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The Survivors Network of those Abused by Priests

SNAP Press Release

For immediate release: Tuesday, Dec. 15, 2009

For more information: David Clohessy 314 566 9790

Clergy sex abuse victims join in case vs. abusive rabbi and cantor

Sexual misconduct case is now before the Nevada Supreme Court

A Chicago-based support group for clergy sex abuse victims has joined in an amicus brief in a case against an allegedly abusive Las Vegas rabbi. The case is captioned Ramani v. Segelstein

SNAP has been highly critical of Las Vegas Catholic officials for refusing to warn their flock about predator priests, especially those from elsewhere who have moved to Nevada in recent years.

(SNAP, the Survivors Network of those Abused by Priests, is the nation’s oldest and largest support group for clergy abuse victims. We’ve been around for 21 years and have more than 9,000 members across the country. Despite the word “priest” in our title, we have members who were molested by religious figures of all denominations, including nuns, rabbis, bishops, and Protestant ministers. Our website is SNAPnetwork.org)

http://www.au.org/media/press-releases/archives/2009/12/first-amendment-does-not.html

First Amendment Does Not Protect Criminal Activities By Staff At Religious Organizations, Groups Say

December 14, 2009

Church-State Watchdog Group Joins Legal Brief In Sex-Abuse Case Before Nevada Supreme Court

The First Amendment’s religious liberty provisions do not shield houses of worship from liability when their staff members or volunteers commit crimes, Americans United for Separation of Church and State has told the Nevada Supreme Court.

Americans United and several other organizations filed a friend-of-the-court brief Dec. 11 in Nevada’s top court asserting that point.

The case in question, Ramani v. Segelstein, deals with a woman who says she was sexually assaulted by a cantor at her synagogue after a service. When she reported the assault to the head rabbi, he allegedly ignored the complaint and proceeded to solicit her for sexual favors.

“The principle of religious liberty must not be sullied by making it a shield for criminal activity,” said the Rev. Barry W. Lynn, executive director of Americans United. “The First Amendment was never intended to be interpreted that way.”

In the brief, Americans United and the other organizations take issue with claims made by the Roman Catholic Bishops of Las Vegas and Reno and the Church of Jesus Christ of Latter-day Saints (LDS), which argue in their brief that religious organizations should be immune (except in very narrow circumstances) when their employees or volunteers commit crimes like sexual assault.

The brief filed by AU and others states that the bishops and the LDS church are essentially arguing “that religious entities can harm others without accountability and that somehow the First Amendment operates to create a special, religious enclave of those who must be permitted as a constitutional matter to be unaccountable for the harm they inflict.”

Many courts, the brief asserts, have rejected this argument.

“When an employer becomes aware (or should be aware) of behavior that may be harmful and does nothing – or exacerbates the harm as in [this case], the organization should be held liable for the injury that it had the unique ability to avoid through control of the employee or servant,” observes the brief.

The brief also argues that the fact that a house of worship’s clergyperson may have acted as an unpaid volunteer does not automatically shield the house of worship from liability.

“Exempting volunteers from normal agency law simply does not comport with well-settled agency doctrine, or the protection of the vulnerable,” argues the brief.

In addition to Americans United, organizations signing the brief include the Jewish Board of Advocates for Children, Inc.; Survivors For Justice; the National Black Church Initiative; Survivors Network of those Abused by Priests; the National Association to Prevent Sexual Abuse of Children; Child Protection Project; the Foundation to Abolish Child Sex Abuse; the Cardozo Advocates for Kids; Sexual Violence Legal News; Children’s Healthcare is a Legal Duty and Americans Against Abuses of Polygamy.

The brief was written by Professor Marci A. Hamilton, who holds the Paul R. Verkuil Chair in Public Law at Benjamin N. Cardozo School of Law, Yeshiva University.

Americans United is a religious liberty watchdog group based in Washington, D.C. Founded in 1947, the organization educates Americans about the importance of church-state separation in safeguarding religious freedom.

brenda of NV 9:15PM December 17, 2009

First Amendment Does Not Protect Criminal Activities by Staff at Religious Organizations, Says Americans United

Church-State Watchdog Group Joins Legal Brief in Sex-Abuse Case Before Nevada Supreme Court

WASHINGTON - December 14 - The First Amendment's religious liberty provisions do not shield houses of worship from liability when their staff members or volunteers commit crimes, Americans United for Separation of Church and State has told the Nevada Supreme Court.

Americans United and several other organizations filed a friend-of-the-court brief Dec. 11 in Nevada's top court asserting that point.

The case in question, Ramani v. Segelstein, deals with a woman who says she was sexually assaulted by a cantor at her synagogue after a service. When she reported the assault to the head rabbi, he allegedly ignored the complaint and proceeded to solicit her for sexual favors.

"The principle of religious liberty must not be sullied by making it a shield for criminal activity," said the Rev. Barry W. Lynn, executive director of Americans United. "The First Amendment was never intended to be interpreted that way."

In the brief, Americans United and the other organizations take issue with claims made by the Roman Catholic Bishops of Las Vegas and Reno and the Church of Jesus Christ of Latter-day Saints (LDS), which argue in their brief that religious organizations should be immune (except in very narrow circumstances) when their employees or volunteers commit crimes like sexual assault.

The brief filed by AU and others states that the bishops and the LDS church are essentially arguing "that religious entities can harm others without accountability and that somehow the First Amendment operates to create a special, religious enclave of those who must be permitted as a constitutional matter to be unaccountable for the harm they inflict."

Many courts, the brief asserts, have rejected this argument.

"When an employer becomes aware (or should be aware) of behavior that may be harmful and does nothing - or exacerbates the harm as in [this case], the organization should be held liable for the injury that it had the unique ability to avoid through control of the employee or servant," observes the brief.

The brief also argues that the fact that a house of worship's clergyperson may have acted as an unpaid volunteer does not automatically shield the house of worship from liability.

"Exempting volunteers from normal agency law simply does not comport with well-settled agency doctrine, or the protection of the vulnerable," argues the brief.

In addition to Americans United, organizations signing the brief include the Jewish Board of Advocates for Children, Inc.; Survivors For Justice; the National Black Church Initiative; Survivors Network of those Abused by Priests; the National Association to Prevent Sexual Abuse of Children; Child Protection Project; the Foundation to Abolish Child Sex Abuse; the Cardozo Advocates for Kids; Sexual Violence Legal News; Children's Healthcare is a Legal Duty and Americans Against Abuses of Polygamy.

The brief was written by Professor Marci A. Hamilton, who holds the Paul R. Verkuil Chair in Public Law at Benjamin N. Cardozo School of Law, Yeshiva University.

###

Americans United is a religious liberty watchdog group based in Washington, D.C. Founded in 1947, the organization educates Americans about the importance of church-state separation in safeguarding religious freedom.

Becky of AZ 9:19PM December 16, 2009

If they did the crime, do the time. What are the

facts? Does the woman have a good lawyer? Who cares

about the rest, their's is not new news....if you

recall from the early Byzantine eras and

earlier...and not all female....they've

always made excuses.

halejula of NY 9:22PM December 14, 2009

Just to show the readers that the bishops of Nevada in Las Vegas and Reno do get involved in cases against sex victims who are not Catholics.

Why does the Nevada Catholic Church bishops waist Church money harassing a sex victim who came close to death by hours and is Jewish?

Why does the Nevada bishops believe that "RACE BLOOD INVESTIGATIONS" be charged to the sex victim? Hitler was involved in charging Jews for the race investigations of WHO IS A JEW?

In the United States this activity should not be allowed. WHO WANTS THAT LAW AROUND AGAIN BISHOPS OF NEVADA?

PROOF OF THE SEX CONVICTION IN THE CASE BELOW.

Case of Cantor Michael Segelstein (Las Vegas, NV)

It appears that Michael Segelstein is an honored member of Chabad of Southern Nevada. Please contact Rabbi Shea Harlig and let your voice be heard! ...

www.theawarenesscenter.org/Segelstein_Michael.html - Cached

MICHAEL SEGELSTEIN - Florida Sexual Offender

Name: MICHAEL SEGELSTEIN. Status: Released - Required to Register. Department of Corrections #: Not Available Search the Dept of Corrections Website ...

offender.fdle.state.fl.us/offender/flyer.do?personId=36939

sARAH of NV 5:05PM November 17, 2009

Sex crimes should never be allowed by Clergy. They are in a position of trust and have power of those who come to them for help.

The Diocese of Las Vegas and the Diocese of Reno Nevada. Have entered a case where a woman was sexually attacked in a parking lot by a Clergy member. She came close to death. The Clergy is a Convicted sex offender.

However the Bishops and Catholic Church of Nevada say that no law should be made against Clergy sex crimes this case is in the Nevada Supreme Court. Ramani V Segelstein.

These Clergy have no business in entering a case where a woman almost died and she is Jewish not a Catholic.

This shows oppression against the female race and persecution by the catholic Church to enter a convicted sex offender case against the sex victim.

When Clergy are allowed to control the Judaical system all "Federal Discovery Rights" in Civil cases are blocked and denied to sex victims. This is a way to win the case even with a sex conviction at civil trial and punish the sex victims. Teaching other future victims that if you report a sexual assault by Clergy you will be punished.

Safeco American Ultra Religious Sexual Molestation Insurance Policy, pays for all maybe 60 lawyers in one case legal fees to be paid for Clergy members who commit sex crimes "sodomy against children" teens or adults any sex crimes pr abuses are covered. Churches or Temples will not be out any money and as many lawyers as needed to degrade humiliate persecute and attack the sex victims will be paid in full.

However Clergy cry it is costing the Church money to pay for these lawyers as they beg for more money. What a scam rape and profit off the sex crimes as lawyers give a kickback percent to the Churches or Temples. What a business rape and profit.

So never think that hundred of millions are being paid by sex insurance for Clergy to lawyers who enjoy making money off sex crimes sodomy rape on children and adults.

Why do these insurance and lawyers like to make money off human rights abuses crimes? What is in there private lives that condones these crimes?

Would you trust your child around these lawyers or Clergy s?

The new business lawyers hide "child sodomy and sex crimes for profiteering off humans and knowing it never reporting it to the police or the FBI.

Profiteering off sex crimes business threw sex slavery protection for Clergy.

Sarah of NV 4:44PM November 08, 2009

Hi, wicked site. Keep up the good work!

AstrologyReadings of AL 12:43AM November 08, 2009

LA is the heart of American Catholicism.

NY is the nexus of media and politics.

Pope Adrian V 4:48AM March 01, 2009

If the Catholic Church continues to focus on the 'bedroom' and divisive issues rather than the social concerns of fair wages, adequate health care, a clean environment (less mercury protects the unborn, and cleaner air reduces asthma in children and adults), mutual respect, and love than it will whither and die.

If fewer people have the money to put in the plate then it hurts the church and its ability to make a positive difference in the world.

Brian of WI 11:45PM February 28, 2009

I saw another piece about this that said that since the Irish were the main source of priests a generation ago, they are the ones that are highest on the ladder at the moment. That means that Hispanics won't be taking on any major spots in management until they work their way up which will be in another generation.

I know nothing about this guy, so I can't opine about the selection. However, I can say that judging a guy by the personal impression he makes (smiling and all that) is fraught with error. Remember that Bush looked into Putin's soul and liked what he saw.

Texas Aggie of TX 10:48PM February 28, 2009

It never ceases to amaze me when yet another member of the Irish drag-mafia is appointed to head the NY archdiocese. Latinos, Hispanics and Italians must make up at least 50% of the Catholics in the region with the rest being of northern European heritage. Why is the pulpit in NY reserved so obviously for those of Irish heritage? Even the current pope is German, the previous one Polish. Discrimination of this sort may make sense to the Vatican, but how the increasingly less obedient faithful see it is probably completely different.

Richard of MA 12:25PM February 28, 2009

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Dan Gilgoff covers religion for U.S. News & World Report. He is the author of The Jesus Machine: How James Dobson, Focus on the Family, and Evangelical America are Winning the Culture War, and is a former politics editor at beliefnet. E-mail Dan at godandcountry@usnews.com.

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