Wednesday, October 16, 2019

Protecting Confessions or Protecting Child Abusers?


California State Senator, Jerry Hill, has created a great uproar within the Catholic community. Senator Hill brought attention to one of the oldest accusations in the book, which is that priests not only molest children, but they also get away with it. We have all heard the puns made about priests liking little boys but we tend to ignore the horrific truth behind these jokes. Survivors of child abuse at the hands of Catholic priests goes on without the bat of an eye. Their painful stories go uncared for due to the religious hierarchy that makes it so that priests are untouchable beings within their communities. 


In the year 2019, Senator Hill pushed to pass the Senate Bill 360. This bill would have unseal the confidentiality between priests. If a priest were to confess to another clergymen about his involvement in child abuse, then the priest that is confessed to must then report this to the authorities. The purpose of this bill was to prevent the further abuse of more children and to bring peace to those who have suffered. 

Although this may sound fair to some, it is a complete violation and abuse of governmental power to others. Confession is a sacred moment in the Catholic faith where sinners are allowed to repent their sins in hope to release themselves from their worldly vices. The secretion and confidentiality of confession is what keeps the sacrament so pure. This is a vital step to achieving complete forgiveness from God and therefore, opening the doors for heaven. Furthermore, many would argue that the reason why confession works is because the sinner knows that they can reveal all of their sins and will only receive God’s judgement and forgiveness through the words of the priest at the confession stand. 

If the Senate Bill 360 were to be passed it would mean that priests would have to hold their tongues back during their own confessions. However, this bill would only apply to cases of child abuse. If a priest were to confess to other illegal activities, those wouldn’t be reported to the authorities. Nevertheless, it is still viewed as the state overstepping their role within the Catholic faith. Los Angeles Archbishop José H. Gomez, argues that if this bill is passed then it will not only be “a mortal threat to the religious freedom of Catholics” but it will also “allow the government to enter into our confessionals to dictate the terms of our personal relationship with Jesus.” Through these statements, Archbishop Gomez also called for the unity of all Catholic priests and followers around the world. Thus came the #KeepTheSeal campaign that would deliver thousands of signatures, letters and emails to the lawmakers in California in an effort to prevent the Senate Bill 360. 
So far, this case is unlike any other case we have reviewed in our class. This is a case of deciding whether the Free Exercise Clause trumps over the protection of the innocent young children of America. 

As a person who was raised Catholic, I completely understand the importance of the sacrament that is confession, however, I do not believe that it should be used to shield child predators. If a priest were to confess to abusing children and is repenting then he should also repent in the eyes of the American law. The damage that he has done to children should also be paid for during his time on Earth and not just during a twenty minute confession conversation. If a person truly repents for their actions then they should be prepared to pay their dues by the way the American court sees fit. There is no “prayer fee” assigned to a rapist that can fully bring peace to rape victims. Who is to say that they won’t do it again after confessing their sin?

The sacrament of confession will still be practiced and priests will still be trusted, in no way will this bill stop the free exercise of religion to Catholic followers. What this bill will do is bring justice to the children who cannot defend themselves and feel towered by the authority of Catholic priests. 
Despite my own opinion, Senator Hill has withdrawn the bill for this year due to the lack of support for it. There is hope for the bill to be reopened in the following years but not for 2019. Hopefully support for the Senate Bill 360 will gain momentum in the following months and even inspire other states to think of their own version of the Senate Bill 360. 

Child abuse is child abuse, rape is rape, it does not matter who does it, once it’s done the child’s life is changed forever. Why should the abuser’s life stay the same? 

For more information click on the links below: 

Angelus News: “SB 360 withdrawn by sponsor day before key hearing”

The Sacrament to Be: “Here’s some penance: The state wants to hear church confessions about abuse, let it”

8 comments:

  1. This case truly is unique from the cases we have stated in class. While I agree with the author's argument that this type of confession should be made public, I find the logic behind the law itself as blatantly comedic. When observing the law from the point of view of the priests, why, after hearing about the existence of the law, would they ever confess their sins to other priests about child molestation? By creating this law, it absolutely eliminates any communication about the issues at hand within the priesthood. This is not the solution to this horrible issue. So, although the law at issue certainly does not violate the Free Exercise Clause, it is inherently pointless.

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  2. I believe the Senate Bill 360 should be passed and it is not unconstitutional. The issue here is regarding the infringement of Catholic’s free exercise of religion. I argue that the secular purpose behind the bill outweighs the burden placed on Catholics. The secular purpose behind the bill is to prevent the further abuse of more children and to bring peace to those who have suffered from abuse, a purpose few can argue with its importance. Additionally, I strongly disagree with Archbishop Jose H. Gomez in his statement that the bill would be “a moral threat to the religious freedom of Catholics,” as the bill does not affect any aspect of Confession other than bringing justice to rapists.

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  3. I agree with both Nathan and Bess in their above comments. This bill should be passed due to its overwhelming secular purpose. Protecting the mental and physical health, safety, and rights of children outweighs the burden placed upon Catholics. Allowing this provision to confession does not affect non-child abusers, and those doesn't violate the Free Exercise clause. Furthermore, even if this bill is passed, priests would avoid confessing these sins, thus not solving the problem of child molestation.

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  4. I agree with the author and the previous comments that the Senate Bill 360 should be passed. The health and safety of these individuals outweighs this burden onto Catholics sacramental confession. The bill has a clear secular nature that helps try to prevent individuals going through further abuse. As Evelin stated that this is not an infringement on the free exercise of religion to Catholics because the bill’s primary purpose is to help bring justice to these children who have gone through child abuse.

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  5. I both agree and disagree with my classmates. I agree with Nate and other commenters that the law is pointless; any priest who knew this law (if it was passed) would not confess to their abusing young children. I disagree with my classmates, however, that this law is constitutional. The law does even hold the abuser responsible, but rather it places an undue burden on another clergyman to report the crime. If the law were to pass, the government would be coercing and regulating speech (and not even the speech of the person who committed the crime!) in a religious context. Obviously this is a horrific problem, but this legislation would not address the systemic corruption in the Catholic Church (including the abuse of young children by religious leaders) and inhibit the free exercise of religion for law-abiding citizens.

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  6. This comment has been removed by the author.

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  7. Correction: it should say "the law does NOT even hold the abuser responsible..."
    Also, it should say "and also would inhibit the free exercise..."

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  8. This law should be allowed to be passed and should be done with the swiftness. There is no need for confession or the protection of it, especially when it relates to the abuse of a child. The child's life is far more important and the protection of other children or anyone is to be valued over the supposed confidentially of the confession. There have been over 500 new cases of child abuse involved in the catholic church, and this bill stands as a protection for the people who may be worried the same thing can happen to them or their child

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