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Court Protects Seal of Confession

confessionA Louisiana judge ruled in favor of the Church when he struck down a state requirement aimed at forcing clergy members to divulge crimes shared in private confessions.

According to the Associated Press, the decision was made by State District Judge Mike Caldwell in a case concerning a 22 year-old woman who, at the age of 14, told Father Jeff Bayhi of the Diocese of Baton Rouge during confession that she was being sexually abused by a 64 year-old parishioner. The woman claimed that Bayhi, who serves as pastor of Our Lady of the Assumption parish in Clinton, told her to “sweep it under the floor and get rid of it.”

Bayhi refused to testify in the case, saying that he would be automatically excommunicated if he revealed what was said in confession.

In July, 2014, the Louisiana Supreme Court ordered a hearing to determine whether the girl mentioned the alleged abuse in her confession, claiming that the seal of confession only protects the penitent.

This was an error and the diocese confirmed that “the seal of confession is absolute and inviolable” and that Father Bayhi is prohibited by canon law from divulging anything he heard during a confession.

“This matter cuts to the core of the Catholic faith,” the diocese said at the time, “and for a civil court to inquire as to whether or not a factual situation establishes the Sacrament of Confession is a clear and unfettered violation of the Establishment Clause of the Constitution of the United States.”

Judge Caldwell agreed and ruled that the requirement, which is a provision of the Louisiana Children’s Code, violates the constitutionally protected religious freedom rights of a priest.

Bishop Robert Muench of the diocese of Baton Rouge issued a statement on Friday praising the decision.

"The court's decision to uphold the First Amendment right to the free exercise of religion is essential and we appreciate the ruling."

The woman’s attorneys are currently evaluating their legal options.

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