In a highly anticipated hearing at the Penobscot Judicial Center in Bangor, the Roman Catholic Diocese of Portland presented its case against Maine's elimination of time limits on child sex abuse lawsuits, arguing that the statute's waiver is unconstitutional and creates new liabilities. The diocese's lawyer claimed that the law, which allows survivors of childhood sexual abuse to file civil claims regardless of the expiration of the statute of limitations, has the potential to impose significant financial burdens on the diocese, citing the bankruptcies of other dioceses that have faced costly lawsuits related to clergy abuse scandals.

On the other side, attorney Michael Bigos, representing around 100 plaintiffs, countered that the law represents the will of the people and seeks to hold accountable those who enabled child sex abuse. He firmly stated that there has never been a right to enable such abuse and accused the diocese of seeking to evade responsibility for past misconduct. He argued that survivors of abuse deserve the opportunity to seek justice and that the diocese's attempt to create a vested right in getting away with abuse is unfounded.

The Supreme Judicial Court justices listened attentively to the arguments, aware of the significant consequences their decision will have. They acknowledged the complex and technical nature of the case, with Justice Andrew Mead even drawing a vivid analogy of a dormant cause of action awaiting revival through a change in the law, likening it to something out of a horror movie or a mad scientist's laboratory. This humorous remark briefly lightened the atmosphere in the packed courtroom.

The issue at hand arises from changes made in 2021 that allowed previously expired civil claims to be brought forward, providing an avenue for dozens of abuse survivors to seek justice. The diocese contends that survivors had ample time to sue within the previous limitations and that it is unconstitutional to open the door to new litigation. They warned that the potential requests for damages could reach "tens of millions of dollars," further straining the diocese's ability to serve the Catholic community.

Law firm Berman & Simmons, representing approximately 100 survivors, many of whom have already filed lawsuits, emphasized that the elimination of the statute of limitations has enabled survivors to come forward and seek justice. They argued that this change is long overdue and should apply retroactively to allow survivors who were previously barred from legal recourse to have their stories heard and seek compensation.

The constitutional implications of the law were also discussed. The diocese's attorney, Gerald Petruccelli, cited a 1981 decision that concluded the legislature lacks the constitutional authority to pass legislation that impairs vested rights or imposes liabilities resulting from conduct predating the legislation. However, in February, Justice Thomas McKeon ruled that vested rights typically pertain to property rights, not statutes of limitations, and that the law can apply to both individuals and institutions. McKeon acknowledged the diocese's constitutional concerns but stated that it was a "close case."

While a state judge previously upheld the elimination of the statute of limitations, the decision was put on hold to allow for an appeal. The Diocese of Portland has maintained that its opposition to the law does not diminish the seriousness of past sexual abuse by church representatives. It emphasized its commitment to thoroughly investigating all reports of abuse and providing extensive support services to survivors who come forward. However, the diocese expressed concern that the law, if upheld, will significantly impact its ability to serve the Catholic community.

The Supreme Judicial Court's ultimate decision will not only have implications for the Diocese of Portland but also for abuse survivors across the state. It will determine whether their claims for justice and accountability can move forward or whether they will face further obstacles in their pursuit of closure and healing.