The state Supreme Court has reversed an earlier ruling that found the state's so-called "look back law" unconstitutional.
Today's ruling means that the case in question, filed by several men who allege they were sexually abused by late Rev. Monsignor Kenneth Romain Morvant, goes back to court in St. Martin Parish to proceed.
In March, the Supreme Court of Louisiana ruled the law that allows victims of child sex abuse to sue their abusers years after the crime as unconstitutional. But the plaintiffs in the case requested a rehearing, arguing that the court had not taken their analysis far enough - and the court agreed. It was following this rehearing that the reversal was issued.
"Following a careful review of our original decision in this case in light of the arguments of all parties on rehearing, and for the reasons expressed below, the court vacates the original opinion declaring the revival provisions (of the law) unconstitutional," the ruling issued today states.
Usually, plaintiffs have a year after the incident or injury at issue to file a lawsuit. That time limit is called "prescription."
But the Louisiana legislature passed a law in 2021, as many states have, that allows sex abuse victims to file suit during a window of time set by the law. It's called a "look-back law."
It's that law, not the claims in the suit, that the court has ruled upon.
If you want to read the whole opinion for yourself, scroll down. If you want to see our story about the March ruling, which includes a copy of that ruling, click here.
At issue is a lawsuit filed in St. Martin Parish that accuses the church of knowing that the late Rev. Monsignor Kenneth Romain Morvant sexually abused children. The alleged abuse took place in the 1970s at a Catholic church and a Catholic school in St. Martin Parish. To read our story about the suit, click here.
The March decision was written by Justice James T. Genovese, with Chief Justice John T. Weimer dissenting. Today's decision was written by Weimer, with Genovese dissenting.
The bottom line, the June ruling states, is "whether the legislature ha the authority, consistent with the due process guarantee of the Louisiana constitution, to revive a prescribed cause of action for sexual abuse of a minor."
In this ruling, the court relies in part on a case that found that "the legislature can enact any legislation that the constitution does not prohibit," which means that any party arguing that a law is unconstitutional must cite the section of the constitution that prohibits the statute.
The ruling also discusses language in the U.S. Constitution that the right to own and use property "is not absolute." The ruling also discusses the character of the law in question, which it characterizes as "social welfare legislation" in that it "attempts to address the societal costs of child sexual abuse."
According to the ruling, the legislator who wrote the law said there were three reasons for it: to identify hidden child predators to prevent future abuse; shift the cost of abuse from the victims and society to those who actually caused it and to educate the public about the prevalance and effects of child sex abuse to prevent future abuse.
"This court's role is not to reweigh the legislature's policy decision," the ruling states.
The law in question provides people who were sexually abused as minors a "narrowly tailored" relief, for a short period of time and for a narrow category of victims, the ruling states. There's a "legitimate interest" for the state to do so, and under the due process clause, no rights are absolute.
"The due process clause simply offers protection from arbitrary and unreasonable action by the government," The ruling states. "The revival provision at issue is not arbitrary (in fact, in this case it is arguable that the "arbitrary and unreasonable" conduct was the alleged sexual abuse perpetrated on children by those in society who were placed in positions of authority)."
How to get help
KATC recognizes that hearing these stories will trigger memories and anguish for victims.
If you’ve been the victim of a sexual assault and you need help, there is help available.
We’ve put together a list of locations to find help, and numbers to call for help. You can find it here.
If you believe that a crime has been committed, please call your local law enforcement, or dial 911.
Here's the June ruling from the Supreme Court:
