In Odoi-Oywelowo v. Attorney General, (Const. Ct. Uganda, April 3, 2024), Uganda's Constitutional Court in a unanimous 203-page opinion upheld the constitutionality of most of the country's Anti-Homosexuality Act, 2023. The Act bans homosexuality and the promotion of homosexuality and contains various enforcement provisions. Plaintiffs contended that the law violated a number of provisions of the Ugandan Constitution, including protections of human dignity, equality, privacy and expression. While upholding most of the law, the court struck down provisions that punish unintentional transmission of HIV and provisions prohibiting leasing or allowing of premises to be used for homosexuality. It also found that Section 14 of the Act that imposed a duty to report homosexuality and gave immunity to a person who reports it in violation of a privilege violates the constitutional rights to health, privacy and freedom of religion. That provision would have presumably required clergy who learn of homosexuality in privileged conversations to report it. Reuters reports on the decision.
Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Thursday, April 04, 2024
Thursday, February 01, 2024
Recorded Statements Made to Church Leaders and Pastor Not Privileged
In State of Florida v. Gonzalez, (FL App., Jan. 31, 2024), a Florida state appellate court held that a video recording of a meeting between defendant and some 14 to 20 church leaders (including the pastor) did not meet the statutory requirements for the communication to be privileged. The court reversed the trial court's grant of defendant's motion to suppress the video at defendant's trial for sexually molesting the church pastor's 12-year-old granddaughter. The pastor called the meeting and instructed defendant "that he would need to explain to the church leaders the details of what he had done and that he would need to ask for forgiveness." The court said in part:
We reject the State's attempt to frame the communication here as being made only to S.S. [the victim's mother] and to the other church leaders. Having viewed the video and reading the transcript therefrom, we conclude that M.S., Gonzalez's pastor, was among the recipients of Gonzalez's communication and, therefore, that part of section 90.505(2) was met. However, the privilege requires more than just a statement being made to a member of the clergy. The dispute in this case centers on the other requirement: that the communication was confidential. And that part of the test requires that the communication be "made privately for the purpose of seeking spiritual counsel or advice from the member of the clergy in the usual course of his or her practice or discipline and not intended for further disclosure except to other persons present in furtherance of the communication." § 90.505(1)(b)....
Wednesday, May 24, 2023
Court Defines Clergy-Penitent Privilege Under Montana Law
Caekaert v. Watchtower Bible and Tract Society of New York, (D MT, May 22, 2023), involved a motion by plaintiff to compel production of documents that the Jehovah's Witnesses parent body withheld in discovery claiming clergy-penitent privilege. At issue were reports from congregations to the parent body of known child molesters currently or formerly in appointed positions in the congregation. In defining the scope of the clergy-penitent privilege, the Montana federal district court said in part:
The Court recognizes the deference it must give religious groups in the organization of their internal affairs. However ... such deference does not mean a religious organization determines for the Court what is privileged merely by contending that it is confidential under the religious body's doctrine...
At the same time, the Court recognizes that the privilege is not so narrow so as to exclude non-penitential statements made in the course of the church's disciplinary process....
Friday, January 10, 2020
Wife of Sex Offender Sues Church For Reporting Confessed Abuse
The clergy portrayed that such a confession and repentance was dictated by church doctrine, and church doctrine required strict confidence of such confessions, according to the lawsuit.....
But what leaders failed to advise Johnson of is that if he confessed to the abuse, they would report his actions to local law enforcement, according to the lawsuit.
The lawsuit filed in Oregon singled out a man who served as a counselor to Johnson's bishop, claiming the church failed to properly supervise him and train him of his obligations as a member of the clergy.The suit seeks damages of $9.5 million on behalf of Johnson's wife and four children.
Jehovah's Witness Practices Are Within Confidentiality Exception To Mandatory Abuse Reporting
[W[e decline to conduct further inquiry into the validity of Jehovah’s Witnesses’ tenets and doctrines, including its canon and practice for adherence to a requirement of confidentiality in handling child abuse reports. Jehovah’s Witnesses representatives testified that its process for addressing these reports is strictly confidential, notwithstanding the involvement of numerous church clergy and congregants....
We hold accordingly that the undisputed material facts in the summary judgment record demonstrate as a matter of law that Jehovah’s Witnesses were not mandatory reporters under § 41-3-201, MCA, in this case because their church doctrine, canon, or practice required that clergy keep reports of child abuse confidential, thus entitling the Defendants to the exception of § 41-3-201(6)(c), MCA. The reporting statute as written accommodates Jehovah’s Witnesses’ definition and practice of confidentiality.[Thanks to James Phillips for the lead.]
Wednesday, July 03, 2019
Vatican Reiterates Inviolability of Confessional
Any political action or legislative initiative aimed at "forcing" the inviolability of the sacramental seal would constitute an unacceptable offense against the libertas Ecclesiae , which does not receive its legitimacy from individual States, but from God; it would also constitute a violation of religious freedom, legally fundamental to all other freedoms, including the freedom of conscience of individual citizens, both penitents and confessors. Breaking the seal would be tantamount to violating the poor who is in the sinner.The Apostolic Penitentiary is a Vatican tribunal dealing with issues of confession and absolution. According to an AP report, Cardinal Piacenza, head of the tribunal, issued a statement interpreting the Note, and saying in part:
It’s opportune to make clear that the text of the statement cannot and doesn’t want to be in any way a justification or a form of tolerance of the abhorrent cases of abuse perpetrated by members of the clergy.
No compromise is acceptable in promoting the protection of minors and of vulnerable persons and in preventing and combatting every form of abuse, in the spirit of that which has been constantly reiterated (by Francis).[Thanks to Tom Rutledge for the lead.]
Saturday, June 16, 2018
Florida Appeals Court Upholds Priest's Objections To Testifying About Statements Made In Confessional
.. [I]f Ronchi complies with the State’s demand that he testify as to his communications with the alleged victim during the Sacrament of Reconciliation, Ronchi would be forced to engage in conduct that is prohibited by the Catholic Church (and, indeed, would subject him to possible excommunication from the Church). Thus, the trial court’s order can only be upheld if the State establishes that coercing Ronchi’s testimony furthers a compelling governmental interest and is the least restrictive means to further that interest.
Here, it is undisputed that the State has a compelling governmental interest in prosecuting sex offenses perpetrated against children....
However, we disagree with the State’s contention that coercing Ronchi to testify ... would be the least restrictive means to further its compelling governmental interest of prosecuting Burton. First, as the State acknowledges, the testimony of Ronchi would, at most, be corroborative evidence.... Second, this case does not involve a child victim who, because of his or her tender age, might be unable to adequately testify as to the alleged sexual abuse. The alleged victim in this case is now an adult, and there is nothing in the record that suggests that she would be unable to testify as to the relevant events.
Tuesday, August 15, 2017
Australian Commission Recommends That Child Sex Abuse Learned In Confession Must Be Reported To Authorities
The report recommends making failure to report child sexual abuse in institutions a criminal offence. This recommendation extends to information given in religious confessions. Clergy should not be able to refuse to report because the information was received during confession.
Persons in institutions should report if they know, suspect or should have suspected a child is being or has been sexually abused.
The Royal Commission heard of cases in religious settings where perpetrators who made a religious confession to sexually abusing children went on to reoffend and seek forgiveness. The report recommends there be no exemption, excuse, protection or privilege from the offence granted to clergy for failing to report information disclosed in connection with a religious confession.AP reports on the Commission's action.
Thursday, March 02, 2017
Suit Over Priest's Breach of Confessional Secrecy Is Dismissed
Plaintiff's claims fall within the scope of internal religious affairs as they are predicated on: (1) the breach of the sacramental seal of confession, as defined by the Roman Catholic Church; and (2) Bishop Jarrell's failure to remedy the breach in accordance with church doctrine. In order to discern whether Plaintiff has asserted meritorious claims against Defendants, the Court would have to interpret church doctrine relating to the sacrament of confession and otherwise encroach upon the internal affairs of the Roman Catholic Church. Application of long-standing First Amendment jurisprudence, therefore, mandates that this Court refrain from considering Plaintiff's claims.
Saturday, October 29, 2016
Louisiana Supreme Court Says No Mandatory Reporting of Abuse Discovered In Confessional
Because the provisions of La. Child. Code art. 609 speak only to “mandatory reporters,” a priest when administering the sacrament of confession has no duty to report any confidential communications made during the confession that, by the tenets of the Roman Catholic Church, he is authorized to hear and is also duty bound to keep confidential.(See prior related posting.)
Tuesday, August 23, 2016
In Discovery, Most Documents Fail Clergy-Penitent Privilege
Tuesday, August 02, 2016
Penitent May Testify To Her Statements To Priest In Confession
The statements sought to be excluded were made during the Sacrament of Confession, which is one of the central institutional practices of the Roman Catholic Church. Pursuant to the "seal of confession", a priest is prohibited from revealing anything learned during confession under any circumstance.... The violation of the seal of confession subjects the priest to automatic excommunication.... Accordingly, allowing Plaintiffs to mention, reference, or introduce evidence at trial of the confessions at issue will place an undue burden on Father Bayhi' s right to the free exercise of his religion and violates the constitutional command of separation of church and state. La. Const. art. I, § 8.
Monday, February 29, 2016
State Exception To Priest-Penitent Privilege Violates Louisiana Religious Freedom Act
Tuesday, February 02, 2016
Court Says Priest-Penitent Privilege From Reporting Child Abuse May Be Unconstitutional
Wednesday, September 09, 2015
Clergy-Penitent Privilege Does Not Shield Disclosure of Writer of Defamatory Letter
The writer was a volunteer for a religious-education program conducted by the parish and had the responsibility of monitoring the children in the program. In our view, at least on the present record, the statements in issue are simply not of the character of a confession or admission for which the writer was seeking spiritual guidance. Rather, they are outlining a potential source of risk for the parish and the children if J. Doe were to repeat such conduct while participating in the educational program offered by the parish. This is fundamentally not a matter of conscience for the writer; rather it is a matter of risk management for the writer as an agent of the parish and a guardian of children. Accordingly, we hold that the clergy-penitent privilege is simply inapplicable.