Is Yaakov Horowitz Selling Out on Markey?

And am I selling out if I don't think he is?

For those joining us late

Since Kolko: I've been all over Agudah for doing a terrible job on pedophilia. In particular I've attacked Avi Shafran for refusing to face the music, and running interference at every opportunity. I've also criticized Agudah for working with the Catholic Church to undermine a NY State law which would require parochial schools to report abusive teachers. [More]

Since Kolko: I've come to know and respect Rabbi Yaakov Horowitz, an Agudah insider with a golden reputation and a silver-tipped pen. I've known RYH for three years, and the man is honest, reliable, and doesn't play any of the stupid Agudah games.

Yesterday: We learn from VIN that Rabbi Horowitz is opposing the Markey Bill

INTERPOLATION The Markey Bill "would suspend the seven-year statute of limitations on child sex abuse cases for a year. That means those who allege abuse could file civil lawsuits no matter how long ago the abuse took place. The bill would open the door to lawsuits against all kinds of clergy, coaches, teachers, doctors, Scout leaders, baby-sitters, therapists, camp counselors and members of victims' own families." (Newsday) END INTERPOLATION

Yesterday: Shmarya rips RYH, calls him a sell-out and accuses him of putting Jewish schools ahead of children.

Yesterday: Harry rips Shmarya, accuse him of chuzpah and worse

ASIDE Yay! Ugliness! END ASIDE

Last night: I receive an email: "Nu? You aren't going after [RHY] for his despicable position on the molestation law?" Similar emails follow.

So... I listen to what RHY has to say, and give it a good think. Here's my slide: Marky is a good-but-not-great law.

Negatives: (1) It will hurt yeshivas, but any yeshiva that protected someone like Kolko deserves the pain. RHY worries that the expense of litigation will cause suffering Yeshivot to pass some pain on to their employees, in the form of late(r) paychecks. That's true, but to me, irrelevant. Paying employees late is both despicable and forbidden by Torah law. Telling us that our support of Markey will force Yeshivot to violate halacha and hurt their employees is a form of blackmail, and one that should be ignored.

(2) It will destroy yeshivot. Some reputable institutions will go bankrupt fighting lawsuits; others will avoid the expense and embaressment by simply disapearing into the night. This is a lamentable consequence of Markey, but one I am willing to accept.

(3) It excludes public schools. This is a flaw in the bill, certainly, but not a reason for opposing it. If the only problem with Marky is that it is too narrow, why not pass it, and then go to work on a separate public school bill?

Positives: (1) Markey makes it easier to punish pedophiles.

(2) Markey makes it easier to punish schools and administrator who protected pedophiles

(3) Markey makes it easier to stop pedophiles. Vengance is great (see 1 & 2 above) but a more important concern is this: Pedophiles often go on abusing children for decades. Extending the statute of limitations makes it easier for a former victim to save a current victim.

(4) Markey makes it easier for us to find out the truth about pedophilia in yeshivot. Some say its a widescale problem; others insist it happens very infrequently. I don't know who's right, but we should find out. Markey will help.

Final thoughts: Support Markey

Is Rabbi Yaakov Horowitz a sell out: No. His position here raises eyebrows, but his record speaks for itself and he deserves the benefit of the doubt. He's promised to put forward his reasoning in a Jewish Press column (which will appear here.) Until I see the anti-Markey argument he publishes, I'm content to believe that RYH 's position is principled, but incorrect.