In a packed hearing at the Penobscot Judicial Center in Bangor, the Supreme Judicial Court of Maine heard arguments on Thursday regarding the constitutionality of the state’s elimination of time limits on child sex abuse lawsuits. The case centers around the Roman Catholic Diocese of Portland, which argues that the law is unconstitutional and imposes new liabilities, highlighting the costly lawsuits that have driven some dioceses into bankruptcy. On the other hand, attorneys representing approximately 100 plaintiffs contend that the law reflects the “will of the people” and aims to hold institutions accountable for past misconduct.
During the hearing, attorney Michael Bigos, representing the plaintiffs, emphatically stated, “There’s never been a right to enabling child sex abuse. The diocese wants you to create a vested right in getting away with it.” This statement underscored the stakes of the court’s decision, as Roman Catholic dioceses across the country have faced bankruptcy due to lawsuits and settlements related to clergy abuse scandals.
Maine initially removed its time limits on childhood sexual abuse lawsuits in 2000, but the changes were not retroactive, leaving survivors without recourse for older cases. However, recent changes in 2021 allowed previously expired civil claims to be brought forward, prompting dozens of abuse survivors to come forward and sue. Of the approximately 100 cases represented by Berman & Simmons law firm, 75 involve Roman Catholic entities.
The Diocese of Portland argues that survivors had ample time to sue and contends that opening the door to new litigation is unconstitutional. Attorney Gerald Petruccelli stated, “the Legislature has no constitutional authority to enact legislation if its implementation impairs vested rights or imposes liabilities that would result from conduct predating the legislation.” However, Supreme Court Justice Andrew Mead compared the situation to a “dormant cause of action” waiting to be awakened by a change in law, emphasizing that the legislature has the power to revive such cases.
While a state judge previously upheld the elimination of the statute of limitations for child sexual abuse cases, the judge stayed lawsuits to allow for an appeal. The Diocese of Portland argues that the removal of the time limit takes away previously established rights, known as “vested rights.” However, Justice Thomas McKeon ruled that vested rights typically apply to property rights, not statutes of limitations. He also acknowledged the diocese’s “serious” constitutional concerns, making it a “close case.”
The Diocese of Portland clarified that its opposition to the law does not diminish the devastating effects of past sexual abuse. The diocese emphasized its commitment to thoroughly investigating any reports of abuse and providing extensive support services to survivors who come forward with allegations.
The Supreme Judicial Court’s decision on the constitutionality of Maine’s child sex abuse lawsuit time limits will have significant implications for both survivors seeking justice and the Catholic community in the state.
