Maryland Supreme Court hears arguments on constitutionality of Child Victims Act

(OSV News) -- 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 Democratic Gov. Wes Moore over the objections of the state's Catholic leaders, lifted the statute of limitations for child sexual abuse lawsuits, allowing survivors to file lawsuits against perpetrators or institutions accused of enabling the abuse, regardless of how long ago the abuse occurred.

Opponents argued that the Child Victims Act is unconstitutional in part because the measure violates provisions in a 2017 law that allowed victim-survivors to file claims until age 38.

The 2017 law, sponsored by Delegate C.T. Wilson, a Democrat, 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, which includes five Maryland counties. "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 Child Victims Act "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 Child Victims Act 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 last year with Catholic Review Media, Baltimore's archdiocesan news outlet, 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.