NASHVILLE (BP) — An amicus brief filed with the Kentucky Supreme Court caused a swarm of controversy within the Southern Baptist Convention when it was reported Wednesday (Oct. 25) by the Louisville Courier-Journal.
The brief was filed in April and addresses the case of Samantha Killary. Sean Jackman, her adoptive father and a member of the Louisville Metro Police Department, was convicted in 2020 of molesting his daughter over a period of years.
Also named as defendants in an ongoing suit are Rick Jackman, Sean Jackman’s father, and Linda Thompson, Sean Jackman’s former lieutenant, who Killary said not only knew about the abuse, but participated. Rick Jackman is also a former member of the LMPD. The Louisville/Jefferson County Metropolitan Government is an additional appellant in the suit.
Those signing on to the amicus brief are Lifeway Christian Resources, the Southern Baptist Convention, the Executive Committee of the SBC (EC) and Southern Baptist Theological Seminary.
Those organizations “have a strong interest in the statute-of-limitations issue presented in this appeal,” the brief said, due to their being named in a “separate civil action pending in a Kentucky circuit court that involves allegations of childhood sexual abuse dating back to 2003.”
A 2021 amendment to Kentucky law by the General Assembly extended the statute of limitations for filing tort claims against “non perpetrator third parties.”
“The 2021 Amendments, however, do not contain any language suggesting that this revision was intended to apply retroactively at all, let alone to revive claims after the previously applicable limitations period has expired,” the brief said.
The 10-page brief also claims that “reviving expired claims against non-perpetrator third parties would violate Kentucky Supreme Court precedent.”
“Kentucky law cannot … statutorily assure a non perpetrator defendant that it will not be subject to liability after a certain date, yet then revive extinguished tort claims after the defendant had lost the incentive to preserve evidence to defend against those stale claims,” it says.
A response from the SBC Executive Committee is expected on Friday (Oct. 27), Baptist Press has learned.
Southern Seminary President Albert Mohler issued the following:
“As is often the case in questions of law, significant constitutional and legal questions arise and require arguments to be made before the courts,” he said. “In such cases we must refer all questions to legal counsel. We respect the rule of law and must work through the process with legal representation, who must speak for us in this case.”
Lifeway did not send a statement on Thursday.
Online criticism was swift when news of the amicus brief broke from the Louisville paper. A joint statement from SBC sexual abuse survivors called the filing a “drastic stance” and further characterized it as “to absolutely stab survivors in the back.”
A statement from “Leaders, Advisors and Advocates in the Southern Baptist Convention” said the amicus brief as made “without our knowledge and without our approval” and “[does] not represent our values and position.”
Many social media posts from Southern Baptists, including several from Executive Committee members, condemned the amicus brief and complained of such a step being taken without trustees’ input.
(EDITOR’S NOTE – Scott Barkley is national correspondent for Baptist Press.)
