Many states have passed laws that let adult survivors bring childhood sexual abuse claims that had expired. Those laws have been challenged in court, often by the institutions being sued. Since 2023, the highest courts in Colorado, Louisiana and Maryland have reached different results. Here is what each court decided, based on the opinions themselves.
What a revival law does
A statute of limitations is a deadline to file a lawsuit. For many years, these deadlines ran out before many survivors of childhood sexual abuse were ready to come forward. Revival laws reopen the door for some of those older claims, either for a set window of time or with no time limit.
Defendants, including churches, schools and youth organizations, have argued that reviving an expired claim is unfair or unconstitutional. The answer depends on each state's constitution and on how its courts read it. That is why results differ.
Colorado: revival struck down for claims that had expired
In 2021, Colorado passed the Child Sexual Abuse Accountability Act. It created a new claim against abusers and against organizations that ran youth programs and knew or should have known of the risk. It gave survivors a three-year window to sue over abuse from 1960 on.
On June 20, 2023, the Colorado Supreme Court unanimously ruled in Aurora Public Schools v. A.S. It held that the law was unconstitutionally retrospective under the Colorado Constitution when applied to claims that had already expired before the law took effect. The court did not strike down the law in its entirety.
Louisiana: a reversal on rehearing
Louisiana passed laws in 2021 and 2022 that opened a window for expired claims. The window ran until June 14, 2024.
In March 2024, the Louisiana Supreme Court first ruled the revival provisions unconstitutional in Bienvenu v. Defendant 1. The court then granted rehearing. On June 12, 2024, it vacated that earlier ruling and upheld the revival provisions. Two justices dissented. The rehearing opinion, not the first one, is the court's final word in that case.
Maryland: a 4–3 ruling upholding the law
Maryland's Child Victims Act of 2023 took effect on October 1, 2023. It lets survivors file civil claims over childhood sexual abuse at any time. Defendants argued that an earlier 2017 law had given them a protected right to be free of old claims.
On February 3, 2025, the Supreme Court of Maryland rejected that argument in a 4–3 decision in Roman Catholic Archbishop of Washington v. Doe, decided together with cases involving a county school board and a private school. The majority held that the 2017 provision was an ordinary statute of limitations, not a statute of repose, so it did not create a vested right. Three justices dissented. Maryland later changed its damages caps and fee rules for some cases filed on or after June 1, 2025.
What the differences mean
These rulings show that a revival law's text is only part of the story. How a state's courts read its constitution can decide whether older claims go forward. A few takeaways:
- A revival law in one state says nothing about another state's rules
- Some courts separate claims that had already expired from claims that were still open when the law passed
- Rulings can change, including on rehearing, so the latest decision matters
- Claims against public entities may carry extra rules, such as notice requirements and damages caps
Our page on institutional abuse explains how organizations may share responsibility. You can also read our overview of sexual assault and abuse claims.
If you are an adult survivor of childhood abuse, whether you can bring a claim depends on the state, when the abuse happened, who the defendant is, and how that state's courts have treated revival laws. Deadlines vary by state and continue to change. A lawyer can review the specifics of your situation and explain the rules that apply.
This article is general information about how these cases work. It is not legal advice, it does not create an attorney-client relationship, and no two claims are alike. If something here sounds like your situation, the useful next step is a conversation about the facts.
