By Dick Miller
WE. CONNECT.DOTS: The issue is compensation and justice for victims of childhood sexual abuse, particularly in a school setting. Current law limits criminal charges and lawsuits to people who come forward before they are 30 years old. The proposed changes would allow civil suits seeking damages as long as the victim is outed before age 50. In the matter of charging someone criminally, there would be no statute of limitations the new law proposes.
Sounds like “bad law,” electioneering, maybe even “unconstitutional.” However, what lawmaker would not want to stand for children and against perverts.
This scenario is playing out within the Pennsylvania legislature. Re-election, they hope, is only a little more than four months away.
Four out of five expert witnesses, including the Attorney-General’s office, testified at the first session of a judiciary committee hearing in the PA Senate that the proposed law is unconstitutional. Numerous cases of similar types at the appellate level have been overturned based on a common interpretation of the Pennsylvania Constitution.
The hearing resumes tomorrow in Harrisburg with various groups representing the Catholic Church sure to be in attendance. They oppose the bill because of the added costs which have bankrupted churches in other states where similar laws were passed.
The proposed law would only apply to private schools and businesses. Public institutions could continue to deny liability based on “sovereign immunity.”
In April, the House of Representatives voted 180-15 in favor of the bill.
The real question at this point is whether the Senate will quietly kill the bill, no harm, no foul. Or do enough Senators feel at risk over re-election?
There is no shortage of “stakeholders.”
The Catholic Church opposes this legislation. In other states where such a law passed constitutional muster, added payouts did bankrupt churches.
Every non-profit that deals with children is at risk. The threat of the new law could make it impossible for such organizations to afford insurance. Even volunteers for these organizations may feel the additional threats. These non-profits remain praying quietly in a corner. They depend on state funding sometimes at the whim of their local legislators.
Efforts by the Catholic Church to stop the legislation lack coordination. Apparently each diocese was left to evolve its own strategy.
According to the Philadelphia Inquirer, tactics ranged widely.
In the Philadelphia area priests called out lawmakers who voted for the bill from the pulpit at services last weekend and in church bulletins. In some cases, lawmakers were openly scolded at their own parish.
Conversely, priests in the Pittsburgh diocese were forbidden to preach against the bill or attack lawmakers. A single sheet, double-sided, listing talking points against the bill was distributed in every parish in the state.
In other dioceses, priests were given varying degrees of latitude in how they handled the issue with their own constituents. In still others they were provided no guidance at all.
As lobbyists, the Catholic Church itself is no National Rifle Association. Bishops that head-up the state’s dioceses routinely do not talk to each other, let alone plan tactics.
While the legislature is believed to possess the power to legislate vulnerability for public schools, they risk incurring the wrath of the teachers’ unions. Virtually all of Pennsylvania public schools are staffed by union teachers. Their unions are among the most powerful. Conversely, most all of private schools – charter, cyber and denominational – are staffed by non-union teachers who are not a threat at the polls.
Another group that could be interested in passage is the Bar. Six and seven-figure civil judgments carry six and seven figure attorneys’ fees. Lawyers don’t work the polls, but do write campaign checks to lawmakers they are happy with.
Republicans get a small excess of blame because nothing is sent to the Governor to sign that is not a product of the GOP controlled legislature. This legislation is typical.
For the last four years, Rep. Mark Rozzi (D., Berks) tried to erase the statute of limitations in child sexual abuse cases. His bills were all buried in committee.
However, when the bill was introduced by Repo. Ron Marsico (R., Dauphin) it was quickly put to a floor vote where it passed 180-15 and was sent to the Senate, all within a week’s time.
Bottom Line: The seats of all 203 members of the Pennsylvania House of Representatives and half of the 50 state senators are up for grabs at the General Election in November. Collectively, their approval ratings stink.
All is not lost for the Catholic Church, yet. This would not be the first time a bill was raced through one chamber to help incumbents get votes, then succumb to a quiet death in the other chamber. No foul, no harm, by prior agreement. Just some support for those who voted “right.”
