“Deponatur sacerdos qui peccata p nitentis publicare præsumit”, i.e., “Let the priest who dares to make known the sins of his penitent be deposed” and he goes on to say that the violator of this law should be made a life-long, ignominious wanderer. Canon 21 of the Fourth Lateran Council (1215), binding on the whole Church, lays down the obligation of secrecy in the following words: “Let 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” (see Hefele-Leclercq, “Hist. des Conciles” at the year 1215; also Mansi or Harduin, “Coll. conciliorum”).
US court orders priest to reveal confessional details!!
This cuts to the core of the Catholic Faith
Louisiana court’s ruling that Catholic priest testify about confession criticized by Baton Rouge Diocese: UPDATED
The statement, published Monday (July 7) on the diocese’s website, said forcing such testimony “attacks the seal of confession,” a sacrament that “cuts to the core of the Catholic faith.”
The statement refers to a lawsuit naming the Rev. Jeff Bayhi and the Catholic Diocese of Baton Rouge as defendants and compels Bayhi to testify whether or not there were confessions “and, if so, what the contents of any such confessions were.”
“A foundational doctrine of the Roman Catholic Church for thousands of years mandates that the seal of confession is absolute and inviolable,” the statement says. “The position of the Diocese of Baton Rouge and Fr. Bayhi is that the Supreme Court of Louisiana has run afoul of the constitutional rights of both the Church and the priest, more particularly, has violated the Establishment Clause and the separation of Church and State under the first amendment.”
The state high court’s decision, rendered in May of this year, demands that a hearing be held in 19th Judicial District Court in Baton Rouge, where the suit originated, to determine whether or not a confession was made. It reverses an earlier decision by the Louisiana First Circuit Court of Appeals dismissing the original lawsuit filed against Bayhi and the diocese.
The case stems from a claim by parents of a minor that their daughter confessed to Bayhi during the sacrament of reconciliation that she engaged in inappropriate sexual behavior with grown man who also attended their church. Court documents indicate the child was 12 years old at the time of the alleged sexual abuse.
A criminal investigation by East Feliciana Sheriff’s Office into the alleged sexual abuse was ongoing when the accused church member died suddenly in February 2009 of a heart attack.
The civil lawsuit in question, filed five months later in July 2009, names the late sexual abuse suspect, as well as Bayhi and the Baton Rouge diocese, as defendants. The suit seeks damages suffered as a result of the sexual abuse, noting that abuse continued following the alleged confessions.
The appeals court found that because the confession was “clearly” made during the sacrament of reconciliation, it was considered confidential communication; therefore the priest was not a mandatory reporter. It also found that District Court Judge Michael Caldwell erred in denying the diocese a motion to prevent the minor from testifying about the confession.
The Louisiana Supreme Court said in its ruling that the priest’s confidentiality can only be claimed “on behalf of” the confessor, so the priest can’t claim confidentiality to protect himself since the girl waived her privilege. It maintains that the confession, then, wasn’t “privileged communication,” so he should possibly be subjected to mandatory reporting laws.
No comments:
Post a Comment