Augusta man can sue diocese

Portland, Oregon -

In a landmark decision Tuesday, the Maine Supreme Court cleared the way for victims of sexual abuse by priests to sue the Roman Catholic Diocese of Maine.

The court upheld a case brought by Michael Fortin, 30, of Augusta, against Father Raymond Melville, a former priest at St. Mary of the Assumption Catholic Church in Augusta, where Fortin was an altar boy and a student at the church school.

The Supreme Court ruled that Fortin, who said he was molested by Melville from 1985 to 1992, was entitled to care and protection from the church, two things he did not receive, the court said.

The court also struck down the church's right to immunity from suit under the First Amendment, which ensures freedom of religion. Until now, the Catholic Church and other churches have hidden behind that constitutional right as an excuse not to bring certain information out into the open.

Maine was one of only two states in the country that allowed immunity to churches based on First Amendment rights.

The court ruled that freedom of religion did not apply in Fortin's case, because his was a special circumstance in which he was an altar boy and a student at the church school and therefore had the right to be free from harm.

The court also said the church had an obligation to supervise the priest, which it did not.

Read the article at Search Courier Publications Dated May 11, 2005

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