The seal of confession and mandatory reporting: a survey of state laws

NEW YORK (NY)
America Magazine

July 1, 2019

By Ellen K. Boegel

The Catholic Church is campaigning against California’s proposed changes to its mandatory child abuse reporting law that could compromise the ancient Catholic defense of the “seal of the confessional.” Currently, clergy members are mandated reporters of child abuse and neglect, but need not report abuse if their reasonable suspicions are based on “penitential communications.” Several bills have been proposed that would eliminate or limit this reporting exception.

The version of SB 360 passed by the California Senate and scheduled for a July 9 hearing before the Assembly’s Public Safety committee narrows the definition of penitential communications to those similar to the Sacrament of Reconciliation, in that they must be “made in the manner and context that places the clergy member specifically and strictly under a level of confidentiality that is considered inviolate by church doctrine.” The bill,…