If the state does not respect the Seal of the Confessional, then it is essentially claiming not only that religious freedom does not exist, but also that there exists no right to privacy whatsoever that the state cannot overrule at its whim.
No patient-doctor confidentiality, no spousal privilege, no client-attorney privilege (which the Courts adamantly preserve because it is absolutely essential to the integrity of the Justice System – exact same thing here, the Seal is absolutely essential to the integrity of Reconciliation).
So it’s not just religious freedom that is under threat here, but ALL privacy rights, and the entire justice system.
The girl and the family could easily resolve this issue if she just recreated the situation outside of the confessional. The priest may even have advised her to do that–sounds like it, from the YouTube homily the news mentioned, and even from the girl’s allegations about what he said to her in the confessional.
Moreover, I don’t know what they hope to solve. Could you remember a specific word-for-word conversation 6 years ago, much less one among a common practice (offering Reconciliation)?
That, combined with the death of the alleged abuser (whom other people are vouching for, as well), really just make it seem like the girl and the family are bitter about the priest for some reason and have some axe to grind, or are just after money. Seems like she’s bitter about what he thinks she told her–the article never mentions that she’s upset that he didn’t report it (which, of course, she could have done, or could have told him about it outside of the privacy of confession if she wanted something done). And even if the priest were able to talk about it (after 6 years, when no one really remembers what was said, not even the girl), it would be his word against hers. If she were really under stress, especially of the sort like abuse causes where people invert and twist all sorts of things they perceive around them, it would be easy enough for her to have misinterpreted what he said, even to remember it differently.
After all, I could allege all sorts of things about what the Pope said to me in the confessional, could claim heinous words and sexual advances and so forth. Never mind I’ve never even met the Pope, much less going to him for Reconciliation (I wish!!!). But he could not defend himself or even say that I never came to see him.
Very convenient. Expect to see this new avenue of attack snapped up by SNAP and others. SNAP will start accusing of abuse in the confessional now, knowing the priests can say nothing about it in their defense.