The Catholic Archdiocese of Baltimore and survivors of child sexual abuse at the hands of its staff are at an impasse in the church’s bankruptcy proceedings as the organization attempts to invoke charitable immunity to avoid paying some victims.

The church says it is not responsible for paying more than 1,000 victims because of a legal doctrine that claims it is unfair for charitable organizations to pay for lawsuits with donations.

The doctrine has been abolished in many states.

Survivors say the tactic is another ploy by the Catholic Church to void responsibility for the abuse caused by clergy and staff.

“Delay, delay, delay is their tactic. I tell my clients we have to hang in there. Personally, I think they hope we all die off. I've been fighting this since the 1990s,” said Theresa Lancaster, an abuse survivor and lawyer.

At last count, at the end of 2024, about 1,000 people filed for compensation from the Baltimore Archdiocese for sexual abuse.

The church filed for bankruptcy days before the Child Victims Act of 2023 went into effect, limiting the ability of survivors to sue the Archdiocese for up to $1.5 million each.

Instead, victims had a limited timeframe to make claims for compensation through bankruptcy court. The parties are now in mediation to hammer out how much money the church has to dole out and how much survivors should receive.

The church was relying, at least in part, on insurance to pay for the claims. However, the insurance companies have been reluctant to pay out, Lancaster said.

“The insurers were stating the church knew these abusers were out there,” Lancaster said. “They knew what they were doing, and they were compliant. So, they shouldn't have to pay, because the church should have stopped them.”

Lancaster says she believes the committee overseeing bankruptcy negotiations has convinced the insurance companies to pay.

However, if they don’t or only agree to a small sum, the charitable immunity provision could come into play.

“Basically, you got the church saying, if insurance doesn't cover it, we're not paying,” Lancaster said.

The Archdiocese says it is surprised by the response.

“By filing Chapter 11, the Archdiocese is seeking to provide the most orderly process in which victim survivors can be compensated, including from its insurance policies, while maintaining the mission and ministry of the Church,” Archdiocese spokesman Christian Kendzierski said. “The Archdiocese remains committed to providing equitable compensation to victim survivors and ensuring the continued mission and ministry of parishes and schools to the communities they serve and will continue to proceed while honoring its dual goals.”

Survivors are arguing the Child Victims Act of 2023 abolished charitable immunity because it calls on religious institutions to be responsible for past abuse.

The bankruptcy court will hold a hearing on May 1 to affirm the amount survivors can receive through the Child Victims Act after recent changes to the law.