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Wednesday, March 02, 2016

Mum's the Word

A Louisiana judge has ruled unconstitutional a new state law requiring priests to report sexual abuse that is mentioned in a sacramental confession.


Judge Mike Caldwell made his ruling in a long-running and complicated case in which Father Jeff Bayhi had been directed to testify about what a young woman reportedly told him in a confession. The young woman has said that she told Father Bayhi about being molested by a member of his parish. Father Bayhi had refused to testify, citing the inviolability of the confessional seal.


Judge Caldwell ruled that the state law making priests mandated reporters of sexual abuse was unconstitutional insofar as it applied to confessions, since it violated religious freedom. 
In an earlier phase of the case, the Louisiana Supreme Court had said that Father Bayhi could be required to testify, because in this case the penitent had waived the protection of the confessional seal. Church officials pointed out that the seal cannot be waived, and a priest cannot reveal the contents of a confession under any circumstances. Last year the US Supreme Court had declined to hear the case.