Skip to content
Catholic Online Logo

By Catholic Online (NEWS CONSORTIUM)

7/10/2014 (1 year ago)

Catholic Online (www.catholic.org)

Priest called to testify in abuse case.

The Louisiana Supreme Court is seeking to compel a Catholic priest to violate the confessional privilege under the state's mandated reporting laws. Under Canon Law, priests are prohibited from disclosing what is discussed in the confessional.

The seal of the sacrament of confession cannot be violated.

The seal of the sacrament of confession cannot be violated.

Highlights

By Catholic Online (NEWS CONSORTIUM)

Catholic Online (www.catholic.org)

7/10/2014 (1 year ago)

Published in U.S.

Keywords: Priest, confession, abuse, seal, louisiana, supreme court


BATON ROUGE, LA (Catholic Online) - The Catholic Diocese of Baton Rouge is criticizing a decision by the Louisiana Supreme Court which seeks to require a priest to break the seal of confession and testify to what he was told by a penitent during the sacrament of confession.

This order would violate Canon Law, the law of the Church, which requires that a priest never disclose what is revealed to him in the confessional. .

Pray for all victims of abuse and the Church in these times.

A statement released by the Diocese says that Rev. Jeff Bayhi and the Diocese itself are defendants in a case where they are being compelled by the court to say whether they heard a confession and what the contents of that confession were.

The specific case involves an allegation of sexual abuse in which a minor daughter of some parishioners claim that she was subjected to inappropriate sexual conduct (abuse) at the hands of an adult parishioner. The child was 12 at the time the alleged abuse occurred.

According to the local sheriff, an investigation was ongoing when the accused man died in 2009 of a sudden heart attack. Local officials say the Church is required under mandated reporting laws to disclose such information to the authorities. The diocese is also accused of failing to train Father Bayhi to report such incidents.

However the Church teaching is very clear on this subject. The seal of confession is sacred and any priest who breaks that seal excommunicates himself, instantly.

Although the Church has been accused of sheltering child abusers, it has taken a hard line stance under Pope Benedict XVI and even harder under Francis. However, these reforms which target clergy who participate in cover-ups, do not change the sacred seal of confession which remains at the core of the Catholic understanding of the Confessional seal.

What is happening is that a civil court is infringing on the religious freedom of the Church..

It is not that the Church wants to protect a deceased man or that the word of the child is disputed. It is that the Church simply cannot comment on whether or not a confession took place and if so, what the details of that confession were. It simply isn't allowed under any circumstances.

"For a civil court to impinge upon the freedom of religion is a clear violation and the matter will be taken to the highest court in the land by the Church in order to protect its free exercise of religion," the statement said.

Unfortunately, while the issue is clear to the Church, it is not clear to the lawyers and judges. A reputation of concealing sexual abuse within the Church has created an attitude of mistrust and  hostility towards priests and anyone in the Church who is seen as trying to cover for a crime.

Worse, specific testimony by the child claims that Father Bayhi told the girl to resolve the matter herself because otherwise "too many people would be hurt."

The child allegedly told Father Bayhi that the man had emailed her excessively and asked to "make love to her." Eventually he touched and kissed her inappropriately.

An appeals court originally ruled that confessions are privileged communications and that mandated reporting does not apply in the confessional, but the state supreme court ruled that confidentiality can only be claimed on behalf of the confessor.

In this case the girl testified to what she said, thus waiving her right to confidentiality. In other words, confidentiality does not apply because the girl told the court in deposition what happened in the confessional.

Whether or not Father Bayhi gave poor advice to a hurting child who was a victim of abuse is a separate matter. Certainly, if he failed in his ministry to protect a child whom he knew was subject to abuse then he should answer for this before God and the Church.

However, the seal of the sacrament of confession is not up for debate or discussion. Supreme courts have jurisdiction over men but they have no jurisdiction over God's law, which is not subject to their review no matter how hard they try.

Fr. Bayhi may not disclose the content of a confession under penalty of excommunication. Nor should he be forced to. The precedent this would establish is far too serious to permit exception.

---


Pope Francis: end world hunger through 'Prayer and Action'


Copyright 2015 - Distributed by THE CALIFORNIA NETWORK

Pope Francis Prayer Intentions for April 2016
Universal:
Small Farmers: That small farmers may receive a just reward for their precious labor.
Evangelization: African Christians: That Christians in Africa may give witness to love and faith in Jesus Christ amid political-religious conflicts.



Comments


More U.S.

Fr Frank Pavone - Amoris Laetitia: Pope Francis' Encouraging Roadmap for Families Watch

Image of Fr Frank Pavone, National Director, Priests for Life

By Fr. Frank Pavone, National Director, Priests for Life

Amoris Laetitia is a timely and loving exhortation for families towards genuine charity that begins within the nuclear family. It can be described as a new road-map for a culture that has taken a sad and tragic detour. The Joy of Love recognizes women's ... continue reading


Catherine of Siena: We Need Saints for this Missionary Age Watch

Image of Today, in the Roman Catholic Liturgical Calendar, we commemorate one of the greatest women saints of Christian history, Catherine of Siena.  While praying at Peter's tomb, she experienced the great weight of the Church fall on her shoulders.

By Deacon Keith Fournier

Father, raise up women like Catherine of Siena for this new missionary age of your Church. Women who are so in love with you, and so conformed to the Image of your Son, they can do for your Church in this hour, what she did in her own. Saints are a gift for the ... continue reading


Christian student shockingly dropped from master's program for practicing religious rights Watch

Image of Andrew Cash was discriminated against for practicing his religious rights (YouTube).

By Kenya Sinclair (CALIFORNIA NETWORK)

Andrew Cash practiced his religious rights at Missouri State University - and was dismissed from the master's program in counseling as a result. LOS ANGELES, CA (Catholic Online) - According to the Catholic News Agency, Cash was referring same-sex couples to another ... continue reading


Not a newsflash, U.S. government authorized use of propaganda on American people...in 2013. Here's who to blame Watch

Image of Obama signed the amendment into law in 2013.

By David Drudge (CALIFORNIA NETWORK)

Does the news seem a little too pro-American to you? Does it seem reporters pull punches and that the real issues are ignored? Perhaps that's the result of a quiet change to the law that took place in 2013. A law banning the use of government propaganda on the American ... continue reading


The cost of incarceration: What can we do? Watch

Image of What can we do about overpopulated prisons and ex-cons' ability to find work (Shannon Stapleton/Reuters)?

By Matt Hadro (CNA)

Experts from across the political spectrum are calling for criminal justice reform, as a new White House report shows the human and economic costs of the current justice system. Washington D.C. (CNA) - "This is a singular moment in one of the most challenging issues ... continue reading


Sickening portrayal of Jesus pinned to a dartboard presented as art in university library Watch

Image of

By Abigail James (CALIFORNIA NETWORK)

An appalling portrayal of Jesus plastered to a dartboard was posted up as artwork inside the Art Library at Rutgers University in New Brunswick, New Jersey. LOS ANGELES, CA (Catholic Online) - The "art piece," titled "Vitruvian Man," shows Jesus nailed to the dartboard ... continue reading


Which bathroom should you use? And why is this a question? Watch

Image of Figuring out which restroom to use isn't supposed to be a dilemma.

By Marshall Connolly (CALIFORNIA NETWORK)

The American people are seemingly obsessed with public restrooms these days and precisely how people use the potty. The fear is being stoked by concerns that individuals who "self-identify" as the opposite sex, will take advantage of liberal policies and assault ... continue reading


Prayer Is the Path to Real Freedom Watch

Image of Prayer is the lifeline of a Christian

By Deacon Keith Fournier

Jesus said to his disciples: Ask and it will be given to you; seek and you will find; knock and the door will be opened to you. For everyone who asks, receives; and the one who seeks, finds; and to the one who knocks, the door will be opened. CHESAPEAKE, VA. ... continue reading


Why is Obama now sending 250 MORE troops to Syria? Watch

Image of U.S. President Barack Obama will be sending more troops to the Middle East.

By Kenya Sinclair (CALIFORNIA NETWORK)

U.S. President Barack Obama announced 250 more special operations forces are to be deployed to Syria within the next few weeks. LOS ANGELES, CA (Catholic Online) -  Obama stated: "Just as I approved additional support for Iraqi forces against ISIL, I've decided to ... continue reading


Entire family slain among outrageous marijuana operation Watch

Image of The Pike County killings are most likely drug-related.

By Kenya Sinclair (CALIFORNIA NETWORK)

Pike County, Ohio saw eight murders on Friday with the youngest victim described as 16-years-old and the oldest at 44. LOS ANGELES, CA (Catholic Online) - Ohio Attorney General Mike DeWine released a statement on Sunday during a news conference to mention marijuana ... continue reading


All U.S. News

Newsletters

Newsletter Sign Up icon

Stay up to date with the latest news, information, and special offers

Subscribe to Catholic OnlineYouTube Channel

the FEED
by Catholic Online

Daily Readings

Reading 1, Acts 15:22-31
22 Then the apostles and elders, with the whole church, decided to choose ... Read More

Psalm, Psalms 57:8-9, 10-12
8 Awake, my glory, awake, lyre and harp, that I may awake the ... Read More

Gospel, John 15:12-17
12 This is my commandment: love one another, as I have loved ... Read More

Saint of the Day

Saint of the Day for April 29th, 2016 Image

St. Catherine of Siena
April 29: St. Catherine of Siena was born during the ... Read More