Lawsuits

It is hard to hear today’s first reading without thinking of the lawsuits being brought by parishioners against dioceses and religious orders.

St. Paul puts it very well: it is a failure on the part of all of us that we should have lawsuits against one another. This is NOT to lay the blame or responsibility on those who pursue such suits. On the contrary, appealing to authorities outside the Church can sometimes be the only alternative to protect the innocent and bring some healing.

On the other hand, sometimes it is not the best alternative. Although litigation can do great good, it must be admitted that the excessively litigious ethos of our society is a problem and can actually impede the healing of those who have been harmed. Civil lawsuits moreover can be dangerously blunt instruments, sometimes damaging needlessly that which is good while not ensuring the rectification of that which caused the harm. The standards of criminal justice are sometimes bent by zealous lawmakers, lawyers and others. Secular courts and bureaucrats too often understand neither canon law nor the deeper complexities of the relationships among God’s people. The attempt to correct one injustice may result in great injustice and disproportionate destruction.

Let’s be clear:

• Children and others must be protected against those who legitimately pose a danger to them,
• People must be held accountable for their acts or for their culpable harmful negligence, and
• Those who have been harmed deserve healing.

There have been far too many instances where the culpable negligence of some in the Church has permitted harm. There have been far too many instances where some in positions of responsibility in the Church have not done what they should to heal those who have been harmed. There have been far too many instances where those who have been harmed felt that appealing to authorities outside the Church was the only way to bring healing for themselves and to protect the innocent who may still be in harm’s way. Yet there have also been situations where litigation has brought more harm than good - and too little healing to the victim.

Children must be protected. Offenders must be dealt with justly. Victims must be healed. The Church – people and leaders together – must do better and be better as we seek to inherit together the Kingdom of God.