“if the penitent waives the right to confidentiality”
Has NOTHING to do with the Priest’s solemn responsibility to maintain silence.
The Priest may face charges by telling the girl not to reveal the abuse. That is the probable reason the Church was fighting the order
Why would communication between a felon and a priest be treated any different than communication to a neighbor or a family member?
Before you jump all over me, hear me out.
Courts are very particular about evidence. In fact there is a legal rule about hearsay evidence. In short, one person can not say what another person said.
hearsay rule
n. the basic rule that testimony or documents which quote persons not in court are not admissible. Because the person who supposedly knew the facts is not in court to state his/her exact words, the trier of fact cannot judge the demeanor and credibility of the alleged first-hand witness, and the other party’s lawyer cannot cross-examine (ask questions of) him or her.
Forcing a priest to break the seal of confession automatically creates a hearsay condition - AND SHOULD NOT BE ADMITTED AS EVIDENCE.
I fully support this priest packing his bags and spending time in jail, as does the church, in that he is doing the right thing. Hopefully he will be comfortable and well taken care of.
It will hopefully enrage Louisiana Catholics so much that they will demolish those responsible in the next election.
Yeh start throwing priests in jail for not breaking the confidentiality of the confessional. That will really go over big.
Unwarranted government interference in religion. This regime particularly hates religious people.
Good news.
Can you imagine the outrage if something like this happened to a Muslim leader?