US judge rules in favour of Seal of Confession

A judge in the US state of Louisiana has ruled that a legal requirement that priests breach of the seal of confession if they hear about child abuse in the confessional is unconstitutional.

The case before State District Judge Mike Caldwell arose as a result of an allegation in 2008 of molestation against Rebecca Mayeaux, who was then aged 14. The girl’s testimony at the time included the statement that she has informed Fr Jeff Bayhi of Our Lady of the Assumption church in Clinton, during confession of the abuse. Mayeux’s parents subsequently took a legal action in 2009 against Fr Bayhi and the Diocese of Baton Rouge, that case resulting in the Louisiana Supreme Court’s judgement in 2014 that the seal of confession did not apply as the alleged victim had waived her right to anonymity in the molestation case, freeing Fr Bayhi to testify as to what she had communicated to him.

At the time, both the priest and the diocese criticised the finding, with Fr Bayhi pleading that he faced automatic excommunication for any violation of the confessional seal. In a statement at the time, the diocese said: “This matter cuts to the core of the Catholic faith, 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,” the diocese charged.

Now Judge Caldwell has backed that position based on the grounds of religious freedom. Ruling that Mayeaux is free to testify as to what she said in the confessional, he added that any compunction on Fr Bayhi to do likewise against the teachings of his church would violate his first Amendment rights to freedom of religion. He further ruled that, though Louisiana law includes priests for mandatory reporting of allegations sexual abuse against children to the authorities, the confessional remains excluded and Mayeaux’s lawyers were directed not to argue otherwise on mandatory reporting in their ongoing case for damages.

Baton Rouge’s Bishop Robert Muench hailed the court’s ruling.

“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.