Section 42 Generally

• Library: Prof Liability 2005

The cases of alleged clergy sexual misconduct show not only a failure by the religious organizations but also a failure by the courts to fully address this issue. Although lawyers frequently discuss the United States Supreme Court’s 1952 Kedroff v. St. Nicholas Cathedral of Russian Orthodox Church in North America, 344 U.S. 94 (1952), decision limiting inquiry into church personnel matters, certain words in Kedroff are often ignored. The Court states: “Freedom to select the clergy, where no improper...