Officials in Boston’s embattled Roman Catholic Archdiocese have made steps to both select church property to sell to settle claims of priest sexual abuse and also marshal a legal strategy to get the cases dismissed on First Amendment grounds.
Church lawyers planned to file a motion Monday arguing that the Constitution’s guarantee of freedom of religion precludes state action in the abuse scandal.
Bishop Richard G. Lennon, apostolic administrator of the archdiocese, said the motion was being filed to satisfy insurance companies’ requirements that the church avail itself of every significant defense before contributing to the settlement of claims.
If upheld by Superior Court Judge Constance Sweeney, more than 400 claims that could cost the church millions of dollars would be thrown out. Sweeney set Monday as the deadline for filing the motion.
Meanwhile, Lennon said he was hopeful the church could settle the lawsuits by selling some of its real estate holdings and by using insurance money.
Lennon said he has selected church properties for sale, and has directed church officials to put them on the market as soon as possible. However he has not said which properties will be sold.
A law firm advising the archdiocese has concluded that the church has at least $90 million available for a settlement, most of it through coverage provided by insurance companies.
Lawyers for victims said the legal motion to get the suits rejected was expected and that they expect it will be rejected.
Lennon, in his first news conference last week, said he backs efforts to settle lawsuits accusing church leaders of turning a blind eye to claims that priests molested children.
Still, Lennon would not rule out sending the archdiocese into bankruptcy as the church struggles to find a way to resolve the lawsuits. Before his resignation last week, Cardinal Bernard F. Law also considered the option.