Faithwire
  • Watch
  • Go!
  • Podcasts
  • Newsletter
  • Contact Us
  • Facebook
  • Twitter
  • YouTube
  • Instagram
  • SCOTUS
  • Life
  • Religious Liberty
  • News
  • Politics
  • Faith
  • Opinion

Cali Law Would Compel Clergy to Report Confessed Child Sexual Abuse — Here’s Why Catholics are Pushing Back

Photo by Shalone Cason/Unsplash
Photo by Shalone Cason/Unsplash
Share Tweet
By Tré Goins-Phillips
Editor

March 1, 2019

Lawmakers in California are currently considering a bill that would legally compel Catholic clergy to break the seal of confession to report suspected child sexual abuse, a move that comes in the wake of disgraced former Cardinal Theodore McCarrick’s laicization.

Pope Francis’ decision to laicize McCarrick — which is to strip him of his clerical state in most, but not all, circumstances — came after the priest was found guilty by the Catholic Church of sexually abusing minors.

California state Sen. Jerry Hill, a Democrat, announced the legislation, known as Senate Bill 360, in mid-February. The proposed law would amend the state’s “mandated reporter” statute, which currently exempts clergy from reporting knowledge of suspected child sexual abuse so long as that information is obtained during “a penitential communication.”

Among the 47 kinds of professionals required by state law to report these suspected crimes are police officers, medical doctors, therapists and social workers.

“The law should apply equally to all professionals who have been designated as mandated reporters of these crimes — with no exceptions, period,” Hill told The Sacramento Bee, defending his proposal. “The exemption for clergy only protects the abuser and places children at further risk.”

California law defines “penitential communication” as “a communication, intended to be in confidence, including, but not limited to, a sacramental confession, made to a clergy member who … has a duty to keep those communications secret.”

Some proponents, like Dan McNevin of the Survivors Network for those Abused by Priests, have argued the exemption for clergy has allowed priests to skirt accountability, claiming during an interview with KPIX-TV that priests can discuss their sexual abuse with other priests without being required to report the conversation to authorities.

“They’ve exploited a well-intentioned law to make it into their personal way of avoiding being truthful,” he said. “It’s just another way they keep up this society of secrecy where they protect each other.”

Could the proposal even work?

Theologically, it’s hugely problematic. But it doesn’t really even work legally. The bottom line is this: there’s just no good way to enforce such a proposal.

In fact, according to Ed Condon, a canon lawyer and the Washington, D.C., bureau chief for the Catholic News Agency, the only way to impose the California bill would be through entrapment.

“You could only ever see it being enforced in cases of what I’d consider to be effective entrapment, which is people going in, telling a priest in confession, waiting to see if he does anything about it and if he doesn’t and he holds to the seal of confession, going to the authorities and reporting him for not doing so,” Condon told Faithwire.

And in response to the suggestion priests use the seal of confession to, in some way, sidestep legal accountability for their actions, particularly when it comes to sexual abuse, Condon said such a scenario is very unlikely.

“If you’re deliberately seeking out other priests who you believe or know share your same sin, the idea being that you’ll all be complicit in each other’s sins, then that’s not a true act of contrition, so the sacrament isn’t valid, so why would they bother in the first place?” he explained.

Is it theologically problematic?

Now, setting aside the legal troubles of such an amendment, the theological issues here are so enormous they’re impossible to ignore.

As Condon said, the theology of the confessional is “just not up for negotiation.” The bedrock principle of the Catholic faith is the forgiveness of sins through repentance, and for the government to wiggle its way into that sacred act is simply not an option.

“Every priest I know would willingly go to jail rather than violate the seal of confession,” Condon said, noting any priest who breaks the seal of confession would, according to canon law (c. 1388), face immediate excommunication.

There’s a reason the Catholic Church takes the sacrament of confession so seriously. According to Catholic doctrine, believers are coming to confession to approach Jesus (for whom the priest serves as an earthly representative) for the forgiveness of their sins.

That is what the seal of confession is all about, Condon said. The sanctity of the sacrament makes clear “it’s not within the discretionary power of the priest to say anything he’s learned in the confessional or act on anything he’s learned in the confessional.”

“He’s there in persona Christi — he’s there representing the merciful grace of God and he’s standing there solely in that place and he’s a conduit for it,” Condon expressed. “It’s just not up for negotiation.”

Latest

  • News

    ‘Biblical Prophecy Unfolding’: Yael Eckstein on Horror, Hope Amid Israel-Iran Chaos

  • culture

    ‘Big Win For Sanity’: Landmark SCOTUS Decision Deals ‘Major Blow’ in Trans Battle

  • Faith

    SHOCK CLAIM: College Devised Secret Vaccine Plot to Force Out Christian Coach

  • News

    Iran’s Fatal Error? How a ‘Demonic Regime’ Might Trigger End Times Prophecy

  • Faith

    ‘Did WW3 Just Start?’ Chaos ‘Lighting a Fuse’ in Middle East


Sponsored
Sponsored

Newsletter
Signup

  • This field is for validation purposes and should be left unchanged.

Recent Posts

  • ‘Biblical Prophecy Unfolding’: Yael Eckstein on Horror, Hope Amid Israel-Iran Chaos
  • ‘Big Win For Sanity’: Landmark SCOTUS Decision Deals ‘Major Blow’ in Trans Battle
  • SHOCK CLAIM: College Devised Secret Vaccine Plot to Force Out Christian Coach
  • Iran’s Fatal Error? How a ‘Demonic Regime’ Might Trigger End Times Prophecy
  • ‘Did WW3 Just Start?’ Chaos ‘Lighting a Fuse’ in Middle East

Archives

  • June 2025
  • May 2025
  • April 2025
  • March 2025
  • February 2025
  • January 2025
  • December 2024
  • November 2024
  • October 2024
  • September 2024
  • August 2024
  • July 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • July 2016
  • June 2016

Categories

  • Christian Persecution
  • Coronavirus
  • culture
  • Culture
  • Entertainment
  • Faith
  • Faith
  • Family
  • George Floyd
  • Go!
  • Israel
  • Life
  • Life
  • Lifestyle
  • Media
  • Men
  • Mission Haiti
  • News
  • News
  • Opinion
  • P.O.V
  • Politics
  • Politics
  • Roe
  • Sponsored
  • Sports
  • Virtue
  • Women

Meta

  • Log in
  • Entries feed
  • Comments feed
  • WordPress.org

Navigation

  • Watch
  • Go!
  • Podcasts
  • Newsletter
  • Contact Us
  • Staff
  • Privacy Policy
  • Terms of Service

Follow Us

  • Facebook
  • Twitter
  • YouTube
  • Instagram

Subscribe to the Newsletter

Sign up to get our newsletter your inbox every day.

  • This field is for validation purposes and should be left unchanged.

Newsletter Signup

Do you want to read
more articles like this?

  • This field is for validation purposes and should be left unchanged.