Catholic priest who has raped many children in California from 1976 onwards.

Born in Limerick, O'Grady was ordained into the priesthood at seminary in Thurles, County Tipperary during the late 1960s.
 in the Stockton diocese.

In April the attorney, Donald F. Woods Jr., asked a state judge to sanction the opposing attorneys for seeking to question Mahony about the case. Woods argued that the opposing counsel had not proven an "urgent need" to obtain Mahony's deposition for the case.

Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850.  County Superior Court Judge Charles W. McCoy did not rule on the sanctions request, but did halt litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
 in more than 90 sex-abuse cases, including the Stockton situation, until the state's chief justice names a trial judge in the cases.

Attorneys for the plaintiffs in the Stockton lawsuit told the newspaper that Mahoney must testify because he has "direct and particular knowledge ... as to the Stockton Diocese's direct involvement in concealing O'Grady's past and continuing acts, and assigning, enabling and allowing O'Grady to continue to prey on To take prey from; to despoil; to pillage; to rob
To seize as prey; to take for food by violence; to seize and devour.
- Shak.

To wear away gradually; to cause to waste or pine away; as, the trouble preyed upon his mind s>.
- Shak.

See also: Prey Prey Prey
 children."
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Title Annotation:AU Bulletin
Publication:Church & State
Geographic Code:1U2PA
Date:Jun 1, 2004
Words:342
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