Folia Theologica et Canonica 10. 32/24 (2021)
Ius canonicum
80 GORAN JOVICIC to eliminate the so-called “exemption” for “penitential communication”, which would require priests to violate the seal of confession in some circumstances.41 The measure had drawn widespread criticism by the Catholic faithful,42 including the opposition of the bill from several bishops43 and catholic broadcast news agencies.44 Archbishop Cordileone stressed that bill is a blatant violation of the religious freedom, which is protected by the US constitution: “It’s shocking because it is a blatant violation of the First Amendment. The whole point of the First Amendment was to keep the government out of the church. Here it is the government intruding into the affairs of the Church, ” said San Francisco Archbishop Salvatore Cordileone. c. Louisiana Priest Case In Louisiana, the victim’s family accused Father Jeff Bayhi45 that he did not do anything to prevent their daughter being molested by a member of his parish. The young woman reportedly told Father Bayhi about the sexual abuse in a confession. Father Bayhi had been directed to testify what he had refused, referring to the inviolability of the confessional seal.46 In the first phase of this case, the Louisiana Supreme Court had said that Father Bayhi could be required to testify, because in this case the penitent had waived the protection of the confessional seal. The Diocese of Baton Rouge, Louisiana, has vigorously condemned a ruling by the state’s highest court that would compel a priest to 41 See Bishops, Priests, Faithful Voice Alarm Over SB360, in https://www.cacatholic.org/article/ bishops-priests-faithful-voice-alarm-over-sb-360 (consulted: 11.16.2021). 42 Over 100,000 Catholics sent letters to the Senate voicing their opposition to SB 360; see California Confession Bill Dropped, in https://www.catholicnewsagency.com/news/41735/california-confession-law-dropped (consulted: 11.16.2021). 43 Bishops: Archbishop Salvatore J. Cordileone, Archbishop Jose H. Gomez, Bishop Michael Barber, Bishop Baron, etc. 44 See California Confession Bill Dropped, in https://www.cacatholic.org/article/bishops-priestsfaithful-voice-alarm-over-sb-360 (consulted: 11.16.2021) and California Archbishop Deeply Disappointed by Senate Passing Confession Bill, in https://www.catholicsun.org/2019/05/28/ califomia-archbishop-deeply-disappointed-by-senate-passing-confession-bill/ (consulted: 11. 16.2021). 45 Cf. Could a US Priest Face Jail For Refusing to Break Confession Seal?, in http://www.catholicnewsagency.com/news/could-a-us-priest-face-jail-for-refusing-to-break-confessionseal-76133/ (consulted: 11.16.2021) and A Victory for the Seal of Confession in Louisiana, in http://www.catholicnewsagency.com/news/a-victory-for-the-seal-of-confession-in -louisiana-52284/ (consulted: 11.16.2021); cf. High Court in Louisiana Rules in Favor of Church 's Seal of Confession, in http://catholicism.org/high-court-in-louisiana-rules-in-favor-ofchurchs-seal-of-confession.html (consulted: 11.16.2021). Louisiana Judge Strikes Down Law that would Compromise Confession Seal, in http://catholicism.org/louisiana-judge-strikesdown-law-that-would-compromise-confession-seal.html (consulted: 11.16.2021). 46 See Louisiana judge strikes down law that requires priest to report abuse mentioned in confession, in https://www.catholicculture.org/news/headlines/index.cfm?storyid=27632 (consulted: 11.16.2021).
