Louisiana Court Vs. the Seal of Confession

St. Louis Review
July 16, 2014

http://stlouisreview.com/article/2014-07-16/editorial-louisiana

Last week Catholic news organizations, including the St. Louis Review, published a troubling story about the Louisiana Supreme Court attempting to compel a priest to break the seal of confession.

At issue was a lawsuit filed by the parents of a girl who claimed that, in 2008 at the age of 14, she told a priest that she had been abused by a now-deceased parishioner. The parents claim that the priest was negligent in not reporting the abuse. The girl claimed she told the priest of this in the confessional.

Louisiana's mandatory reporter law provides an exception for members of clergy who receive reports in confidential communication, such as confession. And under canon law, a priest may not, under any circumstances, reveal anything about a confession to anyone. Not what was confessed. Not who confessed. Not ever. To violate the seal of confession would be to incur automatic excommunication reserved to the Apostolic See.

In this case, the Louisiana Court of Appeals for the First Circuit had ruled that the seal of confession pre-empted the court from ordering the priest to testify as to the nature of a confession. The Louisiana Supreme Court ruled that case be returned to district court to determine whether or not there was a confession, which, by canon law, the priest is not permitted to reveal.

So now the priest, Father Jeff Bayhi of the Diocese of Baton Rouge, finds himself in a difficult position. If he follows the court directive and testifies as to whether there was a confession, he excommunicates himself from the Church. If he follows Church law -- as he should -- he could find himself in jail for contempt of court.

Even though the court may simply be attempting to resolve a question in a civil legal case, for it to rule that a deeply held religious discipline is not "relevant" presupposes that a civil court can determine what, in fact, is authentic practice of faith. This presumption violates the First Amendment.

While the priest and the Diocese of Baton Rouge continue this fight for religious freedom in the court, this case should prompt all of us to seriously consider how we, the people of the Church, are working to prevent abuse of any kind, especially against children, and confront it when it does occur.

The institution of the Church -- the bishops and those who work for them -- has an absolute responsibility to continue the crusade against abuse. Church leaders must provide to their flocks ample education and opportunity to confront abuse assertively and transparently.

All of us in the Church -- priests, deacons, religious and lay persons -- share this incredible responsibility.

Priests must know how to properly counsel those who have been abused and how to appropriately address revelations of abuse, even if they come under the seal of confession. Parents must know how to spot signs of abuse and how to comfort their children in pursuing justice and healing. Children must be educated about safe touch and how to appropriately and bravely report violations so that due process and justice can prevail.

This case also serves as a reminder that the seal of confession is absolute and must remain so. God's forgiveness comes when we bear our souls to Him through the ministry of the priest acting in the person of Christ. When penitents are assured of the absolute freedom to confess sins openly -- in number and kind and without earthly fear of retribution -- the sacrament is able to most fittingly express God's absolute mercy and forgiveness.