Quantum Windbag
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- May 9, 2010
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Ruling 'attacking' seal of confession likely headed to U.S. Supr - Tucson News Now
Some have said that children's parents should be told if they're getting birth control.It's a case likely headed for the U.S. Supreme Court involving a 14-year-old girl who claims that during the sacrament of confession, she told her parish priest she was being abused.
Her parents are suing the priest and the Catholic Diocese of Baton Rouge, because the priest did not report the abuse.
Diocese officials say, in its ruling, the Louisiana Supreme Court ran afoul of the constitutional rights of the church and the priest.
The secrecy of the confessional is not simply a church tradition. It's considered foundational doctrine of the catholic church that priests absolutely must not violate.
"We cannot break the seal of confession. It is forbidden for us to break it," said Rev. Derek Covert of the Diocese of Lake Charles. Father Covert is a canon lawyer, an expert on church rules and doctrine.
"This is something required from Sacred Scripture, that we confess our sins, and therefore, it is something required by divine law. This is by God, okay? And what we would argue in this is if a person was prevented from going to confession because they feared that it might be revealed, if a priest was made to reveal it, now that person is not going to fulfill a divine law or divine precept," said Covert.
Covert predicts many, if not most priests, would go to prison before they would violate the sacred seal of the sacrament of confession.
"We would have to maybe do time in prison for contempt of court or something like that," said Covert.
In the Baton Rouge case, church officials say they will appeal to the highest court of the land to protect freedom of religion for both the church and the priest.
What about this situation? The girl is clearly in danger. Should the priest tell? And, who should he tell? What if its a parent or other family member who is abusing the child?
I'd think that just as other religious sacraments don't get to ignore civil law (peyote ceremonies in natuve religions for example) the Catholic one about the sanctity of confession doesn't get to ignore the rules pertaining to professionals reporting abuse allegations as with teachers, counsellors, and the like.
You might have a point, if it wasn't legal to use peyote in religious ceremonies. That case you are thinking about is why Congress passed the RFRA, it was specifically aimed at over turning that decision. The court later ruled in favor of peyote use because of the RFRA.
http://www.peyote.net/legal.html
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