The Orthodox and the Catholics are the only priests who have the power to absolve from sin. Therefore,they are the only Churches that have the Sacrament of Penance.
Government can and will impose people violate its faith, Obama proved that this week.The Orthodox and the Catholics are the only priests who have the power to absolve from sin. Therefore,they are the only Churches that have the Sacrament of Penance.
The Sacrament of Penance is supposed to be protected under the First Amendment, because it is not a practice of the Orthodox and Catholics, it is part of our faith. To violate the Sacrament is to violate our faith. According to the Constitution, the government cannot demand that anyone violate his faith.
If they find a loophole around this, the priests (Catholic and Orthodox) will have no option but to go to jail.
What we need to decide is, are we Catholics who are Americans or Americans who are Catholic? It’s not the same thing. If I’m a Catholic who just happens to be an American, the Catholic takes precedence. If I disobey my country because it has violated God’s law, I am even a better patriot, because I’m protecting my country from sin.
Let us not forget Thomas More. “I die a loyal subject of the king, but a faithful son of the Church first.”
Fraternally,
Br. JR, OSF
At least someone knows how the privilege works. The mom most likely broke the privilege plus the kid wasn’t seeking spiritual guidance. The pastor asked him a question and the kid supposedly answered. The priest penitent privilege is very ingrained in the law and has be expanded to include non-catholics but it has specific requirements. A priest in a confessional would not be able to break the seal and testify.
The government can say and impose anything it wants. It does not mean that we have to agree with it.
I glad I retained something from the scant discussion about privileges in criminal law.Whether the minister thought that testifying didn’t break a church doctrine, normally under law it is the penitent, not the minister, that owns the right to confidentiality. Allowing the testimony is dangerous.
I am trying to forget most of it I can but it’s crammed up there. I hoping the farther away i get from school and the bar the less I remember. I mean every time I watch law and order or any cop or law show I just keep thinking…the law doesn’t work that way and that so wouldn’t be allowed…kind of ruins watching tv. Also ruins wanting to have law discussions with people on the Internet as it would take way to long to go through the case break downs on why things are they way they are.
Under normal circumstances your right the privilege lays with the penitent hence why a priest can’t break the seal but the defendant could decide to say anything he wants about the confession. But the kicker is is has to be a ‘a confidential communication by the person to a clergyman in his professional character as a spiritual adviser.’. The court has to decide was it confidential and was it in the preachers role as a spiritual advisor.
Agreed, this is state law. I’m used to dealing with the military where this conversation would almost assuredly be inadmissable.
Since Baptist do not have confessions, how is this protected in any way?
It isn’t just confessions, they now include spiritual counseling as part of the priest penitent privilege. You expect things you tell your pastor about your spiritual life and your regular life, in order to get advise and counseling (both spiritual and practical) to be confidential, and the courts have respected that. So they have enlarged the right to be given to other religions, and to Catholics who go get counseling or spiritual direction from their priests outside of the confessional.
It would make for an interesting case. The right of the Catholic Church to keep secrets vs public safety and justice.
My guess is that if things continue the way they are, that we will see priests in prison for this. The choice for a priest is stark. Divulging a confession for a priest is an excommunication offense. Some priests would die first. We should be grateful for their faithfulness instead of playing at lawyer.
