Denver Newsroom, Jan 13, 2021 / 09:01 pm (CNA).- Three North Dakota state legislators introduced a bill this week that would oblige Catholic priests to violate the seal of confession in cases of confirmed or suspected child abuse, on penalty of imprisonment or heavy fines.
The bill was introduced Jan. 12 by state senators Judy Lee (R), Kathy Hogan (D), and Curt Kreun (R), and state representatives Mike Brandenburg (R) and Mary Schneider (D).
The current mandatory reporting law in North Dakota states that clergy are considered mandatory reporters of known or suspected child abuse, except in cases when “the knowledge or suspicion is derived from information received in the capacity of spiritual adviser”, such as in the confessional.
The bill, SB 2180, would amend that law to abolish this exception. If passed, priests who would fail to report known or suspected child abuse, even if revealed in the confessional, would be considered guilty of a Class B misdemeanor and face 30 days in jail or fines up to $1,500 or both.
Priests are bound by canon law, deriving from divine law, to keep the contents of a confession confidential, and are not even allowed to reveal whether or not a confession took place. The Code of Canon Law states that “the sacramental seal is inviolable; therefore it is absolutely forbidden for a confessor to betray in any way a penitent in words or in any manner and for any reason.”
Priests cannot violate the seal even under threat of imprisonment or civil penalty, and can incur a latae sententiae excommunication if they do. The Catechism of the Catholic Church, paragraph 1467, explains the Church’s teaching on the seal of confession:
“Given the delicacy and greatness of this ministry and the respect due to persons, the Church declares that every priest who hears confessions is bound under very severe penalties to keep absolute secrecy regarding the sins that his penitents have confessed to him. He can make no use of knowledge that confession gives him about penitents’ lives.” Christopher Dodson, the executive director and general counsel for the North Dakota Catholic Conference, told CNA that he was “surprised and greatly concerned about the bill, because it would infringe upon a person’s privacy and religious counseling and confession, not just for Catholics, but for everyone.” “In the United States, we expect to exercise our religion, including going to confession and having spiritual counseling, without the government invading our privacy,” he said. Dodson said that the bill was especially surprising because it was introduced a week after the conclusion of an 18 month long investigation by the state on child sexual abuse by clergy in North Dakota’s two dioceses, which found that all but one accusation of abuse by priests in the diocese had already been reported. The state identified the case of one additional priest who had been accused of abuse in the 1970s, and was not on the initial list because he was not a diocesan priest.
“The Catholic Church, including the dioceses of Fargo and Bismarck here in North Dakota, have gone to great strides to create safe environments (for children),” he said.
“The Attorney General in North Dakota just concluded an 18-month investigation of all the diocesan files and did not find anything of concern and nothing that hadn’t already been reported by the two dioceses. And most of those cases of priests with sufficient allegations against them happened a long time ago. That’s why we say this bill comes as a surprise.” Dodson added that there is “no evidence” that the proposed law would prevent “a single case” of child abuse, and instead it would likely dissuade some Catholics from exercising their religious freedoms, which should include going to confession and having that confession kept confidential. Lee declined to comment to CNA about the bill, while senators Hogan and Kreun could not be reached by press time.
The issue of the sacramental seal in cases of child abuse is one that has arisen several times in recent years. A similar bill that would have forced priests to violate the seal was introduced in California, and then dropped in 2019, out of concerns for religious liberty and problems of enforcement. In 2016, a Louisiana state appeals court upheld a priest’s right to uphold the sacramental seal of confession in an abuse lawsuit.
Several Australian states, including Victoria, Tasmania, South Australia, and the Australian Capital Territory, have already adopted laws forcing priests to violate the confessional seal, following recommendations made by the Royal Commission on clergy sex abuse. However, bishops and priests in those states have said they plan on defying the law and upholding the seal regardless.
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The Betty White stamps are out too.
Life is good.
Buckley was a classic conservative, not a right wing populist. They are not the same thing.
A classic conservative believes in the Constitution, the separation of powers. Right wing populists seem to want an all powerful executive, unrestrained by the Constitution.
Yes, Buckley wanted a smaller Federal Government, but he also wanted a Federal Government that operates within the law.
Both definitions serve only to create dismissive means of understanding by the enemies of conservatism. The driving factors of anyone gravitating towards an identification as a conservative have always been culturally based and intuitively based on religion. Despite how many bad historians falsify history by associating leftist tyrannies with the political right, conservatives, not progressive secularists, value, innate truth, natural law, and rights as divine endowments rather than political inventions.
Hitler and Mussolini were”Leftists?” I don’t think so. They were Fascists. Ditto Franco, Peron, etc.
Fascists are leftists. Don’t be swayed by the preposterous projections of leftist history.
So, there is no Extreme Right? I don’t agree that Fascists are Leftists. Communists are indeed extreme Left, but Fascists are extreme Right.
Alexandria Ocasio Cortez is a Leftist, not a classic Liberal. Marjorie Taylor Greene is not a true Conservative, but a Right Winger. I wish the media would get this right.
It really matters little to those suffering under a totalitarian regime what the regime leadership identifies as. Totalitarian is as totalitarian does.
Who are those who deny objective morality. Those who actually deny it, such as all leftists including all communists and fascists, or those who affirm objective morality, such as those who value conserving immutable truths, such as all right wing anti-fascists and anti-communists. Reconsider your knowledge of history in place of the cliched assumptions of airheaded academics, journalists, and historians.
William: Your definitions are the accepted conventions, so they can’t be faulted for their intent.
Nonetheless, as the post war Austrian historian Erik von Kuehnelt-Leddihn and others pointed out, the very concept of an ideological political spectrum is an invention of religion hating revolutionaries who always stood to salvage respectability by creating the fiction of moral equivalency between those competing socialist factions who identify themselves differently whether they see nationalized tyrannies or internationalist tyrannies as primarily the means to social utopia, which they assume, everyone desires.
Liberals believing they have been fair to conservatives place their ideas at some place on this fictional spectrum but are not fair enough to know that conservative arguments revolve around denying this spectrum. Conservatives might grudgingly concede the language of the revolutionaries at times, for purposes of rebuke, while making the religious argument that only a moral people can create honor and justice in society, and there can never be anything “revolutionary” in the human condition. Conservatives don’t see government as their savior, nor do they even view conservatism as an “ideology” since that term assumes truth is manmade rather than divinely endowed. Buckley’s famous quip for original sin and against the myth of progress in the human condition was his plea to stand atop history and yell, “Stop!”
Buckley on a stamp! A great move, although on his “Firing Line” he immediately would have debated the reasons behind today’s inflated price of stamps. His Stamp Act, for sure.
And, this commemoration is much to be preferred over placing Obama on Mount Rushmore as some fantasized earlier.