Folia Theologica et Canonica 10. 32/24 (2021)

Ius canonicum

MANTADORY REPORTING LEGISLATION AND THE SEAL OF CONFESSION... 79

sembly the Charter for the Protection of Children and Young People,36 namely the Essential Norms for Diocesan/Eparchial Policies Dealing with Allegations of Sexual Abuse of Minors by Priests or Deacons, developed by the Ad EIoc Committee on Sexual Abuse of the USCCB and by the Vatican-U.S. Bishops' Mixed Commission on Sex Abuse Norms and the this third revision was approved at the June 2018 Plenary Assembly.37 The American Bishops acknowledged their mistakes and in 2018 they renewed their “deep commitment to sustain and strengthen a safe environment within the Church for children and youth”.38

In order to protect the strict confidentiality in a pastoral setting, where the Christian faithful open fully their conscience to the priest, who is a not only representing Christ, but whereas is a sacramental identification between the priest and Christ taking place,39 whereas the seal of confession based on natural law of confidentiality protects this confidential setting, whereas protects the sacrament of Penance itself and ensures the freedom of worship, it would be right and just that civil laws uniformly at least treat the seal of confession inviolable and sacred as that is the case of attorney-client privilege.

b. California Bill SB 360

A 2019 California bill SB 360 authored by a Bay-area Democrat, Sen. Jerry Hill,40 passed the state senate (legislators voted 30-2) but was withdrawn shortly before it was to be debated in an assembly committee. This bill sought

36 See the USCCB ’ Charter for the Protection of Children and Young People, revised in 2018, in https://www.usccb.org/test/upload/Charter-for-the-Protection-of-Children-and-Young-People- 2018-final(l).pdf (consulted: 11.18.2021).

37 The USCCB’ Charter for the Protection of Children and Young People, revised in 2018, in https://www.usccb.org/test/upload/Charter-for-the-Protection-of-Children-and-Young-People- 2018-final( 1 ).pdf (consulted: 11.18.2021).

38 See the Preamble of the Charter, p. 3 in https://www.usccb.org/test/upload/Charter-for-the-Protection-of-Children-and-Young-People-2018-final( l).pdf consulted: (11.6.2021).

39 Pope John Paul II taught, “inpersona Christi means more than offering ‘in the name of’ or ‘in the place of’ Christ. In persona means in specific sacramental identification with the eternal High Priest who is the author and principal subject of this sacrifice of his, a sacrifice in which, in truth, nobody can take his place”.60 The ministry of priests who have received the sacrament of Holy Orders, in the economy of salvation chosen by Christ, makes clear that the Eucharist which they celebrate is a gift which radically transcends the power of the assembly and is in any event essential for validly linking the Eucharistic consecration to the sacrifice of the Cross and to the Last Supper (John Paul II, Ecclesia de Eucharistia, 29). The sacramental representation of Christ and sacramental identification with Christ, the High Priest, is taking place not only in the Eucharist but other Sacraments as well. Therefore, when priest baptizes, Christ baptizes, when priest absolves, Christ absolves!

40 By proposing the bill, Hill said: “Recent investigations by 14 attorneys’ general, the federal government and other countries have revealed that the clergy-penitent privilege has been abused on a large scale, resulting in the unreported and systemic abuse of thousands of children across multiple denominations and faiths.”