IMMUNITY FOR PEDOPHILES
BUSH & JOSEPH RATZINGER - LAW UNTO THEMSELVES
Does application of
the law now automatically depend on ones relative public stature and power? Has
there ever really been equal application of the law?
Minor public figures usually suffer
far more strict enforcement of the nations laws and statutes. One example was the
arrest in Jacksonville, Florida of the well-known Independent Baptist pastor, Bob Gray, on May 19,
2006. He was arrested in at least 2 cases (potentially many more) of sexual
molestation of elementary school girls at his local church decades back. In 1992 Mr. Gray
left the country for Germany supposedly to do missionary work.
Only since his arrest has it been
revealed that Bob Gray
had been disciplined in 1992 and 1997 for his sexual abuse problem by
local church leaders. Why did these pastors fail to immediately report Bob Grays
crimes? If Independent Baptist pastors commit crimes against children, then the church
members must present them fully accountable to God and the law or then we are hypocrites
and liars. Those in church authority who provide cover for these predators must be held
accountable as well. Biblical
Fundamentalists cannot avoid the sexual abuse problem in its ranks.
Another relative small fry who has
drawn major league attention is the fugitive polygamist, Warren Jeffs, of the Fundamentalist LDS Church (a derivative of
the Mormons). Mr. Jeffs was recently added to the FBIs Ten Most Wanted
List. Besides having multiple wives, the Deseret Morning News
reported on May 07, 2006 the following alleged crimes of Jeffs:
On Saturday, the FBI
raised the reward for information leading to Jeffs' arrest to $100,000.
Jeffs was charged in St.
George last month with rape as an accomplice, a first-degree felony. He is
accused of forcing a teenage girl into a polygamous marriage with an older man. When
she asked to leave the marriage, prosecutors say Jeffs threatened her with
In Mohave County, Ariz., Jeffs is
facing sexual misconduct charges stemming from a child bride marriage. Federal prosecutors
in Utah and Arizona have filed charges of unlawful flight to avoid prosecution
The abuse cases from Roman Catholic
circles continue unabated. For example:
ex-priest abused them - Lake Forest parish: Lawsuit alleges he preyed on altar boys - By Eric Herman, 06/14/06
CHICAGO The Archdiocese
of Chicago ignored repeated warnings that the Rev. Robert Mayer was abusing children,
moving him between parishes where he molested children for years, a new lawsuit alleges.
Nuns on the Run? New Child
Sex Abuse Lawsuits Filed Against Nuns
Two new lawsuits have been
filed against the Franciscan Sisters Order, which is headquartered in Rochester, MN. The lawsuits, filed
in Olmsted County, stem
from the sexual abuse of two girls by Sister Benen Kent. Last year,
another lawsuit was filed against the Order by a California woman who was also abused by Sister Benen Kent.
Excellent chronicles of the ongoing
abuse problem by Roman Catholic priests and the intentional cover-ups by RC bishops can be
In comparison to the appropriate
pursuit of Mr. Gray and Mr. Jeffs there is considerable difference in the way RC
authorities are able to internally handle abuse cases. Does law enforcement operate under
different rules in the pursuit of the RC priests and the RC hierarchy who have
covered up these crimes? Why is it that no American
RC bishops have yet to be prosecuted?
Some questions will likely arise in
considering the following news items.
Benedict XVI Named as a
Defendant in an American Lawsuit 09/07/2005
There is a recent follow-up
to the lawsuit against Pope Benedict XVI accusing him of covering up the sexual abuse of
three children in Houston, Texas. Representatives of the Pope asked President George Bush
to confirm that Benedict XVI benefits from juridical immunity as the Head-of-State of the Vatican. If
immunity is granted, the Pope is exempt from liability as a defendant.
says Pope immune from clergy abuse lawsuit 09/20/2005
The US government has argued in a court filing that Pope
Benedict XVI [official profile] has immunity as the head of the Vatican state [official website] and that a
lawsuit against him should be dismissed. The lawsuit pending in the US District Court for
the Southern District of Texas charges the former Cardinal Joseph Ratzinger
in his role as head of the Vatican's Congregation
for the Doctrine of the Faith [official website; Wikipedia backgrounder]
with covering up clergy
sex abuse [JURIST news archive], including that of a seminarian at a Houston church in
VATICAN CITY (AP) A federal judge in Kentucky has ruled that
the Holy See is a foreign state that enjoys certain immunity protections,
placing restrictions on a lawsuit by three men who allege the Vatican covered up
the sexual abuse of children by priests.
to a ruling obtained Friday by The Associated Press, Judge John G. Heyburn II of the U.S.
District Court in Louisville rejected the victims' argument that the Holy See is an
international religious organization and ruled that it is a foreign state
subject to provisions of the Foreign Sovereign Immunities Act.
court rules Vatican has immunity in clergy abuse suit 10/09/2005
The US District Court for the Western
District of Kentucky [official website] has ruled that the Holy See [official website] is a
foreign state subject to immunity protections of the 1976 Foreign
Sovereign Immunities Act [text], placing limitations on a lawsuit by three men who
allege a cover-up by the Vatican to protect priests who sexually abused children. The
court dismissed the plaintiffs' argument that the Vatican
is an international religious organization.
dismisses civil suit against Pope, recognizing head of state immunity
A US District Court judge Thursday dismissed a civil suit accusing Pope
Benedict XVI [official profile] of conspiring to conceal clergy sex abuse
[JURIST news archive], citing the pontiff's immunity as head of the Vatican state [official website]. Judge Lee
Rosenthal, of the US District Court for the Southern District of Texas, ruled in
response to a "Suggestion of Immunity" submitted
by the Department of Justice [JURIST report], requesting the Pope be granted
immunity because of incompatibility with the "United States' foreign policy interests."
against Vatican can proceed 06/08/2006
Ore. A federal judge ruled Wednesday that a sex abuse lawsuit against the Vatican
can move forward with its claim that the Holy See bears responsibility for a priest
who was transferred from city to city even though he was known to be a molester.
U.S. District Judge Michael
Mosman said in his decision that there are exceptions to the Foreign Sovereign Immunity
Act, under which the Vatican is typically immune from the jurisdiction of U.S. courts.
Rejecting the Vatican's bid to
dismiss the case, Mosman ruled that there was enough of a connection between the Vatican
and the priest, who died in 1992, for him to be considered a Vatican
employee under Oregon law.
Mosman wrote that the Holy
See did "not offer evidence to contradict this allegation of its involvement in
transferring a known child-molester."
appeals ruling in molestation case - 06/09/2006
The Vatican filed an appeal
Thursday to a federal judge's ruling refusing to dismiss a lawsuit that claims the
Holy See bears responsibility for a priest who was transferred from city to city even
though he was known to be a molester.
Lena, a Berkeley, Calif., attorney representing the Vatican, said a district court had
agreed to send to the 9th U.S. Circuit Court of Appeals his appeal of a ruling Wednesday
that the Vatican may be subject to the lawsuit despite the Foreign Sovereign Immunity Act.
The act presumes states, including the Vatican, are immune from being sued,
but there may be exceptions.
Are Roman Catholic priests or bishops
in America subject to US laws and if not, what is their legal reality?
Are domestic Roman Catholic priests or bishops citizens of the US or citizens of the
What are the
implications that the Roman Catholic organization is not a religious
organization or a church but an extension of a nation state and possibly a
commercial enterprise as well?
How did Pope Benedict XVI receive
sovereign immunity ex post facto
for things he did earlier as Cardinal Ratzinger and not as the Pope?
Given the apparent differences in the
Kentucky, Texas and Oregon federal district court cases, it has yet to be determined if
the Holy See or the Pope can be successfully sued in an US court. What can be concluded
from these court cases is that the Holy See/Roman Catholic organization is uniformly
recognized as a foreign nation state and not a church.
This characteristic could provide an
explanation as to why the RC bishops operate differently than Baptist pastors. The
American RC bishops may be able to flaunt the domestic laws because they are the
equivalent of an ambassador with diplomatic or sovereign immunity until that immunity has been
financial ramifications of the Roman Catholic organization not being a church but a
foreign nation state. The tax deductibility of contributions made by individuals is likely
no longer a qualified deduction under Title
26, Section 170 of the US Code. Correspondingly, the RC nation state could be viewed
as a commercial enterprise and its collected revenue would no longer be tax-exempt. Just
what would be the effective date for calculating the amount of back taxes
owed by the RC organization and individuals if charitable contributions made to that
foreign nation state were to be disallowed?
There are direct political ramifications of the Roman Catholic
organization not being a church but a nation state. A conflict of interest and allegiance
exists if someone is a member of the RC organization and is a public officeholder in the US. Case in point is the
Supreme Court, where five of the nine justices belong to the RC organization - Samuel
Alito, Clarence Thomas, John Roberts, Anthony Kennedy and Antonin Scalia. Is it really
possibly for someone to take the oath of office to uphold and protect the Constitution
(having supposedly met certain American citizenship requirements) and also be a citizen of
lets say Germany and subject to the laws and instruction of that foreign
In view of the continuing RC child molestation problem, its
declaration of being a nation state or kingdom, its claim to be the true universal
church and the Pope supposedly being the Vicar of Christ, does the Bible speak
to any of this?
Luke 4:1-13 (New American Standard Bible)
Temptation of Jesus
1 Jesus, full of the Holy Spirit, returned from the Jordan and was led
around by the Spirit in the wilderness
forty days, being tempted by the devil. And He ate nothing during those days, and when
they had ended, He became hungry.
the devil said to Him, "If You are the Son of God, tell this stone to become
Jesus answered him, "It is written, 'MAN SHALL NOT LIVE ON BREAD ALONE.'"
he led Him up and showed Him all the kingdoms of the world in a moment of time.
the devil said to Him, "I will give You all this domain and its glory; for it has
been handed over to me, and I give it to whomever I wish.
if You worship before me, it shall all be Yours."
answered him, "It is written, 'YOU SHALL WORSHIP THE LORD YOUR GOD AND SERVE HIM
he led Him to Jerusalem and had Him stand on the pinnacle of the temple, and said to
Him, "If You are the Son of God, throw Yourself down from here;
it is written,
'HE WILL COMMAND HIS ANGELS
CONCERNING YOU TO GUARD YOU,'
'ON their HANDS THEY WILL BEAR YOU
SO THAT YOU WILL NOT STRIKE YOUR
FOOT AGAINST A STONE.'"
Jesus answered and said to him, "It is said, 'YOU SHALL NOT PUT THE LORD YOUR GOD TO
the devil had finished every temptation, he left Him until an opportune time.
Mark 9:41-43 (New American Standard Bible)
whoever gives you a cup of water to drink because of your name as followers of Christ,
truly I say to you, he will not lose his reward.
causes one of these little ones who believe to stumble, it would be better for him if,
with a heavy millstone hung around his neck, he had been cast into the sea.
your hand causes you to stumble, cut it off; it is better for you to enter life crippled,
than, having your two hands, to go into hell, into the unquenchable fire,
will at least be moved to demand from the politicians and the pulpit clear uniformity in
bringing to justice all who have committed crimes and those who provided
cover, regardless of who is involved.
The Kingdom of Jesus Christ is not found in the rulers, powers and nation states of this
world. The true Church of Jesus Christ does not run from its sin but recognizes its fallen
nature and mortifies the flesh. The Body of Christ seeks His forgiveness and turns from
their evil ways.
Mark 8:34-38 (New American Standard Bible)
He summoned the crowd with His disciples, and said to them, "If anyone wishes to come
after Me, he must deny himself, and take up his cross and follow Me.
whoever wishes to save his life will lose it, but whoever loses his life for My sake and
the gospel's will save it.
what does it profit a man to gain the whole world, and forfeit his soul?
what will a man give in exchange for his soul?
whoever is ashamed of Me and My words in this adulterous and sinful generation, the Son of
Man will also be ashamed of him when He comes in the glory of His Father with the holy
Nathanael is a self-employed engineer
and lives in metropolitan area of Dallas, Texas. He had only ever been a life long
registered Republican but changed to the Constitution Party in May of 2004. He is a
regular columnist for Ether Zone.
"Published originally at EtherZone.com :
republication allowed with this notice and hyperlink intact."
Nathanael can be reached at firstname.lastname@example.org
Published in the June 26, 2006 issue of Ether Zone.
Copyright © 1997 - 2006 Ether
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