Protect the children or protect the church? For years, the obvious answer to this question was ignored by the courts, U.S. bishops and the Vatican. But since the turn of this century, lawsuits have been in full swing, and a new one, filed by New York’s Attorney General against the Buffalo Diocese is just the first among eight ongoing child sex abuse inquiries across the state.

A two-year investigation into the sexual abuse of children in New York’s Dioceses of the Catholic Church led to the November 23 charges against the Buffalo Diocese and two of its former leaders for failing to follow church policies and state law. The Diocese includes over 600,000 Catholic worshipers.

In 2002, the United States Conference of Bishops created a series of policies, commonly called The Dallas Charter, to prevent priests from sexually abusing children. The Charter established procedures to assure adequate investigations and reporting of abuses and to prevent the cover-up of complaints. Unfortunately, priests are exempt from New York State reporting law, but the Buffalo Diocese reached an agreement with its local prosecutors that mandated their reporting of abuse claims.

However, the agreement severely limited the number of suits that were filed because it only required the Diocese to report allegations that were received within five years of the abuse or five years of the accuser’s 28th birthday.

The new suit is based on civil laws that govern religious and charitable organizations. It mandates that churches act in good faith in their responses to sexual abuse victims and their oversight of the conduct of its priests.

In a press release issued by her office, Attorney General Leticia James said, “When trust is broken with spiritual leaders, it can lead to a crisis of faith. For years, the Diocese of Buffalo and its leadership failed to protect children from sexual abuse. Instead, they chose to protect the very priests who were credibly accused of these atrocious acts. Individuals who are victims of abuse deserve to have their claims timely investigated and determined, and the Buffalo Diocese refused to give them that chance. While we will never be able to undo the wrongs of the past, I can guarantee that my office will do everything in its power to ensure trust, transparency, and accountability moving forward.”

Both Bishop Emeritus Richard J. Malone and former Auxiliary Bishop Edward M. Grosz, who are named in the suit, voted in favor of The Dallas Charter, which they subsequently ignored. When 78 credible sex abuse claims were made against 25 of their priests, they were supposed to refer them to the Vatican for investigation and possible removal from the priesthood, an action that only the Vatican is permitted to take. Instead, the accused priests were labeled “unassignable” and were allowed to retire or go on medical leave. They were ultimately removed from their positions in the church but never subjected to Vatican review or punishment. Interim Apostolic Administrator Edward B. Scharfenberger, appointed by the Pope after Malone’s resignation, is also named in the lawsuit.

For too long, the identities of all accused priests were protected, charitable assets were used to shelter them and their victims were denied retribution. After widespread sex abuse became public in 2002, helped by The Boston Globe’s exposure of extensive church scandals, Bishop Malone was investigated by the church; he resigned his position after a Vatican investigation into his defective handling of the crisis under his authority.

The AG’s civil complaint seeks an order requiring compliance with The Dallas Charter by the Buffalo Diocese and Scharfenberger, its interim Apostolic Administrator. The AG’s office also seeks restitution, asks that an independent compliance auditor be appointed to monitor compliance, and requests that defendants be forbidden to take any future secular fiduciary roles in any New York charitable organization. This final request may lead to disputes about the State’s interference with freedom of religion. A separate AG motion asks that the names of all accused priests be made public.

Last week’s lawsuit demonstrates a new vigor in pursuing justice for New York’s childhood sex abuse victims. Reports of widespread abuse for the past 70 years prompted the passage of New York’s Child Victims Act that was proposed 13 years ago but went nowhere thanks to extensive lobbying efforts by the church and related groups. The new law allows victims to file lawsuits until they are 55 and permits criminal prosecutions until a victim reaches the age of 28. Governor Andrew Cuomo extended the act until August 2021 due to the pandemic.

Greg Tucker, a spokesman for the diocese told the New York Times it would review the lawsuit and plans to work with civil authorities to investigate “alleged crimes and complaints,” while stressing the church’s “zero tolerance policies against sexual abuse of a minor or sexual harassment of an adult in the Diocese of Buffalo by any member of the clergy.”

Organizations that support survivors, including the Buffalo chapter of the Survivors Network of Those Abused by Priests, applauded the new lawsuit as did Fordham professor David Gibson, director of the University’s Center on Religion and Culture. He told the Times that the case represents a “real sea change,” noting, “even as recently as 2003, the state showed great deference to Catholic leaders and did not want to be seen as attacking the Catholic Church because that was politically dangerous.”

The Catholic News Agency reports that a spokesman for the Diocese said they would be reviewing the lawsuit and that they “wish to reiterate that there is zero tolerance for sexual abuse of a minor or of sexual harassment of an adult in the Diocese of Buffalo by any member of the clergy, employee or volunteer.”

“The Diocese has put in place rigorous policies and protocols governing required behavior as well as a code of conduct which all clergy are expected to abide by. Moreover, the Diocese has committed to full cooperation with all civil authorities in both the reporting and investigation of alleged crimes and complaints,” he said.

Even if the AG prevails in the lawsuit, the result can be considered symbolic since all named priest defendants have retired and the Buffalo Diocese filed for bankruptcy in February. Dioceses in Rochester, Syracuse and Rockville Centre have also filed for bankruptcy due to the large number of lawsuits.