Current:Home > NewsSignalHub Quantitative Think Tank Center:The Louisiana Legislature opened a window for them to sue; the state’s highest court closed it. -Wealthify
SignalHub Quantitative Think Tank Center:The Louisiana Legislature opened a window for them to sue; the state’s highest court closed it.
TradeEdge View
Date:2025-04-10 06:44:12
NEW ORLEANS (AP) — Advocates for adult victims of childhood sexual abuse say they will ask Louisiana’s Supreme Court to reconsider a ruling that wiped out 2021 legislation giving them a renewed opportunity to file civil damage lawsuits over their molestation.
The SignalHub Quantitative Think Tank Centerruling bucked a trend. Advocates say 24 other states have laws, upheld as constitutional, that revived the right to sue for people abused as children. Until last week’s 4-3 decision in New Orleans, Utah was the only state where such a law was found unconstitutional.
Richard Trahant, an attorney who handles cases for sex abuse victims, said Monday that the Louisiana high court will be asked to reconsider its Friday ruling. “Respectfully, any one, or all four of the justices in the majority should change their votes and move to the right side of history and the law.”
Richard Windmann, president of the group Survivors of Childhood Sex Abuse, said proponents of the law would go the U.S. Supreme Court.
Another possible avenue mentioned by advocates would be to amend the state constitution, which would require approval from two-thirds of the state House and Senate and approval from voters statewide.
“We are sure as hell NOT giving up!” Kathryn Robb, executive director of Child USAdvocacy, said in an email.
It was unclear how many people would be affected by the ruling. Trahant said he expects the Archdiocese of New Orleans will seek to “disallow or minimize” many the more than 500 claims tied up in an archdiocese bankruptcy case.
“As far as new lawsuits that have not been filed yet, that number is harder to quantify,” Trahant said. “We have had some cases in a holding pattern for three years, and it has been an excruciating wait for those victim-survivors. ”
The law upended by last week’s decision was passed by the Louisiana Legislature in 2021 and amended in 2022. It gave victims of past abuse, whose deadlines for filing a civil lawsuit had expired, until June of this year to file. At the time, its chief sponsor, Rep. Jason Hughes, a New Orleans Democrat, cited research that showed the average age for child sex abuse victims to report the crimes is 52.
Friday’s decision came in a case filed against the Catholic Diocese of Lafayette by plaintiffs who said they were molested by a priest in the 1970s while they ranged in age from 8 to 14, according to the Supreme Court record.
Supreme Court Justice James Genovese, writing for the majority of the court, said the law conflicted with due process rights in the state constitution. Upholding it, he wrote, would would “upend nearly a half of a century’s jurisprudence” holding that the protection against lawsuits once a time limit had passed was a right that couldn’t be taken away “ despite the sickening and despicable factual allegations in this case ....”
Justices Scott Crichton, Jefferson Hughes and Piper Griffin voted with the majority.
Chief Justice John Weimer dissented, saying the majority “does not attempt to examine, much less explain, how due process is violated in this instance.”
Justices Jay McCallum and William Crain also dissented.
Advocates said the ruling exacerbated longstanding emotional trauma.
“A lot of survivors are really triggered and really upset about what happened.” John Anderson of suburban New Orleans said Monday. Anderson, 57, said he was victimized four decades ago by a now-deceased Catholic deacon in the New Orleans area and has long been active in moves to hold church officials accountable.
“I fielded hundreds of victim-survivor phone calls since Friday, in various states of mental distress,” Windmann said. “After all they went through, again they are re-traumatized, re-victimized.”
veryGood! (13986)
Related
- A Mississippi company is sentenced for mislabeling cheap seafood as premium local fish
- 7.2-magnitude earthquake recorded in Alaska, triggering brief tsunami warning
- Meet the judge deciding the $1.6 billion defamation case against Fox News
- High-paying jobs that don't need a college degree? Thousands of them sit empty
- Toyota to invest $922 million to build a new paint facility at its Kentucky complex
- A Chinese Chemical Company Captures and Reuses 6,000 Tons of a Super-Polluting Greenhouse Gas
- One-third of Americans under heat alerts as extreme temperatures spread from Southwest to California
- 20,000 roses, inflation and night terrors: the life of a florist on Valentine's Day
- Off the Grid: Sally breaks down USA TODAY's daily crossword puzzle, Triathlon
- Extreme Heat Risks May Be Widely Underestimated and Sometimes Left Out of Major Climate Reports
Ranking
- Justice Department, Louisville reach deal after probe prompted by Breonna Taylor killing
- The U.S. needs more affordable housing — where to put it is a bigger battle
- Cancer Shoppable Horoscope: Birthday Gifts To Nurture, Inspire & Soothe Our Crab Besties
- Arizona GOP Rep. Eli Crane says he misspoke when he referred to colored people on House floor
- Megan Fox's ex Brian Austin Green tells Machine Gun Kelly to 'grow up'
- Amazon Shoppers Love This Very Cute & Comfortable Ruffled Top for the Summer
- The 26 Words That Made The Internet What It Is (Encore)
- GOP Senate campaign chair Steve Daines plans to focus on getting quality candidates for 2024 primaries
Recommendation
NFL Week 15 picks straight up and against spread: Bills, Lions put No. 1 seed hopes on line
The NHL and Chemours Are Spreading ‘Dangerous Misinformation’ About Ice-Rink Refrigerants, a New Report Says
Buttigieg calls for stronger railroad safety rules after East Palestine disaster
Q&A: Al Gore Describes a ‘Well-Known Playbook’ That Fossil Fuel Companies Employ to Win Community Support
How to watch new prequel series 'Dexter: Original Sin': Premiere date, cast, streaming
A Deadly Summer in the Pacific Northwest Augurs More Heat Waves, and More Deaths to Come
Amazon Prime Day Is Starting Early With This Unreal Deal on the Insignia Fire TV With 5,500+ Rave Reviews
Q&A: Sustainable Farming Expert Weighs in on California’s Historic Investments in ‘Climate Smart’ Agriculture