BISHOP ROBERT BARRON: How state law could force priests to choose between jail or excommunication
When I was auxiliarybishopin Los Angeles some years ago, I spoke up at a meetingoftheCalifornia hierarchy.We were considering a numberofmoves being made bythestate legislature, including a proposal to require priests to breakthesealofconfession in matters dealing with child sex abuse.I remember saying, "Brothers, I think we have to draw a line inthesandonthisone."Andso we did. In everydioceseandarchdioceseofthestate,thebishops rousedtheir people to oppose this legislation.Thegood CatholicsofCalifornia consequently flooded Sacramento with lettersandpetitions ardently defending Catholic prerogatives andthelegislators backed down.It was a victoryandan importantone. However, similar laws have gone into effect in six other statesandmost recentlythestateofWashington legislated alongthesame lines, requiring priests to violate confidence, even as it exempts healthcare professionalsfromthesame obligation.Happily,thebishopsofWashington have filed suit to preventtheimplementationofthis law,andthey have been joined bytheJustice Department itself. I was very pleased to submit, withthehelpoftheThomas More Society, anamicus curiaeletter in supportofmy brotherbishops.As I said years ago in California, we have to draw a line inthesand.WHAT LEO'S CHOICE OF NAME TELLS US ABOUT THE NEW POPENoone doubts thatthemotivation behindthese legislative moves is a deepandaltogether legitimate concern forthesafetyofchildren.Catholics share this preoccupation.Indeed, beginning withtheimplementationoftheDallas accordsof2002, no institution intheworld has done more to assuretheprotectionofyoung peoplefromsexual predation thantheCatholic Church.Moreover, everybishop, priest, deaconandlay minister is a mandated reporter, meaning that he or she is obligated by law to convey tothecivil authorities any claimofthesexual abuseofa minor.Further, allofthose leaders are required to follow,ona constant basis, training in regard to this issue.If you doubt my own dedication to eradicatingthescourgeofclerical sexual misbehavior, take a look at my book"Letter to a Suffering Church."However,thedemand to report cannot be, for Catholics, absolute inthemeasure that it impinges upontheconfidentialityoftheconfessional. Our belief is that inthesacramentofreconciliation, a penitent opens her heart to Christ himselfandreceives absolution, which is to say, healing atthelevelofthesoul.MORNING GLORY: LEO'S LAUNCHWhat transpires intheprivacyoftheconfessional is,froma spiritual standpoint, a matteroflifeanddeath.Ifthere were,therefore,onthepartofa prospective penitent, eventheslightest suspicion that what he confesses might be shared publicly, he would not seek out this fontofgraceandtheintegrityofthesacrament would be utterly compromised.This is why, too,thebreakingoftheseal results in automatic excommunicationofthepriest in question.Andthis explainstheawful dilemma currently presented tothepriestsofWashington state:eitherthey breakthesealofconfession (andhence face excommunication) orthey remain faithful tothesacrament (andhence face jail time).God knows thattheChurch has faced, overthecenturies, more brutal persecutiononthepartofcivil authority, but no Catholic priest in America should be subject to this sortofmistreatment.Permit me to double-downontheproperly American dimensionofthis question. TheFirst Amendment totheConstitution has two very important things to say about religion.CLICK HERE FOR MORE FOX NEWS OPINIONThefirst relevant clause stipulates that "Congress shall make no law respecting an establishmentofreligion." This means thatthesortofarrangement that was obtained in 18th-century England betweenthegovernmentandtheChurchofEngland should not obtain intheUnited States. In otherwords,there should not be, in our country, anyone religion that is specially favored or authorized by Congress.Butthesecond relevant clause, less well-known, stipulates that Congress shall make no provision interfering with "thefree exercise"ofreligion.Though no particular church can be institutionally favored, all churches should be free to expressthemselves inthepublic forum.Mind you, this goes beyondthemere permission to worship asone sees fit; it includestheexerciseofones faith inthecivic arena.Andthere istherub.For allofthese laws, which directly targettheintegrityoftheconfessional, are egregious violationsofthefree exercise clause.They militate against both a Catholic priests right to hear confessions as is appropriateandagainst a Catholic penitents right to participate inthesacrament without trepidation.So, Catholics should indeed rise up against this lawofthestateofWashingtonandthose like it in other states, but I would insist that all loyal Americans should do so as well.Forthemoment,thestate is threateningtheCatholic Church, but if this is allowed to endure, what will prevent itfromcoming, in time, afterthefree exerciseofother religions?Therefore, I say to my Catholic brothersandsisters, but also to all my fellow Americans, "Dont sit still, draw a line inthesand, fight back."CLICK HERE TO READ MORE FROM BISHOP ROBERT BARRON