BOSTON (AP) - A judge ruled that a church financial panel had no authority to reject a settlement worth up to $30 million between the Boston Archdiocese and 86 plaintiffs in a sexual abuse lawsuit.
A 19th century state law allowing incorporation of the Archdiocese of Boston vests power in the archbishop — in this case, Cardinal Bernard Law — and not the archdiocese's Finance Council, Justice Constance M. Sweeney ruled Friday.
"Under the statute, it does not make any difference, as a secular or a contract law matter, what the finance council thinks," she said.
The settlement unraveled in May when the council went against Law's wishes and canceled it, saying it would leave too little money for other claims. It was the first time the council had rejected one of Law's requests.
Law said at the time that he wanted the settlement funded. "I was committed to that settlement," he told lawyers during a deposition.
The Finance Council is made up of lay business people who must review any archdiocese expenditure of more than $1 million.
Sweeney will rule whether the broken settlement is legally enforceable at a July 31 hearing. Her remarks Friday narrowed the scope of that hearing by precluding the archdiocese from arguing that its internal rules trump those of secular courts or civil corporations because of the First Amendment.
"It shows the judge's intention to stay away from constitutional issues involving the separation of church and state," said Mitchell Garabedian, attorney for the plaintiffs.
Archdiocese lawyers say they plan to argue that the agreement still isn't enforceable because it wasn't signed by all the defendants. All 86 plaintiffs signed the agreement.
Archdiocese representatives declined to comment Saturday on the ruling.