Delaware Judge: Priest-Penitent Privilege May be Unconstitutional

Catholic Culture ^ | 2/4/16

[Ransomed]

That’s not my understanding at all, but I am certainly no expert. I thought they make it that the priest can’t be released from the privilege by the penitent no matter what. Because the Church is afraid the person might be induced against their actual will by the state or whoever to ask for the priest to tell what he knows about any alleged confession that was given. I could be wrong.

It seems to me that if it the way you say, I guess my question is why haven’t we heard about court cases where a confession was divulged by a priest to solve it? Or have has there been and we just haven’t heard about it? Do you think the La diocese just doesn’t know how it is supposed to work, or are they fighting this because they don’t want to payout?

freegards

[al_c]

Agreed. But this would be a very slippery slope to force priests to break their oaths.

[johniegrad]

Checked with the canon lawyer who agrees with you concerning his inability to even refute accusations against a priest made but a penitent.

I think my confusion arose from several different roles I have had.

I retired from the medical profession where the privilege in a doctor patient relationship belongs to the patient who can waive it at any time.

Now as a deacon I provide expert witness testimony for our tribunal for annulment cases where a slightly different view occurs concerning confidentiality.

But I better understand the priest penitent relationship now which requires an even more strenuous application of the privilege because the priest not only has to protect the confession of his penitent but also the sacrament itself which could be compromised even if he were to respond to allegations and even if his accuser/penitent wanted him to.