Skip to content
Catholic Online Logo

By Catholic Online (NEWS CONSORTIUM)

7/10/2014 (2 years 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 (2 years 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.

---


'Help give every student and teacher Free resources for a world-class moral Catholic education'


Copyright 2017 - Distributed by THE CALIFORNIA NETWORK

Pope Francis Prayer Intentions for DECEMBER 2016
Universal:
End to Child-Soldiers: That the scandal of child-soldiers may be eliminated the world over.
Evangelization: Europe: That the peoples of Europe may rediscover the beauty, goodness, and truth of the Gospel which gives joy and hope to life.



Comments


More U.S.

Oldest living WWII veteran SHOCKED at AMAZING gifts from fellow countrymen Watch

Image of Richard Overton, America's oldest living WWII veteran may lose the home he built himself (GoFundMe).

By Monique Crawford (CALIFORNIA NETWORK)

Richard Overton is believed to be the oldest living World War II veteran in the United States. LOS ANGELES, CA (Catholic Online) - Overton has outlived most of his friends and his closest relatives. He currently resides in the same home he built himself in Austin, TX ... continue reading


Secret Service eyes Madonna after star threatens to blow up White House during Women's March on Washington Watch

Image of Madonna admits before a crowd of thousands that she has considered

By Kenya Sinclair (CALIFORNIA NETWORK)

Pop star Madonna was one of several celebrities attending the Women's March on Washington Saturday, January 21, just one day after Donald Trump was sworn into the Presidency. LOS ANGELES, CA (Catholic Online) - Like many celebrities, Madonna spoke candidly without fear ... continue reading


Beheading videos and the ISIS flag - Masked man intimidates Trump supporters in Washington Watch

Image of Masked man revealed an ISIS flag and beheading video on his phone (InfoWars).

By Kenya Sinclair (CALIFORNIA NETWORK)

A group of President Donald Trump supporters were enjoying themselves in a sports bar in northwest Washington when a masked man approached the large glass window. LOS ANGELES, CA (Catholic Online) - Outside the Proper 21 sports bar, the masked protester pulled a phone ... continue reading


'I could have been arrested...' - Nebraska law forcing nuns to remove habits in schools sparks controversy Watch

Image of Nuns are not allowed to wear habits in Nebraska schools.

By (CNA/EWTN News)

Sister Madeleine Miller's efforts to substitute teach in a Nebraska public school ran afoul of a century-old law that left her bewildered - and prompted the state legislature to take another look at the law's dark past. Lincoln, NE (CNA/EWTN News) - "I was just ... continue reading


Meth cook and devil worshiper attacks mother then leaves her for dead with demon king's name written on her chest Watch

Image of Chase Wall attacked his mother and left her for dead with a demon king's name scrawled across her chest.

By Kenya Sinclair (CALIFORNIA NETWORK)

Chase Wall, a 33-year-old occult-obsessed meth addict, was arrested after beating his mother, stealing her car and leaving her for dead with a demon's name inscribed on her bloody chest. LOS ANGELES, CA (Catholic Online) - Wall's 66-year-old mother was discovered in a ... continue reading


Amazing discovery in Canada reveals one man's controversial claim was TRUE Watch

Image of Evidence of stone tools used on a horse's jaw means humans arrived in North America thousands of years earlier than previously believed.

By Kenya Sinclair (CALIFORNIA NETWORK)

Researchers at the Université of Montréal (UdeM) in Canada made an important discovery this year, changing a key element of North American history. LOS ANGELES, CA (Catholic Online) - New research suggests humans first traveled to North America 24,000 ... continue reading


When one Bible isn't enough, use two! Trump to take oath with TWO Holy Bibles Watch

Image of Donald Trump will be sworn into office using two Bibles.

By Kenya Sinclair (CALIFORNIA NETWORK)

Donald Trump will be sworn into office on January 19. At that time, he will have not one but two Bibles - one of which will be pulled from the Library of Congress collection to commemorate the special event. LOS ANGELES, CA (Catholic Online) - Donald Trump will be ... continue reading


Honoring Dr. Martin Luther King Jr, Pro-Life Christian Leader and Hero Watch

Image of Dr. Martin Luther King Jr., Christian Leader

By Deacon Keith Fournier

On January 27, 2017, the annual March for Life will take place once again in Washington, DC. On January 16th we commemorate a great Christian and Human Rights Leader, Dr. Martin Luther King, Jr. He was assassinated in 1968 for defending the fundamental truth of ... continue reading


Pope Francis cited in one bishop's call for change - Will it help? Watch

Image of Pope Francis has been calling for help on behalf of immigrants for years.

By Kevin Jones (CNA/EWTN News)

The upcoming inauguration of President-elect Donald Trump has raised questions about the future of immigration reform, but the nation's Catholic bishops remain hopeful. Washington D.C. (CNA/EWTN News) - "We also find it important that we engage the present incoming ... continue reading


'The Greatest Show on Earth' to pack up for the last time after 146 years Watch

Image of The Ringling Bros. and Barnum & Baily Circus will close after 146 years (Todd Hesler).

By Nikki Crawford (CALIFORNIA NETWORK)

The Ringling Bros. and Barnum & Baily Circus announced they would be closing up shop for the final time this May after 146 years of bringing magic to families across the country. LOS ANGELES, CA (Catholic Online) - Everyone knows the Ringling Bros. and Barnum & ... 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

Daily Readings

Reading 1, Hebrews 9:15, 24-28
15 This makes him the mediator of a new covenant, so that, now that a ... Read More

Psalm, Psalms 98:1, 2-3, 3-4, 5-6
1 [Psalm] Sing a new song to Yahweh, for he has performed wonders, his ... Read More

Gospel, Mark 3:22-30
22 The scribes who had come down from Jerusalem were saying, 'Beelzebul ... Read More

Saint of the Day

Saint of the Day for January 23rd, 2017 Image

St. Ildephonsus
January 23: St. Ildephonsus is highly regarded in Spain and ... Read More