Skip to content
Catholic Online Logo

By Catholic Online (NEWS CONSORTIUM)

7/10/2014 (4 months 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 (4 months 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'


2014 - Distributed by THE NEWS CONSORTIUM

Pope Francis Prayer Intentions for November 2014
Lonely people:
That all who suffer loneliness may experience the closeness of God and the support of others.
Mentors of seminarians and religious: That young seminarians and religious may have wise and well-formed mentors.



Comments


More U.S.

Following Ferguson shooting, police departments rush to adopt body cameras Watch

Image of The purchasing of body cameras by police departments nationwide has increased dramatically following the shooting of Michael Brown.

By Catholic Online (NEWS CONSORTIUM)

Whether you believe the story told by Ferguson police officer Daren Wilson, or by the family of Michael Brown, it is certain that the case has changed the face of law enforcement in America. LOS ANGELES, CA (Catholic Online) - The use of body cameras by police ... continue reading


Catholic Shopping .com is about to have its biggest sale ever for Black Friday weekend!

Image of Sign up so you don't miss any deals during this special Black Friday weekend sale!

By Catholic Online (NEWS CONSORTIUM)

This weekend, Catholic Shopping .com is having an amazing sale with up to 70% off of selected items. These deep discounts will help you finish your shopping early, but be prepared, many of these sales will last just an hour or two and then the specials will be gone! ... continue reading


A Boston man has something new to be thankful for after he received a double arm transplant Watch

Image of Will Lautzenheiser, a professor of film production and screenwriting at Boston University had to undergo surgery to remove his arms and legs in 2011 after he came down with a life-threatening streptococcal infection.

By Catholic Online (NEWS CONSORTIUM)

A Boston man who received a double arm transplant in October is making remarkable recovery, just in time for Thanksgiving. The best part, he says, is that he is able to hug his loved ones again. LOS ANGELES, CA (Catholic Online) - Will Lautzenheiser became infected ... continue reading


Dreaded cartel overlord Alfredo Vasquez-Hernandez sentenced to 22 years in prison in U.S. Watch

Image of Top Sinaloa cartel thug Alfredo Vasquez-Hernandez has been sentenced to 22 years in prison in the U.S. for planning the delivery of more than 600 pounds of cocaine.

By Catholic Online (NEWS CONSORTIUM)

Top Sinaloa cartel thug Alfredo Vasquez-Hernandez has been sentenced to 22 years in prison in the U.S. for planning the delivery of more than 600 pounds of cocaine. Some of the damning evidence against him was provided by twin brothers Pedro and Margarito ... continue reading


Here's 3,000 reasons why Obama just made illegal immigrants more attractive to your employer Watch

Image of Due to a loophole in Obamacare, the president's new amnesty plans mean that employers who hire illegals don't have to cover them with insurance, and won't be fined for doing so.

By Catholic Online (NEWS CONSORTIUM)

President Obama's new amnesty plan is going to have some drastic effects that most American's aren't aware of, one that may just get you kicked out of a job because of all things, Obamacare. LOS ANGELES, CA (Catholic Online) - Under the Affordable Care Act, ... continue reading


Fr. Randy Sly on Thanksgiving and Our Roots of Faith

Image of Ceremonies and periods of thanksgiving are woven through the entire tapestry of history. We find them in the Jewish Calendar of Feasts, in other world religions, in European cultures and native practices of North America, South America, Asia and Africa.

By Fr. Randy Sly

Thanksgiving Day has become a time when we watch parades and then take in large amounts of food and football. According to some calculations, 46 million turkeys-around 550 million pounds-will be consumed during Thanksgiving this year. But that's not how it began! ... continue reading


Thanksgiving Day: We are Still One Nation - Under God Watch

Image of The sincere sentiments expressed by this extraordinary leader, George Washington, should inform our response to all of the challenges we face today in the United States of America. We are still one Nation - under God. They should also inspire us to pray for great leaders to emerge in this our great hour of need. Leaders who can help us see this as an hour of opportunity and an invitation to reaffirm our reliance on God.

By Deacon Keith A Fournier

This week the people of the United States of America struggle to find a way through the trauma we are experiencing in the wake of the riots in Ferguson, Missouri. Too many self-appointed "experts" seem all too eager to tell us what divides us. However, even in ... continue reading


Acknowledging Unknown Soldier over known soldiers: Over 1.2 million veterans lack health insurance Watch

Image of As a culture, many of us feel more comfortable honoring the tomb of the Unknown Soldier --

By Catholic Online (NEWS CONSORTIUM)

As many leave laurels at the tomb of the Unknown Soldier, the United States refuses to acknowledge the health and benefits of known soldiers. While most people assume that veterans automatically receive health care coverage through the Veterans Health ... continue reading


Ferguson in flames as policeman who shot, killed teenager found not guilty Watch

Image of Police claimed they came under heavy automatic weapon fire. Some buildings were left to burn because of the danger.

By Catholic Online (NEWS CONSORTIUM)

People have responded to violence - with violence. After Police Officer Darren Wilson was been cleared of all charges in the shooting death of black teenager Michael Brown in August. His surrounding community of Ferguson, Missouri has responded with widespread ... continue reading


Priest in Ferguson reports deep mistrust between groups fueling tension Watch

Image of Police in Ferguson move detain a protester.

By Catholic Online (NEWS CONSORTIUM)

A Catholic priest assigned to Ferguson, MO, spoke with Vatican Radio about the "festering" mistrust between the populace and police. LOS ANGELES, CA (Catholic Online) - Vatican Radio shared an interview with Fr. Arthur Cavitt, a parish priest who was asked about the ... continue reading


All U.S. News

Newsletters

Newsletter Sign Up icon

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

Daily Readings

Reading 1, Revelation 15:1-4
1 And I saw in heaven another sign, great and ... Read More

Psalm, Psalms 98:1, 2-3, 7-8, 9
1 [Psalm] Sing a new song to Yahweh, for he has ... Read More

Gospel, Luke 21:12-19
12 'But before all this happens, you will be seized ... Read More

Saint of the Day

Saint of the Day for November 26th, 2014 Image

St. John Berchmans
November 26: Eldest son of a shoemaker, John was born at Diest, Brabant. He ... Read More

Inform, Inspire & Ignite Logo

Find Catholic Online on Facebook and get updates right in your live feed.

Become a fan of Catholic Online on Facebook


Follow Catholic Online on Twitter and get News and Product updates.

Follow us on Twitter