Catholic Church To Excommunicate Priests for Following New US State Law
Catholic Church To Excommunicate Priests for Following New US State Law
The Justice Department is investigating whether the new law violated the First Amendment.
The Catholic Church has issued a warning to its clergy in Washington state: Any priest who complies with a new law requiring the reporting of child abuse confessions to authorities will be excommunicated.
https://www.newsweek.com/catholic-church-excommunicate-priests-following-new-us-state-law-2069039
You're viewing a single thread.
Therapists are required to break confidentiality if they suspect child abuse. The church thinks it is above secular law and only answers to God, not to mention the protection it offers to its own child abusers. It's complete nonsense and a good example of why religious tolerance has limits.
This is completely accurate, and yet so many responses are pretending it's not.
A mandated reporter is a person who is required by law to report crimes, typically if they know or suspect a child or vulnerable adult has been or is at risk of being abused or neglected
Mandated reporters have to report child abuse. Full goddamn stop. No, it doesn't matter if it's in the past, why the fuck would that change anything?
These people really think that it's okay not to report pedophilia? Why? Because the pedophile confessed to inarguably one of the worst crimes imaginable, and promised not to do it anymore?
You think a therapist wouldn't report that because their patient said they won't do it anymore? Did they pinky swear?
These people really think that it’s okay not to report pedophilia? Why? Because the pedophile confessed to inarguably one of the worst crimes imaginable, and promised not to do it anymore?
So that paedophiles don't stay away from confession, so that priests can tell them that god wants them to go to the police as penance. Noone is helped when paedophiles instead keep their mouths shut.
You think a therapist wouldn’t report that because their patient said they won’t do it anymore? Did they pinky swear?
Over here in Germany, therapists may break confidentiality over planned or grave crimes, but are not required to. It's always a balancing act and from what I've heard in the US you can get arrested for telling your therapist that you took drugs which is insane.
Mandatory reporting doesn't solve problems and while doing that causes a ton of others. There's a gazillion things you can do to address things, making snitching mandatory is about the least useful and most damaging.
So that paedophiles don’t stay away from confession, so that priests can tell them that god wants them to go to the police as penance. Noone is helped when paedophiles instead keep their mouths shut.
There are specifically no systems in place for that to happen, or indication that that actually does happen. There is specifically every indication that churches often cover up these crimes as a matter of habit. Without mandated reporting, we can literally never know what happened.
There is very little evidence of societal benefits or needs when it comes to secrecy in confession. There are benefits and needs when it comes to secrecy with mental health professionals, and yet they often are mandated to report these crimes anyway, because the risks of not reporting far outweigh the benefits of secrecy.
Germany is behind the times and most of the EU on this one:
In 15 Member States (Bulgaria, Croatia, Denmark, Estonia, France, Hungary, Ireland, Lithuania, Luxembourg, Poland, Romania, Slovenia, Spain, Sweden and the United Kingdom) reporting obligations are in place for all professionals.
In 10 Member States (Austria, Belgium, Cyprus, the Czech Republic, Greece, Finland, Italy, Latvia, Portugal and Slovakia) existing obligations only address certain professional groups such as social workers or teachers.
In Germany, Malta and the Netherlands, no reporting obligations were in place in March 2014.
This isn't "the US is the exception" for once.
I've heard in the US you can get arrested for telling your therapist that you took drugs which is insane.
Source? I have literally never heard that.
Source? I have literally never heard that.
Don't know where I got it from, but second google hit: https://www.amahahealth.com/blog/can-i-talk-to-my-therapist-about-my-illicit-drug-use/
But, there is a condition - your therapist is also bound by the ethical duty of reducing harm, so if they find out that your drug use can cause harm to you or someone else, they might have to report you to the authorities.
So if they figure that you are in a state where you might be leaving needles behind at playgrounds, they have to report you. They have no leeway to say "I can convince this guy to be more mindful". That alone wouldn't be that bad, but if you're in a downward spiral, "causing harm to yourself", they also have to report you. Which, given the state of the US criminal justice system, is going to do even more harm. The whole thing is unethical AF.
There are specifically no systems in place for that to happen, or indication that that actually does happen. There is specifically every indication that churches often cover up these crimes as a matter of habit.
[citation needed]
I mean not the matter of habit covering up thing particularly when it comes to the Catholic Church, but e.g. Lutherans also take confessions and over here the EKD very much had not that kind of issue: Abuse exists, as it does everywhere, but it did not have institutional backing, much less wide-spread. When one instance of one superior covering for one subordinate came to light they stepped on it hard and passed new laws that include mandatory reporting -- but not when it comes to confession. "See something, do something", yes, but not "Take confession, do something".
It's that kind of thing the Catholics should be criticised for -- somehow the Lutherans had several magnitudes less of a problem, and yet reacted magnitudes more decisively when it comes to stopping it, making sure that church structures don't turn into a criminal conspiracy. Lifting or not lifting the seal won't do anything to institutional rot. You're focussing on the wrong thing.
I'm a medical student in America and we're required to know some of the legal cases that define our standards and practices. The legal precedent that requires the breach of confidentiality to report a patient for being a danger to themselves or others is the Tarasoff case.
A patient has to be a direct threat to themselves or others in terms of suicide, self-harm, assault, or murder (i.e. meaningful bodily harm) to justify the breach of confidentiality.
The TL;DR of the Tarasoff case was a patient was talking to his physician about wanting to kill his stalking target and then he did so. The precedent means that a physician is required to notify the potential victim and/or the police if a direct threat is made.
That drug use thing is a massive stretch of the words "cause harm to yourself or others". That clause is - to my knowledge - used exclusively to mean things like abuse, assault, murder, or suicide.
Please provide a source of that actually happening or a legislative or judicial ruling that supports that idea at all.
While there is some support for absolute secrecy of a private confession, Lutheran history and the Book of Concord do not support the concept of keeping a confidence if it risks the ongoing abuse or death of a child or requires the pastor to violate civil or criminal laws designed to protect children from abuse.
While Scripture discourages gossiping and speech designed to damage the reputation of another, keeping a confidence “is not an absolute, especially when others are being harmed or may be hurt."
That drug use thing is a massive stretch of the words “cause harm to yourself or others”. That clause is - to my knowledge - used exclusively to mean things like abuse, assault, murder, or suicide.
Did some further googling and it appears that what I remember might apply to a) school councillors and the like, and b) law enforcement getting reports about type of treatment after they dropped someone off. Why law enforcement is doing EMT stuff is of course yet a whole another topic.
While Scripture discourages gossiping and speech designed to damage the reputation of another, keeping a confidence “is not an absolute, especially when others are being harmed or may be hurt.
And that's exactly how German law sees it: Breaking confidence is permitted in certain cases, but not mandated. On the flipside, if you're e.g. a cop or a child care worker, when you see certain things you are required to pursue them, that's different in e.g. the Netherlands where cops are free to ignore you if you light up a joint in front of them, and tell them about it, and don't even hide it in a brown bag. People taking confessions including therapists are neither of those, though, so they do not have that kind of duty.
Law will never be able to cover, in detail, the balancing process necessary to actually reduce harm in any specific case. It is a very blunt instrument.
You're exchanging one absolute for another. The original absolute btw, not being that absolute because catholic priests can tattle anonymously (if the state allows for such things, different topic), and then themselves confess. But it should never be a "hear X, do Y" kind of deal. That doesn't serve the situation.
This is not true. A therapist would be required to break confidentially if they became aware that their Client is going to harm themselves or others, or if they are mandated by law.
What someone already did in the past generally isn't reported.
I find zero sources that agree with your claim.
I find several sources that indicate that therapists in all US states are required to break confidentiality when child abuse has occurred.
https://psychcentral.com/health/what-do-therapists-have-to-report
https://www.stopitnow.org/ohc-content/when-must-a-therapist-file-a-report
https://www.huffpost.com/entry/what-therapists-report-confidentiality_l_5d2cf063e4b0bca603641a62
https://www.mentalyc.com/blog/exceptions-to-confidentiality-in-counseling
So either you're talking about another country's laws (in which case I'd like to know which country), or you're just incorrect.
I'm in Colombia, where psychologists are required to report "human rights violations, mistreatment or cruel, inhuman or degrading conditions of confinement of which any person is a victim and of which they become aware in the exercise of their profession."
Shit like this is why it is explicitly written that Baha'is must follow the law of the land before the laws of god.
Remember that episode of South Park where the Catholic priest saw child rape and exploration as a kind of perks of the job. Whelp they hit the nail right on the head 10 years ago with that one and it's still relevant to this day.