Assemblywoman Marge Markey's anti - Catholic bill
A Threat in Albany
The Tablet
The NYS Assembly Committee on Codes is considering a bill that will decimate the ministries of the Catholic Church. Despite the Church’s increased efforts to protect children, some advocacy groups, backed by trial lawyers, are seeking to pass a bill (A.2596) that will likely bankrupt the various dioceses of New York State while at the same time protecting public institutions where abuse has occurred.
Regrettably, the bill is sponsored by an Assemblywoman from our own diocese — Marge Markey of Queens.
Sexual abuse is an ugly crime and it is a sin. Unfortunately, it occurs everywhere, and society must root out the abusers and punish them to the fullest extent of the law. The most common location for sexual abuse is in the home. Outside the home, public schools are the most frequent place where children encounter abuse.
The bill in question would allow some people who say they were victims of sexual abuse many years ago to bring lawsuits, even though the statute of limitations on such cases have expired. Under this bill now being considered, a person can bring a lawsuit against the Catholic Church for abuse that may have taken place 60 years ago or more. He would be permitted to bring this suit even though he may have never reported the abuse at any time over the last six decades and even though the accused priest, and anyone else who might have some knowledge of the facts, are all long dead.
Regrettably, the bill is sponsored by an Assemblywoman from our own diocese — Marge Markey of Queens.
Sexual abuse is an ugly crime and it is a sin. Unfortunately, it occurs everywhere, and society must root out the abusers and punish them to the fullest extent of the law. The most common location for sexual abuse is in the home. Outside the home, public schools are the most frequent place where children encounter abuse.
The bill in question would allow some people who say they were victims of sexual abuse many years ago to bring lawsuits, even though the statute of limitations on such cases have expired. Under this bill now being considered, a person can bring a lawsuit against the Catholic Church for abuse that may have taken place 60 years ago or more. He would be permitted to bring this suit even though he may have never reported the abuse at any time over the last six decades and even though the accused priest, and anyone else who might have some knowledge of the facts, are all long dead.
Continue reading:
Letter to Assemblywoman Marge Markey from veteran Irish American activist,
Don Martin.
Dear Assemblywoman Markey:
I believe that anyone who molests a child whether that person is a priest, public school teacher, soccer coach or Boy Scout leader should be prosecuted to the fullest extent of the law.
I also believe that statutes of limitation have a purpose. I believe they should be tolled until a minor reaches his or her majority. But how many years must go by until we foreclose an alleged victim's right to sue?
An innocent person would very often have a difficult time defending against a charge of molestation that is predicated on acts allegedly occurring twenty, thirty or forty years beforehand.
The so-called "recovered memory" theory has been discredited by the psychiatric profession but not before many persons, subsequently shown to be innocent, were put through the wringer of turmoil and expense.
Your bill, it seems to me, creates an enormous potential for injustice. It is a full employment act for trial attorneys. It is disturbing to me that it seems to single out only one defendant, the Catholic Church.
After all, if a Protestant minister molests a child you may get to sell the church and the manse. That is the limit of your recovery. If you can fasten liability on a Catholic priest, then it's the big casino!
The alleged molester may be dead. The person (who knew, or conceivably, possibly, maybe, "shoulda, coulda" have known) may be dead or in his dotage. There may or may not be records. But the Catholic Church will be there like the fatted calf until the end of time.
Who cares?
Ms. Markey, this is not justice; it is demagogy. Edmund Burke said I do not know how to draw up an indictment against a whole people. You seemingly have indicted the entire Catholic priesthood and the Catholic Church in New York.
You have accomplished all this by greasing the skids for massive judgments against the church, and you have done it by stacking the deck against a single institutional defendant.
The fact that the City of New York will not have to respond in damages for similar abuse of minors committed by teachers or paraprofessionals says it all.
Your bill has one target.
Shame!
I also believe that statutes of limitation have a purpose. I believe they should be tolled until a minor reaches his or her majority. But how many years must go by until we foreclose an alleged victim's right to sue?
An innocent person would very often have a difficult time defending against a charge of molestation that is predicated on acts allegedly occurring twenty, thirty or forty years beforehand.
The so-called "recovered memory" theory has been discredited by the psychiatric profession but not before many persons, subsequently shown to be innocent, were put through the wringer of turmoil and expense.
Your bill, it seems to me, creates an enormous potential for injustice. It is a full employment act for trial attorneys. It is disturbing to me that it seems to single out only one defendant, the Catholic Church.
After all, if a Protestant minister molests a child you may get to sell the church and the manse. That is the limit of your recovery. If you can fasten liability on a Catholic priest, then it's the big casino!
The alleged molester may be dead. The person (who knew, or conceivably, possibly, maybe, "shoulda, coulda" have known) may be dead or in his dotage. There may or may not be records. But the Catholic Church will be there like the fatted calf until the end of time.
Who cares?
Ms. Markey, this is not justice; it is demagogy. Edmund Burke said I do not know how to draw up an indictment against a whole people. You seemingly have indicted the entire Catholic priesthood and the Catholic Church in New York.
You have accomplished all this by greasing the skids for massive judgments against the church, and you have done it by stacking the deck against a single institutional defendant.
The fact that the City of New York will not have to respond in damages for similar abuse of minors committed by teachers or paraprofessionals says it all.
Your bill has one target.
Shame!
Donald T. Martin
30th AD
Woodside
Queens, NYC
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