Louisiana court’s ruling that Catholic priest testify about confession criticized by Baton Rouge Diocese:

8/12/14
 
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from The Times -Picayune,
7/7/14:

The Catholic Diocese of Baton Rouge has issued a statement decrying a decision by the Louisiana Supreme Court that could compel a local priest to testify in court about confessions he might have received. The alleged confessions, according to legal documents, were made to the priest by a minor girl regarding possible sexual abuse perpetrated by another church parishioner.

The statement, published Monday (July 7) on the diocese’s website, said forcing such testimony “attacks the seal of confession,” a sacrament that “cuts to the core of the Catholic faith.”

The statement refers to a lawsuit naming the Rev. Jeff Bayhi and the Catholic Diocese of Baton Rouge as defendants and compels Bayhi to testify whether or not there were confessions “and, if so, what the contents of any such confessions were.”

“A foundational doctrine of the Roman Catholic Church for thousands of years mandates that the seal of confession is absolute and inviolable,” the statement says. “The position of the Diocese of Baton Rouge and Fr. Bayhi is that the Supreme Court of Louisiana has run afoul of the constitutional rights of both the Church and the priest, more particularly, has violated the Establishment Clause and the separation of Church and State under the first amendment.”

The petitioners claimed Bayhi was negligent in advising the minor regarding the alleged abuse and failed his duty as a mandatory reporter in compliance with the Louisiana Children’s Code. It also holds the diocese liable for failing to properly train the priest regarding mandatory reporting of sexual abuse of minors. Defendants claimed, in addition to other points of law, that only the sexual abuse suspect was liable for the suffering the minor endured.

Bayhi acted appropriately in refusing to testify, the statement says, and the nature of “sacred communications” received during confession are confidential and legally exempt from mandatory reporting.

“This is not a gray area in the doctrines of the Roman Catholic Church,” it says, noting a priest or confessor who violates the seal of confession is automatically excommunicated, barring action from the Pope. The statement also says the church is willing to take the issue to the U.S. Supreme Court.

“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 child testified during deposition that Bayhi’s advice to her was to handle the issue herself because “too many people would be hurt.” Court documents also say she testified, “He just said, this is your problem. Sweep it under the floor.”

The child testified during deposition that Bayhi’s advice to her was to handle the issue herself because “too many people would be hurt.” Court documents also say she testified, “He just said, this is your problem. Sweep it under the floor.”

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