the Constitution and the kitchen sink

By Diogenes ( articles ) | Jan 11, 2007

In Springfield, Massachusetts, the diocese formerly headed by Bishop Thomas Dupre (current whereabouts unknown) has lost a court battle. The diocese had argued that insurers should pay the tab for sex-abuse judgments; the insurance companies had asked for a look at diocesan records, to see if the bishop and his subordinates had taken reasonable steps to curb the abuse. The court-- in this case as in so many others-- found for the insurers.

In his ruling, Berkshire Superior Court Associate Justice John A. Agostini rejected the diocese’ arguments that documents were protected from disclosure under the First Amendment, priest-penitent privilege, religious autonomy and psychotherapist-patient privileges, The Republican newspaper of Springfield reported Thursday.

Diocesan lawyers apparently did not invoke the interstate commerce clause, the franking privilege, or the 2nd-Amendment right to bear arms. At least not yet. The diocese may appeal.

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