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The Louisiana Supreme Court in the southern United States has issued a decision that may require a priest to violate the secrecy of confession.
The case involves the possible confession of a 12-year-old, who was allegedly abused by a parishioner in 2008.
The complainant said she told the priest in three separate confessions of her abuse, which involved touching, kissing and inappropriate expression.
Her parents are suing the priest who heard the confession, Fr Jeff Bayhi, and the Baton Rouge diocese because he did not report the abuse, which continued after the confessions.
The alleged abuser died of a heart attack in 2009 during a criminal investigation.
The parents of the minor reportedly said the priest in the confessional told the 12-year-old to deal with it herself because “too many people would be hurt”.
The parents want the priest to testify whether the confession took place and what was said.
The priest and the diocese maintain he cannot reveal what was said in confession.
A Louisiana appeals court found that in this case, confession is a confidential communication.
But the Louisiana Supreme Court ruled that the priest cannot claim confidentiality, because the penitent waived her privilege.
The diocese of Baton Rouge argues that breaking the confessional seal is a clear violation of centuries of Church law and practice.
The church penalty for breaking the seal is automatic excommunication.
The diocese argues that the state Supreme Court has violated the defendants’ constitutional rights.
It promised to take the issue to the US Supreme Court if necessary.
Commenting in the National Catholic Reporter, Jesuit Fr Thomas Reese noted that the issue of penitents giving priests permission to reveal information divulged in confession has been debated by some canonists.
But he said preponderant and official view is this is rightly not allowed.
If the Church allowed such revelations, the fear is that penitents would be subject to pressure to give permission.
In a criminal proceeding, any penitent who did not waive his or her privilege would be presumed guilty, Fr Reese observed.
Breaking the seal of the confessional would also damage the reputation of the sacrament, he wrote.
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