California pol: Bill protects children

SACRAMENTO, Calif. — When Catholic clergy, penitents, theologians and canon lawyers look at the wording in a California state bill that would compel a priest to reveal what’s heard during confession if there is a suspicion of child sexual abuse, they see an infringement on religious freedom.

But the man who introduced S.B. 360 — California Democratic Sen. Jerry Hill of San Mateo — sees it as eliminating a loophole in the law that would ultimately help protect children from sexual predators.

As it is in many U.S. states, California requires priests, teachers, social workers, doctors and other professionals to be “mandated reporters.” That means by law they are required to report any case of suspected abuse to authorities.

There is currently an exemption in California law for any clergy member “who acquires knowledge or a reasonable suspicion of child abuse or neglect during a penitential communication.”

For Catholics, that penitential communication would be in the confessional.

S.B. 360 — which passed in the California Senate May 23 in a 30-2 vote — would eliminate the penitential communication exception for mandatory reporters when a priest is hearing another priest’s confession or in cases where a priest is hearing the confession of a co-worker.

The bill is expected to have a vote in the lower house, the California State Assembly, in September.

In an interview with Catholic News Service, Hill said he understood the confidentiality between priest and penitent in the confessional is a vital component of the sacrament of penance and that under Catholic Church law, clergy who knowingly violate the seal of confession are subject to immediate excommunication.

“I look at this as the greater good of society,” he said. “When you take the issue of child abuse and neglect and you look at every civilized country in this world, every one of them looks at this as a complete violation of anything that is good and right in this society.”

In supporting S.B. 360, he points to the case of a priest in Queensland, Australia — Father Michael McArdle — who said in a 2003 affidavit that during the course of a quarter century he confessed more than 1,000 times to 30 different priests that he molested children.

In the affidavit, Father McArdle — who served six years in prison after pleading guilty to 62 counts of the official charge of “indecent dealing” — said he felt remorse after each sexual act with minors and attended weekly confession, where he received absolution each time and was only given prayer as penance.

Theologians, however, have argued that the Australian priest’s account in the affidavit can’t be corroborated since the members of the clergy he claims to have confessed to are bound to confidentiality under the seal of confession.