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Louisiana high court vacates own ruling on ‘look back law’ for abuse claims, says it’s constitutional – OSV News

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Louisiana high court vacates own ruling on ‘look back law’ for abuse claims, says it’s constitutional – OSV News


NEW ORLEANS (OSV News) — In a 5-2 ruling June 12, the Louisiana Supreme Court reversed its earlier decision to scrap a “look back law” for abuse survivors and declared it to be constitutional.

The move could have a profound impact on several Catholic dioceses in the state that are already grappling with significant legal settlements and ongoing investigations.

On May 10, the Louisiana Supreme Court granted a rehearing on a March ruling that had overturned a “look back law” passed in 2021 and amended in 2022, which gave victims of child sexual abuse until June 14 of this year to file civil claims regardless of when the alleged abuse occurred. The Louisiana Legislature June 3 approved a Senate bill to extend the period another three years, until June 14, 2027.

The court’s 4-3 March ruling had found that law was at odds with the state constitution’s due process, prompting dismay from abuse survivors and advocates, and a filing for a rehearing from state attorney general Liz Murrill.

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The high court ruled that its original decree declaring the revival provision of the “look back law” to be unconstitutional “is vacated.”

“Given Louisiana’s legitimate interest in protecting its citizens who were sexually abused as minors and in providing them with the ability to seek redress in the courts, and the narrowly tailored nature of the relief provided … it is clear that defendants have failed to satisfy the ‘heavy burden’ of proving the unconstitutionality of the revival provision,” said Chief Justice John Weimer writing for the majority.

The ruling noted the legislation revived, “for a short period of time … a narrow category of tort victims.” The revival provision at issue “has been demonstrated to have a substantial relationship to public safety, morals and welfare,” Weimer wrote.

“The resolution here will not ‘open the floodgates’ of unrestrained legislative action, as every legislative action must comport with due process,” he continued. “This case is strictly limited to its facts, examining whether a singular legislative act, addressing a particular systemic societal problem, hidden from the public, and impacting children and touching on the public safety, morals and welfare, comports with due process.

“Each case must be tested on its own unique circumstances. In virtually every case this court is called on to resolve, each party predicts catastrophe and dire consequences should the opposing party prevail.”

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The case argued before the court that resulted in this ruling was against the Diocese of Lafayette, Louisiana, and St. Martin de Tours Catholic Church in St. Martinville, Louisiana. The plaintiffs — Douglas Bienvenu and several other complainants — filed suit in 2018 alleging they were sexually abused between 1971 and 1979 by Father Kenneth Morvant while they were altar servers at the parish. According to the plaintiffs, Father Morvant had plied the boys — who then ranged in age from 8 to 14 — with alcohol and gifts during “sleepovers” at the rectory before molesting them.

Father Morvant died in 2003 at age 72, having served at several Diocese of Lafayette parishes over some four decades. He is buried on the grounds of St. Martin de Tours.



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Louisiana

Louisiana’s disappearing coast could shape Baton Rouge’s future

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Louisiana’s disappearing coast could shape Baton Rouge’s future


BATON ROUGE, La. (WAFB) – South Louisiana’s coast has long served as a natural buffer between communities and rising water.

But since the 1930s, Louisiana has lost nearly 2,000 square miles of coastal land.

Dr. Torbjorn Tornqvist, a professor at Tulane University, said Louisiana is one of the most vulnerable coastal areas in the world because of climate change, sea level rise and subsidence.

“Louisiana is arguably one of the most vulnerable… perhaps the most vulnerable coastal zones in the world when it comes to climate change and sea level rise… and there are several reasons for that but one important reason is that we have high subsidence rates, and that means sea level rise here is a lot faster than the average around the world,” Tornqvist said.

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Tornqvist is the lead author of a recently published study examining the long-term impacts of sea level rise across south Louisiana.

He said the issue is no longer limited to communities closest to the Gulf Coast.

“People are leaving the coast of Louisiana, but it’s going to accelerate over the course of the century. And those people are going to have to go somewhere, and it’s likely that a significant number are going to look at a place like Baton Rouge to move to,” Tornqvist said.

Since Hurricane Katrina, Louisiana has invested billions of dollars in large-scale restoration projects designed to reduce flood risk and strengthen the coast.

Some researchers believe those projects are important but not permanent fixes.

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“We have…right now we have a pretty high-quality flood protection system that’s obviously way better than it was during Katrina and we should certainly keep investing in upkeep, but we also have to recognize that’s only going to take us so far,” Tornqvist said.

State officials say those investments remain critical as Louisiana adapts to future flood risks.

Micheal Hare, executive director of the Coastal Protection and Restoration Authority, said the state’s coastal plan is designed to balance restoration work with protection projects, including levees.

“Our 2023 master plan certainly incorporates the best science available to us to then come up with a balanced approach between how do we effectively spend money on restoration as well as money on protection projects like levees,” Hare said.

Hare said those projects will continue to evolve as future risks change. CPRA and the Army Corps of Engineers are re-evaluating portions of the West Bank and Vicinity levee system in New Orleans to meet projected future flood risks within the next half-decade.

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“Morganza to the Gulf is a great example, location communities came together, they started funding it…so that protection is critical…It will constantly be maintained and constantly elevated to meet the new levels of threats and risks that are out there,” Hare said.

Coastal officials and researchers agree that what happens along Louisiana’s coast will continue to affect communities far beyond the shoreline for generations.

“And so maybe you don’t live behind the levee, but I promise you want those coastal communities to stay there and to keep working, and to stay productive and engaged…so that we don’t have to have these flood fights further north or lose parts of our economy,” Hare said.

Tornqvist said the decisions made now could shape the future of Louisiana communities.

“What’s really important to recognize is that the next few decades are basically going to decide the long-term future of cities like Baton Rouge,” Tornqvist said.

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Louisiana has always lived with water. As the coast changes and sea levels rise, the challenge is how communities across south Louisiana continue adapting for generations to come.

From the Gulf Coast to Baton Rouge, the future of Louisiana’s coastline is a conversation that impacts the entire state.

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Louisiana is the eighth most affordable state to retire, study says

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Louisiana is the eighth most affordable state to retire, study says




Louisiana ranks among the top 10 most affordable states to retire, according to a new study from Retirement Living, a national journal of retirement research.

Researchers analyzed each state’s housing costs, living expenses and tax friendliness to compile the ranking. Louisiana, they say, is the eighth most affordable state for retirees.

In Louisiana, the median monthly rent for a one-bedroom apartment is $932, the median home sale price is $255,000, monthly grocery spend per capita is $272, the average price per gallon of regular gas is $4, the average Medicare Advantage monthly premium is $13.35 and the average effective property tax rate is 0.55%.

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West Virginia is the most affordable state to retire, followed by Mississippi, Alabama, Oklahoma, Arkansas, Kentucky, Missouri, Louisiana, Indiana and Kansas. Researchers describe the South as “the sweet spot for an affordable retirement.”

The most expensive state to retire, meanwhile, is California, followed by Hawaii, Washington, Oregon, Colorado, New Jersey, Massachusetts, Utah, New York and Minnesota.

Read Retirement Living’s full report here.





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Louisiana agencies urge hurricane preparation ahead of season start

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Louisiana agencies urge hurricane preparation ahead of season start


BATON ROUGE, La. (WAFB) – With hurricane season approaching, the Louisiana Coastal Protection and Restoration Authority is bringing the community together to prepare before a storm forms.

“We can’t stop disasters from happening. We can’t stop hurricanes from happening. But what we can do is equip our communities with the resources that they need to prepare for these storms ahead of time,” said Jayda Morris, CPRA outreach manager.

The agency hosted an event featuring interactive storm simulations and a full model of the Mississippi River.

“If you do it now, like on a sunny day like today, you’re ready to go for the rest of the season,” Jay Grymes said.

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El Niño may reduce storms, but Louisiana still at risk

State Climatologist Jay Grymes said an El Niño pattern may reduce the number of storms in the Atlantic but warned against a false sense of security.

“In those 25 years, Louisiana, some part of the state has been impacted by 29 storms. That’s one a year, regardless of El Niño. So that should tell you something,” Grymes said.

He said the bigger concern is storms that can form in the Gulf with little warning.

“If we’re going to get a storm, it very possibly could be one that bubbles up in the Gulf and doesn’t give us five or seven days to track it coming our way. It gives us 40 hours to get ready for a landfall. So it’s imperative that you go ahead and do it now,” Grymes said.

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Preparation goes beyond stocking water

Preparing now includes walking through yards, checking trees, and knowing whether everyone in the family can survive two weeks without power.

PhD students with the LSU College of the Coast and Environment gave the community a virtual reality experience that puts users inside a storm.

“If they wear the goggles or play with the Apple Vision Pro, they can understand how high will the flood be, and they can know how dangerous is the hurricane scenario,” said Yixuan Wang.

The VR simulation uses real historical data to show users what compound flooding looks like in New Orleans and surrounding areas. The goal is to make the science real for people who can’t picture what a flood map means.

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“It’s just to let you understand the environment. We will add the audios, the different sound of the wind and the storm. And you can see how tense of the rainfall around you,” Wang said.

Organizers said the event is about making sure that when a storm threatens the area, families already know their plan.

Information from the event is available on CPRA’s website. Hurricane season runs through Nov. 30.

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