La. Supreme Court reverses previous decision, upholds law for childhood sex abuse lawsuits

In a stunning reversal of its decision earlier this year, the Louisiana Supreme Court has upheld a state law giving survivors of childhood sex abuse more time to file lawsuits, a ruling that holds particular significance for Roman Catholic dioceses across the state and hundreds who say they were victimized by clergy.

In an opinion issued Wednesday, the state’s high court ruled 5-2 that the “lookback window,” which was unanimously approved by the Louisiana legislature several years ago, is constitutional, giving abuse survivors a three-year window to file damage suits for past abuse regardless of how long ago it occurred.

"Given Louisiana's legitimate interest in protecting its citizens who were sexually abused as minors and in providing them with the ability to seek redress in the courts ... it is clear that defendants have failed to satisfy the heavy burden of proving the unconstitutionality" of the law, Chief Justice John Weimer wrote for the majority.

Joining Weimer were Justices William Crain and Jay McCallum, who supported the law in March, and Justices Scott Crichton and Piper Griffin, who reversed their earlier stances.

Justices James Genovese and Jeff Hughes dissented. 

"I am very concerned about this majority ruling on rehearing, granting unbridled authority to the legislature to enact legislation which supersedes and tramples our Constitution," Genovese wrote. "I find such action to be a violation of the separation of powers doctrine. This is a slippery slope indeed."

Attorney General Liz Murrill asked the court for a rehearing in April and said Wednesday that the reversal marks a "great day for Louisiana."

“These child victims of sexual abuse deserve their day in court. This is a win for victims of sexual assault and for those who have been silenced for too long," she said in a statement. 

What it means

The ruling has potentially significant implications for the New Orleans archdiocese, which filed for bankruptcy court protection in May 2020 amid mounting claims of clergy sex abuse. At the time, a few dozen cases had been filed against the local church.

The bankruptcy case froze those civil lawsuits. In the four years since, more than 500 abuse survivors have filed credible claims with the bankruptcy court against more than 300 priests and deacons. Most of the cases are decades old.

Wednesday's ruling could strengthen those claims, potentially making those survivors eligible for a greater share of a settlement if the case is successfully resolved. It could also encourage more survivors to come forward and file claims against the church.

The ruling will have much more significant implications if the church bankruptcy case is dismissed because the two sides cannot agree on what constitutes fair compensation for the survivors. If that happens, the decision will clear the way for countless old abuse cases to be tried in state court. 

Lafayette abuse survivor Douglas Bienvenu filed a lawsuit against the Diocese of Lafayette that ultimately led to the Supreme Court ruling. Attorneys with the New Orleans firm that represents Bienvenu cheered the reversal.  

"This is a great day for both the children of Louisiana and adult survivors of child sexual abuse. We are already hearing from many of our clients, and they are sincerely appreciative of the five Louisiana Supreme Court Justices who held this remarkable law to be constitutional," said Richard Trahant, Soren Gisleson, John Denenea, Kevin Duck and Clemille Simon in a statement. 

The firm also represents dozens of survivors who have filed lawsuits against the Archdiocese of New Orleans as well as claims in the church bankruptcy case.   

National advocates for child sex abuse survivors also celebrated.

“Reason, common sense public policy and justice have won the day," said Kathryn Robb, national director, Children's Justice Campaign.

Archbishop Gregory Aymond said last month that New Orleans archdiocese has never opposed the lookback window statute, which was challenged in court by the Diocese of Lafayette, and that it would contribute the same amount of funds toward a settlement regardless of the court's ruling. 

Officials with the Lafayette diocese did not immediately respond to a request for comment.

“It makes no difference to us,” Aymond said. “We think it is important to give everybody something. Whatever number we come up with, we will do that regardless of what the Supreme Court says.”

The ruling also has major implications for the Catholic dioceses in other parts of the state where abuse cases are stacking up, as well as organizations that have nothing to do with the church but have historically dealt with youth, like the Boy Scouts of America, sports teams and schools. It is unclear whether the ruling could lead other dioceses facing abuse claims to file bankruptcy.

Opening the window

In 2021, Louisiana became one of 22 states to pass a lookback window giving abuse survivors three years to file civil lawsuits against their abusers, no matter how long ago the abuse occurred. At the time, a 1993 law only gave survivors until age of 28 to file such suits.

The following year, lawmakers amended the law to make clear that survivors of any age could file abuse suits. Both laws were approved unanimously by both the House and the Senate, a rarity in the current political climate.

The Diocese of Lafayette challenged the law in connection with the Bienvenu case, which dated back to the early 1970s. Two lower courts upheld the law, but in March, the Supreme Court overturned their decisions, only to reverse itself on Wednesday. In the meantime, the legislature during its recent session extended the window, which was set to expire later this month, until 2027. The extension of the window was, again, unanimously approved by lawmakers.

Rep. Jason Hughes, the New Orleans Democrat who sponsored the bills in 2021, 2022 and this year, said on the social media site X that, "Survivors of child sexual abuse will FINALLY get a chance at justice. Huge thanks to AG Murrill and the entire Louisiana delegation."