• Skip to main content
  • Skip to secondary menu
  • Skip to primary sidebar
  • Skip to footer
Catholic Review

Catholic Review

Inspiring the Archdiocese of Baltimore

Menu
  • Home
  • News
        • Local News
        • World News
        • Vatican News
        • Obituaries
        • Featured Video
        • En Español
        • Sports News
        • Official Clergy Assignments
        • Schools News
  • Commentary
        • Contributors
          • Question Corner
          • George Weigel
          • Elizabeth Scalia
          • Michael R. Heinlein
          • Effie Caldarola
          • Guest Commentary
        • CR Columnists
          • Archbishop William E. Lori
          • Rita Buettner
          • Christopher Gunty
          • George Matysek Jr.
          • Mark Viviano
          • Father Joseph Breighner
          • Father Collin Poston
          • Robyn Barberry
          • Hanael Bianchi
          • Amen Columns
  • Entertainment
        • Events
        • Movie & Television Reviews
        • Arts & Culture
        • Books
        • Recipes
  • About Us
        • Contact Us
        • Our History
        • Meet Our Staff
        • Photos to own
        • Books/CDs/Prayer Cards
        • CR Media platforms
        • Electronic Edition
  • Advertising
  • Shop
        • Purchase Photos
        • Books/CDs/Prayer Cards
        • Magazine Subscriptions
        • Archdiocesan Directory
  • CR Radio
        • CR Radio
        • Protagonistas de Fe
  • News Tips
  • Subscribe
Arguing before the Maryland Supreme Court Sept. 10, an attorney representing the Archdiocese of Washington and an attorney representing the Key School in Annapolis called for justices to overturn the 2023 Child Victims Act as unconstitutional. (Kevin J. Parks/CR Staff)

Maryland Supreme Court hears arguments on constitutionality of Child Victims Act

September 10, 2024
By George P. Matysek Jr.
Catholic Review
Filed Under: Child & Youth Protection, Feature, Local News, Maryland General Assembly, News

Share
Share on Facebook
Share
Share this
Pin
Pin this
Share
Share on LinkedIn

Arguing before the Maryland Supreme Court Sept. 10, an attorney representing the Archdiocese of Washington and an attorney representing the Key School in Annapolis called for justices to overturn the 2023 Child Victims Act as unconstitutional.

The measure, signed into law by Gov. Wes Moore (D) over the objections of the state’s Catholic leaders, lifted the statute of limitations for child sexual abuse lawsuits. The law’s opponents argued that the CVA is unconstitutional in part because the measure violates provisions in a 2017 law that allowed victim-survivors until age 38 to file claims.

The 2017 law, sponsored by Del. C.T. Wilson (D-Charles) and supported by the state’s Catholic bishops, included a statute of repose that bars survivors of child sexual abuse from suing their abuser’s employer after they turn 38 – up from age 25 under previously existing law.

Much of the proceedings at the high court hinged on the question of what lawmakers intended by including the statute of repose.

“This court, as it always does, should apply the 2017 law as it was written in its entirety,” said Richard S. Cleary Jr., an attorney representing the Archdiocese of Washington. “It should interpret the 2017 law to give every word effect and to avoid an interpretation that would render any word meaningless.”

Cleary argued that those supporting the CVA “are not asking that this Court merely interpret certain words narrowly.” He noted that when lawmakers passed the 2017 legislation, they voted in favor of both altering the statute of limitations and establishing a statute of repose.

Cleary said the statute of repose “imposes an absolute bar to liability.” A statute of repose means that at the expiration of a specific period of time, claims are put to rest and potential liabilities are “extinguished,” he said.

“That is a substantive right that is embedded in the definition of the statute of repose,” Cleary said, “and that is why the distinction between statute of limitations and statute of repose is not a mere label. It animates the 2017 law, and it is not just a matter of form, but essential to the structure and operation of the law. …”

Cleary said the Legislature “recognized that there was not a statute of repose in this area of the law, and it needed to create one.”

Sean L. Gugerty, an attorney representing Key School, a private school, referenced Anderson v. United States, a 2012 case in which the Maryland Supreme Court touched on the differences between statutes of limitations and statutes of repose.

“Anderson explained that a statute of repose is a special statute that creates an absolute time bar for a class of defendants after which liability no longer exists,” Gugerty said. “Our position on the 2017 law is straightforward: the General Assembly meant exactly what it said, that it intended to establish a new statute of repose.”

Supporters of the law argued that lawmakers may not have been aware of the inclusion of the statute of repose in the legislation. Chief Justice Matthew Fader questioned whether lawmakers intended to “deprive” future General Assemblies from being able to alter their actions.

Following arguments that lasted more than three hours, the Archdiocese of Washington released a statement saying that the Legislature’s attempt to “retroactively revive expired tort claims against entities that were not themselves the perpetrators of alleged abuse is prohibited by the Maryland Constitution.”

“Regardless of the outcome of these appeals, the Archdiocese of Washington will continue to maintain our robust safe environment program, which has been in place for decades,” the statement said. “The Archdiocese also remains committed to our longstanding efforts to bring healing to survivors of sexual abuse through pastoral care and other forms of assistance that are available apart from the legal process.”

The CVA allows civil suits for child sexual abuse against public entities and private institutions and individuals no matter when the abuse occurred. A few days prior to the law taking effect Oct. 1, 2023, the Archdiocese of Baltimore declared bankruptcy. The new law pertains to suits for monetary damages; there is no statute of limitations for criminal prosecution of those crimes in Maryland.

In an interview with Catholic Review Media last year, Archbishop William E. Lori explained that reorganization would help provide equitable settlements to all those who may have been harmed and would assure that Catholic ministries go forward in the archdiocese.

Email George Matysek at gmatysek@CatholicReview.org

Editor’s note: This story was updated at 3:20 p.m. on Sept. 15, 2024, to add an inadvertently omitted word in a quote.

Read More Local News

Baltimore-area Catholics pray for new pope, express excitement for his leadership

Archbishop Lori surprised, heartened by selection of American pope

Missionary discipleship sees growth after Seek the City initiative

Knights of Columbus honored for pro-life support

Cumberland Knott scholar Joseph Khachan a perfect fit for program’s mission in Western Maryland  

Called to foster: Families welcome children with love

Copyright © 2024 Catholic Review Media

Print Print

Share
Share on Facebook
Share
Share this
Pin
Pin this
Share
Share on LinkedIn

Primary Sidebar

George P. Matysek Jr.

Click here to view all posts from this author

For the latest news delivered twice a week via email or text message, sign up to receive our free enewsletter.

| MOST POPULAR |

  • Chicago native Cardinal Prevost elected pope, takes name Leo XIV

  • U.S. cardinal’s résumé, demeanor land him on ‘papabile’ lists

  • Who was Pope Leo XIII, the father of social doctrine?

  • Kenyan cardinal claims he wasn’t invited for conclave; Vatican says invite is automatic

  • Advocates of abuse victims are rooting for a Filipino pope — and it’s not Cardinal Tagle

| Latest Local News |

Baltimore-area Catholics pray for new pope, express excitement for his leadership

Archbishop Lori surprised, heartened by selection of American pope

Missionary discipleship sees growth after Seek the City initiative

Knights of Columbus honored for pro-life support

Cumberland Knott scholar Joseph Khachan a perfect fit for program’s mission in Western Maryland  

| Latest World News |

Pilgrim Passport to 3 Wisconsin Marian shrines help faithful mark their Jubilee journey

Pope Leo to inaugurate his papacy May 18; a look at his May calendar

Report: Some House GOP members object to removing Planned Parenthood funds from Trump bill

New pope calls for Christian witness in world that finds faith ‘absurd’

Full text of first public homily of Pope Leo XIV

| Catholic Review Radio |

CatholicReview · Catholic Review Radio

Footer

Our Vision

Real Life. Real Faith. 

Catholic Review Media communicates the Gospel and its impact on people’s lives in the Archdiocese of Baltimore and beyond.

Our Mission

Catholic Review Media provides intergenerational communications that inform, teach, inspire and engage Catholics and all of good will in the mission of Christ through diverse forms of media.

Contact

Catholic Review
320 Cathedral Street
Baltimore, MD 21201
443-524-3150
mail@CatholicReview.org

 

Social Media

  • Facebook
  • Instagram
  • Twitter
  • YouTube

Recent

  • Pilgrim Passport to 3 Wisconsin Marian shrines help faithful mark their Jubilee journey
  • Who is our new pope, Pope Leo XIV?
  • Pope Leo to inaugurate his papacy May 18; a look at his May calendar
  • Report: Some House GOP members object to removing Planned Parenthood funds from Trump bill
  • Movie Review: ‘Another Simple Favor’
  • New pope calls for Christian witness in world that finds faith ‘absurd’
  • Full text of first public homily of Pope Leo XIV
  • Midwest Augustinians celebrate in Pope Leo XIV a brother ‘rooted in the spirit of St. Augustine’
  • Pope Leo XIV: A biographical timeline

Search

Membership

Catholic Media Assocation

Maryland-Delaware-DC Press Association

The Associated Church Press

© 2025 CATHOLIC REVIEW MEDIA, ALL RIGHTS RESERVED