10.2190/BNVU-XQGL-BXHB-CRFF BNVUXQGLBXHBCRFF 45 WHEN SHEPHERDS RAVAGE THE SHEEP: THE LIABILITY OF RELIGIOUS ORGANIZATIONS FOR SEXUAL MISCONDUCT BY CLERGY 45 66 20061024 20061024 20061024 20061024 BNVUXQGLBXHBCRFF.pdf http://baywood.metapress.com/link.asp?target=contribution&id=BNVUXQGLBXHBCRFF 1 CHRISTINE W. LEWIS SARA B. KISER Auburn University at Montgomery, Alabama Judson College, Alabama There is a growing trend in the United States of parishioners suing their churches for sexual misconduct by clergy. The courts will not recognize a lawsuit based on clerical malpractice for fear of violating the First Amendment. However, because of the scope of the problem, courts are instead finding for plaintiffs on the basis of a variety of torts, such as breach of fiduciary duty, negligent hiring, negligent retention and supervision, and intentional infliction of emotional distress. This article explores the breadth of the problem, the actions that have been brought, the application of the First Amendment, and solutions for churches.