It is interesting. I feel like as Pope Francis states that we are facing persecution in this country.maybe it won’t I really don’t know. But freedom of religion is now just freedom of worship for most americans. So a priest is no longer protected by the first amendment if a crime is confessed to him. In the not to distant future I fear, priests could be charged with covering up a crime, with not being a mediatory reporter, because they kept secrete what was confessed.
the lower court did. I didn’t read the louisiana supreme court’s ruling.The Louisiana Supreme Court did not decide that the priest was negligent. It only said that whether the priest was obligated to report needed to be determined through testimony and fact finding in a court of law. It was the diocese who was trying to silence the girl’s testimony about the confessions. The Supreme Court said they couldn’t do that.
This is what the Court wrote:
Therefore, we find the appellate court erred in dismissing plaintiffs’ claims with prejudice as the question of duty/risk should be resolved by the factfinder at trial, particularly herein where there exists material issues of fact concerning whether the communications between the child and the priest were confessions per se and whether the priest obtained knowledge outside the confessional that would trigger his duty to report.
(The court’s decision, page 6-7)
The story broke in the diocese on Sunday. A statement by the diocese was made.It’s amazing how fast this story spreads on forums.
personalitycafe.com/debate-forum/275490-should-priests-required-testify-courts-what-they-heard-during-confession.html#post8449626
forum.nationstates.net/viewtopic.php?f=20&t=303722&start=325
This story only came out a day or so ago!
If the SCOTUS were to rule that the government could compel the breaking of the Confessional seal, that would likely be the end of face-to-face confession in America. If the priest has no idea who’s confessing to him, how could he report?I fully believe this will make it all the way to the supreme court and could be a very important case as far as religious freedom goes in this country. If the Supreme court rules in favor of the family than priests are at risk of being thrown in jail in order to protect souls.
that may be one way to protect the priest. But I fear that would open up the door to religious persecution. If the courts can limit Catholic religious freedom what stops them from limiting other religious freedoms.If the SCOTUS were to rule that the government could compel the breaking of the Confessional seal, that would likely be the end of face-to-face confession in America. If the priest has no idea who’s confessing to him, how could he report?
Obviously this is just her statement of what happened in the confessional and we won’t hear the priest’s side, but Wow! If this were my daughter, and this is what she was telling me the priest said…I would absolutely go after this guy in court—relentlessly!!According to her, the priest offered her no help and, as stated in the court record:
“According to her deposition testimony: ‘He just said, this is your problem. Sweep it under the floor and get rid of it.’”
I don’t want to talk about what the appropriate way to handle a situation like that is because I really don’t know.Obviously this is just her statement of what happened in the confessional and we won’t hear the priest’s side, but Wow! If this were my daughter, and this is what she was telling me the priest said…I would absolutely go after this guy in court—relentlessly!!
It is certainly possible that this family has some sort of ax to grind or that the girl is simply lying for whatever reason. I have no idea. Wouldn’t be shocking.I don’t want to talk about what the appropriate way to handle a situation like that is because I really don’t know.
BUT
I personally know the priest involved in the case. It would be the biggest shock of my life if he said something like this to a 12 year old who was abused. He is a great priest and I just don’t think he would do something like that.
en.wikipedia.org/wiki/Seal_of_the_Confessional_and_the_Catholic_Church#HistoryLet the priest absolutely beware that he does not by word or sign or by any manner whatever in any way betray the sinner: but if he should happen to need wiser counsel let him cautiously seek the same without any mention of person. For whoever shall dare to reveal a sin disclosed to him in the tribunal of penance we decree that he shall be not only deposed from the priestly office but that he shall also be sent into the confinement of a monastery to do perpetual penance.
— Hefele-Leclercq, “Histoire des Conciles” at the year 1215; Mansi or Harduin, “Coll. conciliorum”
vatican.va/archive/ENG1104/_P54.HTMCan. 1388 §1. A confessor who directly violates the sacramental seal incurs a latae sententiae excommunication reserved to the Apostolic See; one who does so only indirectly is to be punished according to the gravity of the delict.
vatican.va/archive/ENG1104/_P3G.HTM
The Catholic Church cannot expect the alleged efforts to take strong measures against sexual abuse to be taken seriously by the world if it takes the position that priests can and will knowingly allow sexual abuse of children to occur in their parishes so long as they’re told about it in a confessional. Its a perversion of the Seal of Confession and should be a crime not a religious freedom issue. Its the sex abuse scandal all over again.This is a clear violation of our religious freedom! For one thing, the Seal of Confession is absolute! The priest cannot even say whether or not he heard someone’s Confession! For another, the punishment for a priest doing so is very serious. See this from the Fourth Lateran Council…
I’m not surprised…I will pray for this Priest. the times we live in…foot baths placed in Universities to accomadate Muslims…I could go on…I once watched an interview, not on a particular Religious Program…where a former Muslim, now Christian, University Professor, stated that he believed that 'Our ‘end’ will be our attempt, as a Nation, to appease all segments of society, all special interest groups …and forget about ourselves in the process. Now, a total disregard for the Church and her teachings…HHS mandate not withstanding. Horah for those, i.e. EWTN, Hobby Lobby, , that stand and fight for our Religious rights…PAX
And the problem with Muslim foot baths is ???I’m not surprised… the times we live in…foot baths placed in Universities to accomadate Muslims
Lord we ask that You protect Your priests and Your Church. Help this priest to stand strong in His vows of obedience. Please help our court system to understand and respect the freedom of religion in this case I pray in the most Holy Name of Jesus our Lord, Amen.
The confidentiality only goes one way. The doctor can’t reveal what the patient told him, what is wrong with the patient or even if he/she saw the patient. The patient, OTOH, can discuss all of this. That’s why the patient can ask that the files be released.And probably one of the more famous is called “doctor-patient confidentiality.” You’ve probably experienced that in your own lifetime.
These privileges do have limitations. Imagine you go to a doctor, and he misdiagnoses your illness and you end up getting even sicker. You want to sue him. Obviously, a big part of the case will involve what the doctor told you when he diagnosed you. But then, the doctor-patient privilege might apply, and the evidence of the conversation would never make it into court.
So, it’s often the case that the privilege, in certain circumstances, can be waived (given up) or destroyed when you are in litigation with another person with whom you have a privilege.