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Delaware Judge: Priest-Penitent Privilege May be Unconstitutional
Catholic Culture ^ | 2/4/16

Posted on 02/05/2016 5:55:33 PM PST by marshmallow

A Delaware superior court judge has questioned the constitutionality of a state law that protects the secrecy of sacramental confession.

State law mandates the reporting of suspected child abuse except in cases covered by the attorney-client privilege and conversations "between priest and penitent in sacramental confession."

Ruling in a case involving the failure of elders of the Jehovah's Witnesses to report child abuse, Judge Mary M. Johnston said that if "priest," "penitent," and "sacramental confession" are interpreted narrowly, then the law is unconstitutional because its "effect would be to advance certain religions over others."

(Excerpt) Read more at catholicculture.org ...


TOPICS: Catholic; Current Events; Religion & Politics
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To: Mrs. Don-o

It ain’t how much as that there is any. Funding bringing islam into free countries is insane. Just one hidden case of diddling kids is too much.

It is not hard to be honest and defeat evil. islam, Dindus, illegals and Gibsmedats are evil. Defeat them, don’t defend them.


21 posted on 02/05/2016 6:47:08 PM PST by soycd
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To: soycd

What is your plan, consistent with our Constitution, to eliminate every person in the United States who does things you believe are wrong?


22 posted on 02/05/2016 6:49:18 PM PST by Tax-chick ("We have no values in common with Saudi Arabia."~ Daniel Greenfield)
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To: Sasparilla

Actually, Protestant pastors don’t have the same privelege that Catholiic priests do.


23 posted on 02/05/2016 6:49:41 PM PST by MayflowerMadam (Romans 8:38-39)
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To: Mears
If the Catholic religion is the only one with “sacramental confession” it is unfair to others who confess to their clergymen.

Many of the Protestant religions have similar "Rites of Confession" that are recognized by state and federal laws. An ordained minister/priest/pastor is bound by the seal of the confessional, but they are also bound to protect the innocent. It is possible to do both, just a bit tricky to keep the spirit and letter of God's law with the spirit and letter of Man's law. Telling law enforcement that a child is endangered does not break the seal of the confessional. Telling law enforcement who is endangering the child would, though.

24 posted on 02/05/2016 6:51:04 PM PST by Traveler59 ( Truth is a journey, not a destination.)
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To: Tax-chick

I know it’s complicated by innocent until proven guilty.

If you are guilty of wrong that harms innocents, you must confess and anyone that knows you are guilty of same must turn you in.

How hard can honesty be?


25 posted on 02/05/2016 6:57:11 PM PST by soycd
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To: marshmallow

A judge believes himself above God and religion.

Are we going back to the time of the pharaohs?


26 posted on 02/05/2016 6:57:51 PM PST by doldrumsforgop
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To: MayflowerMadam

Actually, they do. It depends on the state.


27 posted on 02/05/2016 7:03:25 PM PST by Sasparilla
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To: Sasparilla

Oh. I didn’t know that. Dad was a preacher in NY in the ‘50s and ‘60s, and it was a “thing” then and there.


28 posted on 02/05/2016 7:05:09 PM PST by MayflowerMadam (Romans 8:38-39)
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To: soycd

So your plan is simply that anyone who does anything you consider bad will confess to the police on his own initiative?

This seems rather unrealistic to me. As far as I can tell, much of what you consider bad, such as being a welfare recipient, is neither illegal nor considered wrong by the average American.


29 posted on 02/05/2016 7:05:49 PM PST by Tax-chick ("We have no values in common with Saudi Arabia."~ Daniel Greenfield)
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To: marshmallow

Or
The Judge could simply be an idiot.


30 posted on 02/05/2016 7:07:11 PM PST by G Larry (ILLEGAL IMMIGRANTS impose SLAVE WAGES on LEGAL Immigrants.)
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To: CondorFlight

Well there’s that and then you will have no one confessing. Of course I’m sure if one confesses (who is not one of the inner circle priests) then the first item of business is to admit what they have done. So unless they are a priest being protected by the church they can’t be forgiven until they admit what they have done and accept their punishment.

Of course I’m not catholic, but my ex-wife is so I may be wrong on how all that works.


31 posted on 02/05/2016 7:11:48 PM PST by for-q-clinton (If at first you don't succeed keep on sucking until you do succeed)
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To: Tax-chick

It’s okay to be wrong as long as it’s not at the expense of the innocent.


32 posted on 02/05/2016 7:13:14 PM PST by soycd
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To: soycd

Every action taken in error harms someone.


33 posted on 02/05/2016 7:14:41 PM PST by Tax-chick ("We have no values in common with Saudi Arabia."~ Daniel Greenfield)
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To: MayflowerMadam

...Oh, I didn’t know that...

Thats OK.

Uniform Rule of Evidence 505 a guide to The Feds and States defines clergy as a minister, priest, rabbi, accredited Christian Science Practitioner, or other similar functionary of a religious organization, or an individual reasonably believed to be so by the person consulting him. As you can see, the Uniform Rule provides a broad definition; in fact, the privilege would even apply to an individual who is not clergy as long as the parishioner reasonably believed he was. While many jurisdictions have used the Uniform Rule as a guideline, most have altered the definition in one way or another.

For example, Michigan defines clergy broadly, to include a minister of the gospel, or priest of any denomination whatsoever, or duly accredited Christian Science practitioner.


34 posted on 02/05/2016 7:24:41 PM PST by Sasparilla
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To: Tax-chick

>Every action taken in error harms someone.

Sometimes an action with intention harms someone. To kill the ones trying to kill you or loved ones for revenge or hate is not wrong.

I would do it again and again until the evil are gone.


35 posted on 02/05/2016 7:31:59 PM PST by soycd
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To: soycd

I’m sure that’s lovely, but you’ve taken quite a step from wiping out all welfare recipients, petty criminals, and illegal immigrants, as your previous posts suggested. Of course, every single one of them could be trying to kill you or your loved ones, I suppose ...

You’re awfully vague on what you want done, exactly, not to mention how it relates to the seal of the confessional. Perhaps you imagine that all sorts of high-level criminals, child molesters, and members of the U.S. Senate are rushing to confess on Saturday from 4:30-ish to maybe five of five. Like in the movies.

Nope. Old people. Middle-aged moms, guilt-wracked, with kids who don’t think they’ve done anything wrong ... kind of like most real criminals and U.S. Senators.


36 posted on 02/05/2016 7:37:37 PM PST by Tax-chick ("We have no values in common with Saudi Arabia."~ Daniel Greenfield)
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To: Tax-chick

As long as their sins harm none other than themselves, I’m good with it.


37 posted on 02/05/2016 7:39:47 PM PST by soycd
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To: CondorFlight
All that will happen is that you will have a lot of priests in jail for refusing to break the seal of the confessional. You won’t get the info from them, and society will be short of priests.
But that will probably be just fine with our Brave New World agendistas...
(If we had better judges who understood where our freedoms come from, and how hard it was to obtain them, and how easy it is to fritter them away, we wouldn’t have such crackpot decisions. )

ALL true!

38 posted on 02/05/2016 7:44:27 PM PST by cloudmountain
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To: soycd

What on earth does that have to do with the sacrament of reconciliation? Or is that just another driveby shot at the RCC?


39 posted on 02/05/2016 7:56:31 PM PST by al_c (Obama's standing in the world has fallen so much that Kenya now claims he was born in America.)
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To: Mears

“If the Catholic religion is the only one with “sacramental confession”...”

It isn’t. Eastern Orthodox, and even some Lutherans and Anglicans have it too. And I thought it extended to all faiths when it came to confidential matters. http://enrichmentjournal.ag.org/201002/ejonline_201002_Pastor_Confid_.cfm


40 posted on 02/05/2016 8:05:04 PM PST by vladimir998 (Apparently I'm still living in your head rent free. At least now it isn't empty.)
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