Folia Theologica et Canonica 10. 32/24 (2021)
Ius canonicum
MANTADORY REPORTING LEGISLATION AND THE SEAL OF CONFESSION...81 violate the seal of confession or face possible imprisonment.47 Finally, a Louisiana judge, Mike Caldwell, ruled in February 2016 that the state law making priests mandated reporters of sexual abuse was unconstitutional insofar as it applied to confessions, since it violated religious freedom.48 Bishop Robert Muench, of Baton Rouge Diocese, praised the ruling with following words: “The court’s decision to uphold the First Amendment right to the free exercise of religion is essential and we appreciate the ruling”, he said. 3. Australia’s Royal Commission into Institutional Responses to Child Sexual Abuse49 In August 2017, Australia’s Royal Commission into Institutional Responses to Child Sexual Abuse50 has detailed 85 proposed changes to the law advised legislators in Australian states and territories, that they should enact laws to specifically overrule the confessional seal. There should also be “no excuse, protection nor privilege” for priests who fail to alert police because the information was received in confession, the report said. Reporting would be mandatory, and failing to do so would constitute a crime in itself.51 However, others pointed out that such legislation might be a very severe violation of religious freedom. 47 See Diocese denounces Louisiana court order for priest to break confessional seal (July 8th 2014), in https://www.catholicculture.org/news/headlines/index.cfm7storyicH21954 (consulted: 11.16.2021). 48 See State can’t make priests tell of confessed abuse, judge says (02.26.2016), in https://www . arkansasonline.com/news/2016/feb/28/state-can-t-make-priests-tell-of-confes/ (consulted: 11. 6.2021); 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). 49 See Children Abused in French Catholic Church Over 70 Years Says Landmark Report, in https://www.catholicnewsagency.eom/news/249185/330000-children-abused-in-french-catholic-church-over-70-years-says-landmark-report (11.16.2021) and Original text in French: http:// www.abc.net.au/news/2017-08-14/royal-commission-into-child-sexual-abuse-recommendations/8804040 (consulted: 11.16.2021). 50 See the Child Abuse Royal Commission Website here: https://www.childabuseroyalcommission . gov.au/ (consulted: 11.16.2021) 51 See How the Royal Commission Will Keep Your Child Safe?, in http://www.abc.net.au/news/ 2017-08- 14/how-the-royal-commission-will-keep-your-child-safe/8804780 (consulted: 11.16. 2021).
