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Protecting seal of confession essential for civilized society

Faithful trust the privacy of the sacrament, allowing complete honesty

Published: July 30, 2019   
CNS / Chaz Muth
Penitent Ethan K. Alano prays after confession at Queen of Peace Church in Salem, Ore., May 3.

SALEM, Ore. — When Ethan K. Alano walks into the reconciliation room at Queen of Peace Church in Salem, he bares his soul before God and goes into detail about his sins during confession. Alano’s trust in the priest is solid.

He is certain that anything he says in the confessional is confidential, allowing him to air his sins in complete specificity so that he may receive a just penance, reaffirming his relationship with the Lord.

That penitential confidence is a centuries-old rite in Catholicism and protecting it from governmental intrusion goes beyond tradition, religious freedom and Church law, said Auxiliary Bishop Peter L. Smith of Portland, who also is a canon lawyer.

It disenfranchises the sacrament if the faithful believe there is the slightest possibility that civil authorities could compel a priest to reveal what they have shared in the confessional, Bishop Smith told Catholic News Service in a May interview.

In the confessional, “people encounter the mercy of God,” he said. “They encounter God’s forgiveness of them, but they also encounter the Lord helping them to live their lives more fully as he calls them to. So, that’s what we should experience in the sacrament of reconciliation.”

It’s the humanitarian benefit for the individual and society that has motivated the Church in making the priest-penitent privilege absolute.

So much so that the Code of Canon Law states the penalty for a priest who violates the seal of confession is automatic excommunication, which can only be lifted by the pope himself.

The punishment is that severe because penitents must be able to confess their sins in specificity in order to be reconciled with God and trust that the priest will honor confidentiality of the confessional, said Father Thomas V. Berg, professor of moral theology at St. Joseph Seminary in Yonkers, N.Y.

The sanctity of the seal of the confession frequently prompts priests to assert that it’s an easy choice to make when deciding if they will obey a civil law that would compel them to reveal information heard in the confessional or face Church penalty and eternal damnation.

“I would never, ever allow them to force me to tell them anything I heard in the confessional,” said Father Lawrence C. Goode, pastor of St. Francis of Assisi Church in East Palo Alto, Calif. “Certainly, I’d be willing to go to jail over it.”

Elected officials in the United States, Australia, the United Kingdom, Ireland and Chile have in recent years proposed laws that would compel priests to violate the seal of confession to report cases of child sexual abuse disclosed in the confessional.

While priests, bishops and Catholic leaders are especially sensitive to the need to bring those who sexually abuse children to justice — given the scandals that have dogged the Church in recent years — they object to any violation of the priest-penitent privilege in the confessional.

Historically, the Church has affirmed the inviolability of the seal frequently, from the Fourth Lateran Council in 1215 through the Catechism of the Catholic Church and the 1983 Code of Canon Law.

What we know today as penance, or reconciliation, wasn’t always a one-on-one confession between the priest and penitent.

“Clearly, the ministry of forgiveness and reconciliation is part of the mission entrusted by Christ to the apostles,” said Father Ronald T. Kunkel, theology professor at Mundelein Seminary at the University of St. Mary of the Lake in Illinois, near Chicago. “So, reconciliation began as a process whereas those who had been baptized, but had fallen into serious sin after baptism, could be reintegrated into the community” and receive the Eucharist.

In the early centuries of the Church, reconciliation was a public process, Father Kunkel told CNS. In the sixth century, when monks from Ireland began to travel throughout continental Europe, they brought with them their penitential practices of the Church, which included individual, repeatable confession.

That model became popular and after some resistance it was accepted throughout the Church, Father Kunkel said. It allowed confession to be private, confidential and frequent, he said.

Weekly confession for Elizabeth E. Santamaria of Palo Alto, Calif., has provided her with the serenity and stability she says she needs as she and her husband prepare for the birth of their first child later this year.

“Because I go to confession about once a week, I’m routinely examining my conscience in preparation and the counsel I receive from the priest as he gives me my penance is invaluable,” Santamaria said. “Not only does it unburden me of my sins, I believe it makes me a better person and a better citizen of the world.”

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