Finding Loopholes – and We Knew It Was Coming

While debating changes to the laws overseeing bankruptcy filings in March 2005, Sen. Chuck Schumer (D-NY) offered an amendment that would have made it illegal for violent protesters, whether at abortion clinics or any other lawful business or service, from using bankruptcy law to avoid court-ordered financial consequences of their actions. The Senate defeated the amendment by a vote of 53 to 46, allowing anti-abortion protesters to file for bankruptcy instead of paying fines incurred from performing or threatening violent actions against reproductive health clinics, clinic workers, or patients. Opponents argued that it was unnecessary and organizations would not use the system to get out of their obligations.

But low and behold, the "organizations" using this kind of loophole are Roman Catholic Dioceses - filing for bankruptcy to avoid their obligations to individuals who were sexually abused by priests.

While debating changes to the laws overseeing bankruptcy filings in March 2005, Sen. Chuck Schumer (D-NY) offered an amendment that would have made it illegal for violent protesters, whether at abortion clinics or any other lawful business or service, from using bankruptcy law to avoid court-ordered financial consequences of their actions. The Senate defeated the amendment by a vote of 53 to 46, allowing anti-abortion protesters to file for bankruptcy instead of paying fines incurred from performing or threatening violent actions against reproductive health clinics, clinic workers, or patients. Opponents argued that it was unnecessary and organizations would not use the system to get out of their obligations.

But low and behold, the "organizations" using this kind of loophole are Roman Catholic Dioceses – filing for bankruptcy to avoid their obligations to individuals who were sexually abused by priests. The Washington Post recently reported that the Catholic Diocese of Davenport, Iowa is the fourth diocese in the nation to misuse bankruptcy laws to financially protect itself in the midst of a sexual abuse case. As if there wasn't enough damage in the first place, let's make sure those responsible continue to be irresponsible.

Now, the Schumer amendment would not have applied to this situation – but he was certainly on track about the lengths some will go to protect themselves after they have violated someone else's reproductive and human rights.