Guam Legislature Overrides Veto of Bill Authorizing Government-Funded Religious Charter Schools

On July 24, the Guam legislature by a vote of 13-0 overrode Governor Lourdes Leon Guerrero's July 12 veto of Bill No.62-37.  (Full text of veto message). The bill allows both private religious schools and private non-sectarian schools to petition to convert to government-funded Academy Charter Schools. The legislation authorizes up to 7 charter schools to operate at any one time. (Full text of bill and veto override vote). The legislature's introductory language in the bill reads in part:

I Liheslaturan Guåhan intends to remove any discrimination or distinction between private sectarian or non-sectarian applicants for converting existing schools or for new charter schools. I Liheslaturan Guåhan recognizes the enormous contribution and history of private sectarian education on Guam and intends for all applicants to be considered on their records and applications to convert to an Academy Charter School.

According to the Guam Daily Post:

Gov. Lou Leon Guerrero in a veto message this month said that Bill 62 violated the First Amendment and the doctrine of separation of church and state, as well as the Organic Act of Guam. She stated she couldn’t authorize the spending of taxpayer money on a religious school, which would then be regulated by the government.

But Attorney General Doug Moylan differed in a legal opinion issued to lawmakers. Several faith-based organizations receive money from the government of Guam already, he noted.

Federal Court Clears Way For Telemedicine Medication Abortions On Guam

In Raidoo v. Camacho, (D GU, Sept. 3, 2021), a Guam federal district court issued a preliminary injunction that permits Guam-licensed physicians who reside in Hawaii to remotely supply medication abortions to women on Guam through teleconference consultations with the medication delivered by mail.  According to the court:

In 2018, the last abortion physician on Guam retired, and no local doctor has stepped in to fill the vacancy....  While Plaintiffs claim there are physicians on Guam willing to provide pre- and post-abortion care, none are willing to provide abortion services directly, as “[a]nti-abortion stigma discourages even supportive local doctors from incorporating abortion services into their practice.”

The legal impediment to the proposed procedure are provisions in the Guam Public Health Code §3218.1 that require certain information to be given to the woman "in person" and "individually and in a private room." The court said in part:

Here, Defendants fail to rebut Plaintiffs’ argument that the in-person requirement serves no benefit to a legitimate state interest.... Defendants failed to offer any evidence that supports their position that in-person communication is superior to live, face-to-face video conference.

KUAM News reports on the decision. The Archbishop of Agaña, head of the Catholic Church in Guam, reacted to the decision.

Guam Archdiocese Plans Chapter XI Filing

Guam's Archdiocese of Agana announced yesterday that it plans to file for bankruptcy reorganization within the next 90 days. The Archdiocese said that this is the most expeditious way to handle sexual abuse claims. Guam Daily Post, reporting on the Archdiocese's announcement, says that more than 180 sexual abuse claims against the Archdiocese are pending.

Priest Sex Abuse Suit Filed Against Guam Archdiocese

On Monday, a 49-year old man filed suit in a Guam federal district court against the Catholic Archdiocese of Agana seeking $5 million in damages for sexual abuse he suffered in a Guam church in 1982 when he was an altar boy.  The offending priest, Fr. John Niland, died in 2009.  The complaint (full text) in Charfauros v. Roman Catholic Archbishop of Agana, (D GU, filed 5/22/2017), alleges in part:

12. ... [D]isguising the scheme to have sexual access to young boys was the ritual of requiring altar boys to spend the night at the church rectory, ostensibly to facilitate preparation for the following morning church services.... These seemingly routine practices ... served the predatory priests with a steady supply of victims under the auspices and pretense of formal church protocol, which allowed the Church to continually operate a veritable harem of young boys who were readily available to pedophiles who utilized the stature of the church into deceiving the community to regard them as high-level officials.

13. The systematic and ongoing pattern of sexual abuse of young children was characteristic of an internal society within ... [the] Archdiocese ... whose norms were based on pedophilic conduct disguised by the rituals and pageantry of liturgical services ... which caused Catholic parishioners.to place the highest level of confidence and trust in the church and its clergy. This internal society of sexual corruption sustained itself through a conspiratorial arrangement between priests and higher officials in the Agana Archdiocese whereby they all understood and agreed to remain quiet about each others sexual abuse misconduct....

Pacific News Center reports on the lawsuit. As reported by Crux, last year Pope Francis in effect replaced Agana Archbishop Anthony Apuron after allegations that the Archbishop sexually abused altar boys in the 1960's and 1970's.

Sex Abuse Suit Filed Against Guam Archdiocese

As previously reported, in September Guam retroactively eliminated its statute of limitations for civil suits alleging child sexual abuse. In the wake of this, according to AP, a civil lawsuit has now been filed by four former altar boys alleging that decades ago they were molested-- three in the 1970's by Archbishop Anthony Apuron and one in the 1950's by Father Louis Brouillard. The suit names the Archdiocese as well as Apuron and Brouillard as defendants.  Archbishop Apuron, who was relieved of his duties by  the Vatican in June when charges first surfaced, was replaced Monday by Bishop Michael Jude Byrnes, the auxiliary bishop of Detroit, who has been named coadjutor bishop of the Guam archdiocese.

New Guam Law Lifting Abuse Limitation Period Will Likely Force Archdiocese Into Bankruptcy

AP reports that Guam Governor Eddie Calvo on Friday signed Substitute Bill No. 326-33 (full text) which retroactively eliminates the statute of limitations for civil suits alleging child sexual abuse. Passage came after abuse allegations were leveled against Guam's Catholic Archbishop Anthony Apuron.  A letter (full text) from the Apostolic Administrator of the Archdiocese of Agana read at mass on Sept. 18 says that he is urging the Vatican to remove Apuron and appoint a successor.  He apologizes to victims, but says that retroactive lifting of the statute of limitations will likely force the Archdiocese to file for bankruptcy.

Guam's Same-Sex Marriage Ban Struck Down

Pacific Daily News reports that in a ruling from the bench, Guam's chief federal judge this morning struck down the island's ban on same-sex marriage.  A written opinion is expected on Monday. Guam, a U.S. territory, is part of the 9th Circuit which has already held same-sex marriage bans unconstitutional. (See prior posting.) Guam is the last jurisdiction in the 9th Circuit to have its ban invalidated.

UPDATE: The full opinion in Aguero v. Calvo, (D Guam, June 8, 2015) is now available.

Suit Challenges Guam's Ban On Same-Sex Marriage

Yesterday a suit was filed in federal district court in Guam challenging the constitutionality of Guam's ban on same-sex marriage.  The complaint (full text) in Aquero v. Calvo, (D Guam, filed 4/13/2015) was brought by a lesbian couple who wish to marry on Guam where they live.  The complaint points out the distance plaintiffs would need to travel to go to a state where they could now legally marry. The 9th Circuit Court of Appeals that includes Guam has already held other states' same-sex marriage bans unconstitutional. (See prior posting,) Pacific News Center reports on the lawsuit.