Delaware judge: priest-penitent privilege may be unconstitutional

DELAWARE
Catholic Culture

[court decision]

February 04, 2016

A Delaware superior court judge has questioned the constitutionality of a state law that protects the secrecy of sacramental confession.

State law mandates the reporting of suspected child abuse except in cases covered by the attorney-client privilege and conversations “between priest and penitent in sacramental confession.”

Ruling in a case involving the failure of elders of the Jehovah’s Witnesses to report child abuse, Judge Mary M. Johnston said that if “priest,” “penitent,” and “sacramental confession” are interpreted narrowly, then the law is unconstitutional because its “effect would be to advance certain religions over others.”

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