Battle in Missouri

By Patrick Noaker


Arguing a case in the Missouri Court of Appeals today reminds me that the battle for child protection will be a long one. In Missouri, the case of Gibson v. Brewer insolates churches and other religious institutions from liability for their negligent acts and omissions. At the time that Gibson was decided, it may have seemed a good idea to give religious institutions a free pass. As we now know, church leaders can do some pretty horrible things - like place pedophiles in schools and parishes where they feed on the never ending supply of innocent children. Our team in St. Louis, Missouri (Ken Chackes, Susan Carlson, and Patrick Noaker – see photograph), along with nationally recognized Constitutional law professor Marci Hamilton, have challenged the Gibson decision since 2003. It has been a process of baby steps. One courageous survivor stood up and we won a small victory in Federal court. Another courageous survivor and another small victory. And so on. Today, we had the opportunity to challenge Gibson directly and ask the Missouri Court of Appeals to strike down Gibson based on all of those small victories over the last seven years. We are here only because so many clients before were willing to take a chance, make a sacrifice and win the small victories. Stay tuned for the result of our arguments. The second photograph is of Prof. Marci Hamilton at the podium in the Missouri Court of Appeals. I think that she looks pretty confident.