NASHVILLE (BP) — The revelation of an amicus brief filed by Southern Baptist entities opposing an aspect of a Kentucky sexual abuse survivor’s case prompted statements from SBC Executive Committee officers as well as the SBC’s Abuse Reform Implementation Task Force (ARITF) Friday (Oct. 27)
The statements came after SBC entities took fire over the amicus brief, which was filed in April and addresses an abuse victim’s lawsuit in which her abuser’s employer, the Louisville/Jefferson County Metropolitan Government, is named.
‘Context and clarification’
Officers of the Executive Committee issued a statement Friday to offer “context and clarification” on the amicus brief.
The statement expressed a commitment to continue “engaging with survivors and working toward eradicating sexual abuse from Southern Baptist churches, institutions, and entities” while “bringing about meaningful abuse reform across the SBC.”
“Not one SBC Executive Committee trustee was involved in the decision to join this amicus brief. Counsel for the SBC Executive Committee reviewed the brief and recommended it be joined,” the statement read, referring to Bradley, a national law firm.
The way the amicus brief was filed has “prompted … trustees to reevaluate how legal findings will be approved and considered in the future,” the statement read.
The brief, today’s statement said, is not directly addressing the underlying litigation affecting the Killary case and isn’t a lobbying effort to restrict statutes of limitation. Rather, it urges the Kentucky Supreme Court to apply the current statute as it was originally drafted and applied in reference to non-offending third parties.
The amicus brief concerned “a discrete legal issue” that directly impacts the Executive Committee and the SBC’s “legal and fiduciary interests,” EC officers said.
At issue are amendments made to Kentucky law by the state legislature in 2021 and whether lawmakers’ intention was to apply a retroactive extension of the statute of limitations for sexual abuse claims to non-offender third parties, including organizations.
In the amicus brief on behalf of the SBC, Executive Committee, Southern Seminary and Lifeway Christian Resources, signees said they “do not dispute the laudable policy reasons for providing relief for victims of childhood sexual abuse.”
The brief, today’s statement said, is not directly addressing the underlying litigation affecting the Killary case and isn’t a lobbying effort to restrict statutes of limitation. Rather, it urges the Kentucky Supreme Court to apply the current statute as it was originally drafted and applied in reference to non-offending third parties.
ARITF statement
The scope of the ARITF does not connect directly with legal matters, and so it had no knowledge of the brief nor gave input, the group said.
Its goal of “bringing meaningful and permanent abuse reform” to the SBC is “resolute,” the statement read. Those reforms include the upcoming launch of the Ministry Check website and making sure sexual predators “do not have access to the vulnerable within our churches or entities.”
The ARITF’S statement ended with a section of the 2019 SBC resolution, “On the Evil of Sexual Abuse,” which stated in part: “That we ask civil authorities, in the implementation of due process for the accused, to review laws, in consultation with social workers and trauma counselors, to ensure that privacy laws do not prevent the pursuit of justice on behalf of the abused, and that statutes of limitations (criminal and civil) do not unduly protect perpetrators of sexual abuse and individuals who enabled them.”
“Advocating for survivors is central to the ARITF’s mandate,” Josh Wester, ARITF chair, told Baptist Press. “We believe that Southern Baptists intentionally spoke to issues surrounding statutes of limitation in the 2019 resolution because they are critical factors in the pursuit of justice for abuse victims and deserve further legal and ethical consideration.
“The ARITF will continue to vigorously pursue reform measures to help the SBC better care for survivors and safeguard against abuse.”
Called Executive Committee meeting Nov. 16
The amicus brief and resulting criticism became part of a previously scheduled EC officers meeting Thursday, with additional meetings taking place this morning, EC Chairman Philip Robertson informed trustees in an email today.
“Obviously, this is a complex issue resulting in various opinions within our SBC family and even our EC trustee family,” said Robertson, who added that the meetings included “hours of hearing from our legal counsel.”
A Zoom call with trustees and legal counsel will take place Nov. 16 at 2 p.m. Central, he said.
“The Executive Committee remains committed to engaging with survivors and working toward eradicating sexual abuse from Southern Baptist churches, institutions, and entities, and we remain committed to bringing about meaningful abuse reform across the SBC,” Robertson said.
Today’s statement reiterated that goal in addition to responsibilities to the Executive Committee.
“The SBC Executive Committee must continue to defend itself, and its interests, within the judicial system as appropriate. These goals (eradicating sexual abuse and legally defending itself) are not mutually exclusive,” it read.
Disagreements are bound to happen among Southern Baptists, it added, but “tension and disagreement on one matter are not reasons to abandon the broader effort to eradicate sexual abuse from all Southern Baptist churches.”
(EDITOR’S NOTE – Scott Barkley is national correspondent for Baptist Press.)
