Skip to content
In a split 4-3 decision, the Maryland Supreme Court ruled last week that the Child Victims Act of 2023 is constitutional, allowing survivors of child sexual abuse to file lawsuits without time restrictions. The law, signed by Gov. Wes Moore in 2023, removed a previous 20-year statute of limitations, enabling claims against private institutions such as the Archdiocese of Baltimore and state and local government agencies, Bryan P. Sears of Maryland Matters reported.
The case before the court centered on whether the 2023 law unlawfully stripped a “vested right” from defendants by eliminating the statute of limitations. The Roman Catholic Archdiocese of Washington, The Key School, and the Board of Education of Harford County challenged the law, arguing that a 2017 statute had established a time restriction that could not be retroactively revoked. However, Chief Justice Matthew Fader, writing for the majority, rejected that argument. “We hold that the relevant provision of the 2017 law created a statute of limitations and that the running of a statute of limitations does not establish a vested right to be free from liability,” he stated. “We further hold that it was within the power of the General Assembly to retroactively abrogate that statute of limitations.”
Justice Jonathan Biran dissented, arguing that the legislature exceeded its authority by reviving claims that had already expired. “Any claims against non-perpetrator defendants that were untimely on the effective date of the 2017 Act, or that became untimely before the effective date of the 2023 Act, could not be revived without violating the vested rights of the affected defendants,” he wrote.
Attorney General Anthony Brown praised the ruling, stating, “Today’s decision by the Supreme Court of Maryland confirms that the passage of time will not prevent survivors from seeking justice for sexual abuse they suffered as children.”
The ruling comes as Maryland prepares for a potential surge of litigation, with an estimated 3,500 cases expected to be filed, some stemming from incidents dating as far back as the 1960s.
A legislative analyst recently cautioned lawmakers about the significant financial burden the state may face as a result of the 2023 Child Victims Act. The law removes limitations on lawsuits against private entities, including the Archdiocese of Baltimore, and state and local governments. It also establishes a liability cap of $890,000 per occurrence for public institutions, while increasing the cap on non-economic damages—such as pain and suffering—for private institutions to $1.5 million. Additionally, the law removes limits on economic damages, allowing survivors to seek full compensation for expenses such as therapy and medical treatment.
The first wave of cases under the new law is expected to cost the state at least $3.1 billion, according to estimates. While Attorney General Anthony Brown’s office has not publicly commented on the pending litigation or settlement discussions, the projected financial impact is raising concerns.
Such a payout would be difficult to absorb under ordinary circumstances, but Maryland is already grappling with a $3 billion budget deficit projected for fiscal year 2026. Longer-term forecasts suggest the deficit could double by 2030, further complicating the state’s ability to fund potential settlements. Gov. Wes Moore (D) has stated that his current budget proposal addresses the fiscal 2026 shortfall but does not include contingency plans for the billions in potential payouts to survivors who suffered abuse while in state custody.
