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Proposed legislation in Montana and Washington is challenging the confidentiality traditionally upheld in clergy-penitent communications. These bills seek to require clergy to report abuse disclosed during confessions or similar pastoral settings.
In Washington, State Senator Noel Frame has introduced a bill mandating clergy to report such abuse. This marks the third attempt following two unsuccessful legislative efforts. The proposed law would compel clergy to report abuse learned during confession but allows them to refrain from testifying in court.
Montana's legislative landscape saw a similar move when State Senator Mary Dunwell introduced SB 139 on January 14. This bill aims to remove existing provisions that exempt clergy from reporting obligations if the information was revealed under confidentiality protected by canon law or church doctrine. However, after discussions with the Montana Catholic Conference and Bishop Austin A. Vetter of Helena, Dunwell revised the bill's text. It now states that "a member of the clergy or a priest is not required to make a report under this section if the communication is required to be confidential by canon law or church doctrine." The Montana Catholic Conference confirmed satisfaction with this amendment and plans to support it.
The clash between civil requirements and religious confidentiality is seen as fundamentally irreconcilable by Father John Paul Kimes of Notre Dame Law School. He emphasizes that canon law strictly upholds the inviolability of the sacramental seal, making it "absolutely forbidden for a confessor to betray" a penitent (Canon 983.1).
Father Kimes highlighted historical precedents like People v. Philips (1813), where religious freedom was defended against forced disclosure in confessionals. New York City Mayor DeWitt Clinton ruled that enforcing such disclosures violated constitutional rights, stressing that secrecy is vital for penance within Roman Catholic practice.
Kimes noted that civil laws attempting to breach confessional confidentiality misunderstand its sacramental significance, which provides penitents privacy regardless of their sins' severity. While confessors cannot condition absolution on self-reporting crimes, they can encourage it as part of demonstrating repentance and amending future behavior.
Gina Christian reports for OSV News.
