Right Voices

The state of New Hampshire is considering a law that would require Catholic priests to break the confidentiality seal of the confessional by requiring them to report confessions of child abuse.

The Catholic League is urging New Hampshire state legislators to reject a bill that would remove the priest-penitent privilege that has traditionally been granted by legislators and mandate all members of the clergy to report instances of suspected child abuse to the authorities. – CNA:

Is this an encroachment by the state on religion? Or is it a law to protect children’s rights. Or both? In the face of freedom of religion and religious rights – the issues are not so cut and dry and I wouldn’t be surprised if we see this reach the SCOTUS sometime in the future. If anything, it’s a great study on constitutional law as it applies to religious freedoms. To me? When faced with the question of the Catholic confessors rights versus children’s rights – - the children win this one, hands down.

The law exempting clergy from reporting child abuse reporting was developed in 1979. The Child and Family Law Committee of the State are asking for a review of that law to determine if it is outdated and needs to be modified. The bill is sponsored by Rep. Mary Stuart Gile (D-Concord). It is opposed by a minority of the committee and the New Hampshire Roman Catholic diocese.

The bill is being sponsored in hopes of finding a way to protect children without infringing on constitutionally protected religious freedoms.

Most states have the laws on the books that require officials, including priests, to report suspected child abuse. However, on the other hand, there is a provision of the law that exempts priests from exposing information given to them in confidence, including in confession.

It is a constitutional struggle, at the very least. Should the government be allowed to stretch it’s long arm into the confessional booth and require priests to disclose information that could be potentially dangerous to children? The irony is not lost that Catholic priests, long plagued with child abuse within the walls and under the protection of it’s own church leaders, are now standing in opposition of a law that would require them to report child abuse. Some could argue that the Catholic church, of all organizations, should be the first to step forward and do what they can in the name of protecting children from abuse, now or in the future. I would like to believe that the clergy would, indeed, act in cases where they believe a child is in danger.

On the other hand, sanctity of the confessional has a long history and most priests would rather go to jail than expose what is disclosed to them in confidence. Who is the government to step in and dictate how they handle this?

The Catholic League for Religious and Civil Rights: “”Gile’s bill is flawed in three ways: (a) it is an unconstitutional encroachment by the state on religion (b) it is based on the superstition that child molesters are going free because priests are shielding them from the authorities, and (c) it is premised on the fatuous notion that priests would violate the seal of the confessional before ever going to prison.”

The argument is that the Sacrament of Reconciliation is protected, much like doctor-patient, lawyer-client and reporter-source. Opponents feel this bill will fail. It is the second time this bill has come to the floor.

The House is scheduled to vote on the bill on Wednesday.