Third in a series.

Editor's note: In 2002, the California Legislature passed legislation written by personal injury attorneys interested in suing the Catholic Church. The legislation, known as Senate Bill 1779, allowed for the revival of claims of sexual abuse that previously had been barred by a statute of limitations. The result was an avalanche of lawsuits filed against the Church, the majority of which were for claims of abuse stretching back 30 to 70 years.

The media reminds us that there are more than 550 claims pending against the Archdiocese alleging sexual abuse of minors by clergy. What the media does not clarify is that Senate Bill 1779 singled out the Catholic Church as a target for these claims and other claims dating all the way back to the early 1930s.

That any priest, teacher or any other adult would abuse his or her trust by sexually exploiting a child is as heinous to the Catholic Church as it is to the public at large. Cardinal Mahony has expressed his personal sadness regarding past allegations of abuse by clergy, and has instituted many steps to create safe environments for all so that the future will not resemble the past.

Sexual exploitation is a social problem that must be addressed throughout society. However, in passing SB 1779, the California Legislature deliberately and unconstitutionally targeted the Catholic Church, not the social problem. The legislation was drafted by lawyers already pursuing the Church for monetary awards for clients and contingency fees for their efforts. During its enactment, the legislators heard only from those who alleged abuse by clergy. The discussion of the proposed bill focused exclusively on that abuse and the crisis of clergy sexual abuse being reported throughout America.

On its face, SB 1779 appears to encompass all institutions where children may be at risk of being abused. But in fact, public schools, state supervised foster homes, juvenile detention facilities and other government entities were not impacted by the legislation because of the special statutes of limitations that apply to them as public entities. (A headline in the Los Angeles Times on April 3, 2003, confirmed this: Law to Keep Priests' Cases Alive Is Signed.)

By enacting a law with such a specific target, the Legislature took it upon itself to find the Catholic Church guilty without trial and singled it out for punishment. This is what the United States Constitution outlaws by forbidding a Bill of Attainder, an ancient tyranny rejected by our nation's Founding Fathers. The late Chief Justice William Rehnquist described a Bill of Attainder as "a legislative act that singled out one or more persons and imposed punishment on them, without benefit of trial." That is what the California Legislature did in SB 1779.

The legislature also disregarded the First Amendment protections the U.S. Constitution affords to religious institutions, and violated the Constitution's due process protections by retroactively reviving claims of abuse that had been barred for decades.

SB 1779 has resulted in an overwhelming number of cases against the Church, some of them going back more than 70 years. Many of the revived claims involve accused offenders, witnesses and Church officials who have long since died. Critical records have been lost or destroyed with the passage of so many years. In many instances, those who might be able to provide information for the plaintiffs or the defendants have died. It is difficult to coordinate the information needed to assure fair trials or to have the insurers agree to settle the claims.

More than two decades ago, a group of lawyers decided to target the Catholic Church as a "deep pocket" that could be sued successfully for sexual abuse of minors by clergy. That was their right. However, when the State of California joined them in an alliance by writing and passing SB 1779, the state violated American Constitutional values of fairness and due process.

The terrible circumstances and sinfulness of sexual abuse by clergy does not justify another wrong of allowing the violation of Constitutional rights and the rule of law. As a result, the Catholic Church is challenging the constitutionality of SB 1779 in Federal Court. Whatever the outcome, the Archdiocese hopes to achieve a fair global settlement of the claims and an appropriate constitutional interpretation of SB 1779.

At a glance: Senate Bill 1779

---Written by personal injury attorneys with close ties to the California Legislature.
---Targeted Catholic Church while excluding public schools, foster homes and other institutions where children may be at risk of abuse.
---Allowed claims as far back as the 1930s to be made against the Church, virtually ensuring that old claims could never be verified or defended against.
---Currently being challenged in Federal Court as unconstitutional.