The Nebraska Heartbeat Act is the type of legislation that demonstrates life is worth protecting and preserving. Several states, including New York and Illinois, have done the opposite by removing restrictions on abortion. One state delegate in Virginia proposed a bill in 2019 that would allow doctors to perform an abortion even if the mother showed signs of going into labor. Federal legislators have moved in a similar direction. House Democrats proposed a bill after Texas enacted its “heartbeat” ban that removed abortion restrictions after fetal viability. The past 50 years of legal battles over abortion—starting with Roe v. Wade in 1973 and continuing since the Dobbs v. Jackson Women’s Health Organization decision last summer—prove every state will have to define what life is and when it should be protected. Heritage Expert: Delano Squires
Faith on Trial is where we examine the influence of law and society on people of faith. Here we will look at those cases and events that impinge on the rights of people to fully practice their faith. Faith on Trial is heard every Saturday at 2 p.m. and Sunday at 9 p.m. on the Iowa Catholic Radio Network and anytime on our podcast at : https://iowacatholicradio.com/faith-on-trial/.
Tuesday, April 4, 2023
Trump is the target of a politically ambitious DA
The lack of surprise at this indictment is not because Trump is necessarily guilty of any crimes, but because he is the target of a politically ambitious DA in Manhattan. Alvin Bragg is a Soros-supported, rogue prosecutor who won’t prosecute misdemeanors and is giving a get-out-of-jail free card to many serious felony defendants, resulting in dramatically rising crimes rates in New York City. While ignoring serious crimes happening every day in New York, Bragg is pursing what he claims is a violation of federal campaign finance law that happened seven years ago by trying to shoehorn it into a misdemeanor claim about false business records. It is the Federal Election Commission and the U.S. Justice Department who enforce federal campaign laws and neither of them considered the settlement with Stormy Daniels a violation that merited prosecution. In fact, the U.S. Attorney’s Office opened, and then closed, an investigation into this matter. Heritage Experts: John Malcolm and Zack Smith
Saturday, April 1, 2023
Monday, March 27, 2023
Congresswoman Wants Abortionist Held Accountable for Five Babies Left to Die After Surviving Abortions - LifeNews.com
Congresswoman
Wants Abortionist Held Accountable for Five Babies Left to Die After Surviving
Abortions - LifeNews.com: Republican Florida Rep. Anna Paulina Luna wants
to hold a Washington, D.C. abortionist accountable for potential crimes he may
have committed aborting babies in his Foggy Bottom abortion clinic. Luna sat
down with The Daily Signal on Friday for a wide-ranging interview on her first
few weeks in Congress, what she wants to accomplish in […]
California Democrats Are Coming After Your Kids
By Deacon Mike Manno
(The Wanderer) – The problem of
one-party control is being amply demonstrated in the State of California. In
case you have not heard, California has now become a sanctuary state for gender
confused children who are seeking a refuge from their parents who do not
countenance their little ones — some not yet old enough to drive — making
medical decisions for themselves that will affect their lives in a largely negative
way. So why don’t we just let California be California? After all, just let
those people suffer under the radical leftists that they elect.
Here’s why: The new bill, SB 107, sponsored by
left-wing political gadfly State Sen. Scott Wiener, and the usual zoo animals
that comprise the legislature’s majority party, is looking beyond California
into your state to authorize political kidnapping of any kid in the United
States to be brought to California for transgender affirming care; that means
everything from puberty blockers to surgery.
A little bit of law is necessary to see the harm
these animals are doing. There is something called the Uniform Child Custody
Jurisdiction and Enforcement Act. When issues arise over which state has
jurisdiction over a minor, the act determines which state’s courts have
jurisdiction. So, as happens in inter-state child custody disputes, the law
provides a legal guideline on which state has, and which state has not,
jurisdiction over the child.
Naturally, if a divorce case, for example, is
started in one state a parent cannot take a child to another and seek redress
there. Now obviously there are some exceptions (consult your lawyer), but where
there is no pending litigation, such as when an aunt or grandparent in
different states take temporary custody over a child recently orphaned, the
rule when I practiced juvenile law was to prefer jurisdiction in the state
where the child resided for the greater part of the last six months.
But the wrecking crew that is the California legislature
has specifically abrogated the uniform act and gives California courts the
jurisdiction over any child in the state regardless of how the child got there,
including those children who are runaways as well as those taken to the state
without the permission of the child’s parents. We — at least those of us in old
school legal thought — call that kidnapping. But, of course, there is nothing
old school about the creatures who run such things in — do I dare call it? —
the Golden State. Now, no matter how a child reaches the state a judge has the
legal authority to name a temporary guardian for that child and when his
parents find him, the state prohibits the release of any information to them.
So nice to see what these God-fearing Democrats are doing.
The practical effect of this is if you live in a
state that has some common sense, it is still possible you can lose your child
to California, now indoctrinated by the little tike’s school into believing
that he or she might have been born into the wrong body. If he can just make it
to that bastion of fruit and nuts (its political product not to be confused
with its agricultural output), he can free himself from your parental control
regardless of his age.
But there may be some relief in sight. Just last
week a conservative legal organization, Advocates for Faith and Freedom, filed
a federal lawsuit to stop the enforcement of SB 107. The author of that suit,
Mariah Gondeiro, was recently on my radio program to explain the litigation.
The legislation, she said, is objectionable on at least three commonsense
counts: It encourages children to flee to California to get transgender
services; it gives California courts temporary jurisdiction regardless where
the child hails from, and it bars parents from obtaining any medical or
psychological information about their own child.
SB 107 also creates a carve-out from the law that
prohibits parties from obtaining jurisdiction in California by engaging in
“unjustifiable conduct.” It explicitly states that “taking of a child [from]
the person who has legal custody is not unjustifiable conduct if done to pursue
gender transition procedures in California.”
When Gov. Gavin Newsom signed the law, he claimed
he did so because “states across the country [were] passing laws to demonize
the transgender community.” Bless his little heart. In legal terms SB 107
violates several constitutional provisions including:
Violation of the Due Process Clause of the
Fourteenth Amendment to the Constitution by “stripping parents of their
fundamental right to direct the upbringing and care of their children,
including accessing their child’s medical records” as well as failing to define
the terms “gender-affirming care or “gender-affirming health care.” It also
allows the children to be removed to California. Violation of the Full Faith
and Credit Clause of the Fourth Amendment of the Constitution by denying states
the right to adjudicate juvenile matters in their own state.
“The Full Faith and Credit Clause demands that
state court judgments be accorded full effect in the courts of other states and
precludes states from adopting any policy of hostility” towards the public acts
of another state, says the suit. “California has neither a legitimate nor legal
interest in exceeding its jurisdiction by taking deeply personal, intimate, and
life-altering medical decisions of out of state children into their own hands,”
the suit argues. The lawsuit was just filed so we have some time before a final
decision is handed down, but Ms. Gondeiro is asking for a pre-enforcement
injunction against the law. In the meantime, expect numerous amicus briefs to
be filed by red state attorneys general from around the country, as well as
numerous interested parties, both pro SB 107 and anti.
One who, perhaps inexplicably for some, will not be
supporting the bill is a group called Gays Against Groomers. We visited on the
radio with Jaimee Michell, the president and founder of that group, who is
fighting the transgender effort to target children. “There is no such thing as
a child born in the wrong body,” she says and blames radical fringe groups for
pushing that agenda. “We do not condone this. . . . We are not a monolith, the
majority of people in the gay community, and that includes trans people, do not
condone this. There is definitely what I like to call the ‘alphabet mafia’ — or
‘LGBT, Inc.’ — it is more of a political movement.”
Unfortunately, she says, those fringe groups are
backed by numerous other political groups, including the White House, to push
an agenda most gays do not support. She has two main goals for her
organization: stop promoting transgenderism on children and to protect her
community so that it can regain some of its respectability that it has achieved
in recent years, and is now losing due to this controversy.
(You can reach
Mike at: DeaconMike@q.com and listen to him every weekend on Faith On Trial or
podcast at https://iowacatholicradio.com/faith-on-trial/ the episode referred
to in this article is #354.)
Friday, March 24, 2023
Thursday, March 23, 2023
Pentagon doctors suggest 7-year-olds are capable of choosing transgender hormones
(LifeSiteNews) – Department of Defense (DoD) doctors published a report urging that children in military families who experience gender confusion be subjected to experimental “transition” procedures and suggesting that kids as young as seven years old be allowed to make life-altering decisions regarding cross-sex hormones and puberty blockers.
The group of
military doctors said that they were motivated to author their report
because some states have
begun to limit or ban such procedures for kids. They said this represents
a “crisis” in so-called “gender-affirming care” for minors.
The authors
noted that some of these states are home to large military bases with large
populations of military families with kids.
“These
current legislative efforts, along with efforts to exclude gender identity from
legal discrimination protections, restrict sports participation, and regulate
bathroom use” harm gender-confused youth, they allege, while ignoring the
damaging impact that inflicting gender ideology has had on children forced to
compete against and use school
restrooms and locker rooms with members of the opposite
sex.
The report,
“Caring for Military-Affiliated Transgender and Gender-Diverse
Youths: A Call for Protections,” published in the most recent edition of
the American Journal of Public Health, falsely claims
that “[g]ender-affirming health care, such as puberty suppression and affirming
hormones, mitigates” risks of “suicidal ideation or self-harm” for
gender-confused minors and “optimizes patient-oriented outcomes.”
Bottom of Form
Written in
an authoritative tone, the report is, in reality, a one-sided opinion piece
attempting to eliminate legitimate objections to highly
dangerous transgender procedures.
The Devil And The Democrats
By Fr. Denis Wilde, OSA
(The Wanderer) – States such as Minnesota, California, Maryland, and others, in all cases with Democrat-controlled legislatures, are on a fast track to not only allow unborn babies to be murdered on demand as a woman’s “constitutional right” but also to allow infanticide.
Our nation
has gotten so used to the moral evil of killing in the womb that the next
diabolical step is being taken — allowing newborn babies to be killed. And at
the end of life, assisted suicide is making inroads in the U.S.
Where does our acceptance of legal murder stop?
The Democrat
Party has become the biggest funnel of evil that history has seen in a Western
democratic society. I say “funnel” because it is a conduit drawing anti-God,
anti-life, and anti-family views that converge into law.
This party
funnels every vice into law under the attractive banner of “rights,” but
without the slightest mention of responsibility. Its members are the architects
and custodians of the movement to ensure that the slaughter of babies in the womb
keeps going. The Devil hardly does a better job.
Hell is
real. God is real, and so is Satan, who is more wily and powerful than any
gangster cabal. God continually reaches out to save us, while Satan wants
nothing more than to tear our souls from God. He wants human damnation.
Tragically,
we are in a cesspool of moral bankruptcy that punishes a person more for
publicly protesting the evil of child murder than for committing the act
itself. Democrat legislatures are at the forefront in that mentality under the
rubric of a so-called constitutional right to “choose.” No, again. We read in
Deuteronomy: “Choose life that you and your descendants will live.”
That’s us as
well today, pre-Roe v. Wade, during Roe’s 50 years, and now in the states’
purview in the aftermath.
We know the
only choice is life. No man or woman of God can vote for a party so steeped in
and committee to death. Nearly every Democrat in the U.S. House of
Representatives and Senate voted against life-saving measures for the unborn,
while nearly every Republican voted in favor of life-saving measures. Voters
cannot look away from this glaring statistic, easily confirmed in the
Congressional Record. It is not 60-40, 70-30, but 95 percent to 5 percent. If
your House member or Senator is a Democrat, you can be 95 percent sure he/she
wants more killing, not less.
God wants us
to be saved by following His Commandments. If you do not believe in God, you
will indeed meet Him, nonetheless, after your last breath. Jesus speaks of Hell
much more than He does of Heaven not because He wants us to be damned but to
ensure we understand the importance of following His Plan for each one of us.
To “choose” to kill will cause a grave disturbance that will manifest itself
and affect your vision of life negatively, even during your life here.
The Catholic
Church in its wisdom has for centuries taught that these are the two sins
against the virtue of hope: presumption and despair. Abortion leads to both.
The Devil
has his tricks to sooth the mind and heart in how “necessary” it was to
“choose” the killing, lulling us into the belief that even if we choose
abortion, God will forgive us. That is the real sin of presumption. Despair is
what can happen to a mother and father after abortion, when self-hatred and
despondency fill the void left in the womb, mind, and heart.
Be assured
Satan also knows how to manipulate the human conscience. We all have a
conscience; think of it as a GPS for getting to eternity. But the tragedy is
that we can deaden our consciences, thus ending up in Satan’s grasp for
eternity.
When
Catholics pray that very simple prayer, the “Hail Mary,” at the end we humbly
plead: “Pray for us now and at the hour of our death.” We’re not asking for
another minute to enjoy life but instead hoping that our fervent and heartfelt
prayer will be the key to open the door, after our last breath, to Heaven
rather than Hell.
Lent is a
perfect time to really put our eternal destination in focus. We can perish in a
storm, or be lulled to sleep with self-centered ease. To discover the Light
requires the humility to put our responsibilities before our desires, the
things we might choose — like abortion — that turn us away from God.
As our
national conversation more frequently than ever revolves around the “right to
choose,” it is of paramount importance that we choose what leads to eternal
life with God, rather than eternal damnation with Satan.
We must
pray, but we also must speak out against what the Democrat Party has chosen to
codify in law. Some of us may have our wings clipped for taking a stand, but
this is a time of moral crisis and our very souls — and the soul our nation —
are in danger.
(Fr. Denis Wilde, OSA, Ph.D., is the
associate chaplain for Priests for Life. A concert pianist, he was formerly an
associate professor of music at Villanova University.)
Wednesday, March 22, 2023
Wyoming Says No to Chemical Abortions
CHEYENNE, WY – As the majority of abortions are now chemical abortions in the United States, Wyoming has become the first state to explicitly ban abortion pills and will impose criminal penalties upon those who violate the law.
Last Friday,
Governor Mark Gordon signed SF0109,
known as the “Prohibiting Chemical Abortions” bill, which states “it shall be
unlawful to prescribe, dispense, distribute, sell or use any drug for the
purpose of procuring or performing an abortion on any person.”
The only
exceptions are “to preserve the woman from an imminent peril that substantially
endangers her life or health, according to appropriate medical judgment, or the
pregnancy is the result of incest or sexual assault.”
Abortionists
who violate the law would be charged with a misdemeanor punishable by
imprisonment for not more than six months, a $9,000 fine, or both.
According to
this law, a woman upon whom a chemical abortion is performed or attempted shall
not be criminally prosecuted.
Another
law, HB0152,
known as the “Life Is a Human Right Act,” became law last Sunday without
Governor Gordon’s signature. This law modifies an existing abortion ban in the
state to now include prescribing or selling abortion pills.
This law
states, “From conception, the unborn baby is a member of the human race,” and
“all members of the human race are created equal.” The legislation states that
“no person may be deprived of life or liberty without due process of law.”
Abortions may take place only to save the life of the mother, if the child is
conceived in rape or incest, or if the child has a “lethal fetal
anomaly.”
The law also
refers to Dobbs v. Jackson Women's Health Organization when it
states, “Wyoming's legitimate interests include respect for and preservation of
prenatal life at all stages of development; the protection of maternal health
and safety; the elimination of particularly gruesome or barbaric medical
procedures; the preservation of the integrity of the medical profession; the
mitigation of fetal pain; and the prevention of discrimination on the basis of
race, sex, or disability.”
Abortionists
who kill an unborn child would be guilty of a felony with punishment up to five
years in prison, or a $20,000 fine, or both. Abortionists can have their
medical licenses revoked. It also creates a right of action for mothers who
suffered an abortion, or her parents if she is a minor or deceased, for $10,000
in statutory damages, as well as “actual and punitive damages.” In addition,
the woman who underwent the abortion shall not be prosecuted.
The
pro-abortion Guttmacher Institute has released data revealing that chemical abortions
accounted for the majority of all abortions for the first time in U.S. history
in 2020. Every three years, Guttmacher surveys all known abortion providers in
America. In 2020, abortion pills accounted for 54 percent of all U.S.
abortions, an increase from 44 percent in 2019. Chemical abortions accounted
for 39 percent of all abortions in 2017, an increase from 29 percent in
2014.
The abortion
drugs, sold under the brand name Mifeprex, is a two-drug treatment that is
approved to terminate a pregnancy up to 10 weeks gestation or less when the
baby has a beating heart and arms and legs. There has been a steady increase in
the use of abortion pills since September 2000 when the Food and Drug
Administration (FDA) approved mifepristone/RU-486, which cuts off blood and nutrients
to the unborn baby, slowly starving it to death over one to two days. This drug
is taken with misoprostol, which induces labor and causes severe cramping,
contractions and bleeding to expel the baby from the womb.
A 2019 study published in the journal Frontiers in
Neuroscience provides additional evidence of the harmful biological
and behavioral effects of drug-induced abortion. Using rat subjects, the findings
“strongly suggest that pregnancy termination at mid-term (first-trimester human
equivalent) induces significant negative biological and behavioral changes in
the rat.” The study found that drug-induced abortion presented more negative
effects than a spontaneous abortion through miscarriage. Finally, the study
found there were positive benefits to carrying the baby to term.
The
Franciscan University three-year study, which was conducted by a team of behavioral
neuroscientists who do not have ties to the abortion industry, clearly
indicates that there are negative consequences such as depression, anxiety,
loss of appetite and decreased self-care after terminating a viable pregnancy
using mifepristone and misoprostol.
Liberty
Counsel Founder and Chairman Mat Staver said, “We commend Wyoming legislators
for protecting unborn children and mothers by banning this human genocide.
Chemical abortions harm women physically and emotionally and end the life of
defenseless children. More states need to follow Wyoming’s example.”
Liberty
Counsel provides broadcast quality TV interviews via Hi-Def Skype and LTN at no
cost.
Tuesday, March 21, 2023
Did Silicon Valley Bank Prioritize Social Justice Over Risk Management?
Heritage take: While neglecting critical risk management, SVB's 2023 proxy statement records 40 mentions of the environmental, social, and governance—or ESG—movement currently in vogue at many corporations and financial institutions. In a “key change,” the board expanded the Governance and Corporate Responsibility Committee's oversight role in ESG. The committee’s oversight includes, according to the proxy statement, “environmental sustainability, climate change, the Company's external diversity, equity and inclusion ("DEI") initiatives, Board diversity, as well as our philanthropic strategy and advocacy activities.” Heritage Expert: Diana Furchtgott-Roth
McCarthy Slams Biden’s Veto of Bipartisan Bill Opposing ‘ESG’ Investments
Heritage take: According to the Labor Department, its rule “allows plan fiduciaries to consider climate change and other environmental, social and governance factors when they select retirement investments and exercise shareholder rights, such as proxy voting.” The ESG rule, the agency added, “follows Executive Order 14030, which was signed by President Biden on May 20, 2021.” Last month, Rep. Andy Barr, R-Ky., and Sen. Mike Braun, R-Ind., introduced resolutions of disapproval to block the Labor Department rule; those measures succeeded in both the House and the Senate, on Feb.28 and March 1, respectively. Heritage Expert: Samantha Renke
Loudon's Revenge: Vote on Federal Parents Bill of Rights Act Scheduled This Week
WASHINGTON, D.C. – This week, the U.S. House is scheduled to vote on HR 5, known as the “Parents Bill of Rights Act,”with many new protections for both parents and guardians. Liberty Counsel Action staff is in meetings today on Capitol Hill to educate people about the need for this bill. A vote is expected on Thursday with the final floor vote scheduled for Friday.
Americans watched in shock as parents in Loudon County, Virginia, were falsely
labeled “domestic terrorists” because they cared about their children’s
education. They watched in horror as parents faced the full weight of the FBI
investigating them for daring to advocate for a better path. This bill will
help ensure the freedom of speech and rights of parents to advocate for their
children at their local school board meetings without fear of punishment from
our federal government. It will also discourage any ongoing FBI investigations
against these parents.
HR 5 will encourage and involve parents in their children’s future and best
interests. The bill “requires schools to notify parents and guardians of their
rights regarding the education of their children.” This bill’s summary includes
the following rights for parents and guardians:
- Review the curriculum of their child's
school.
- Know if the state alters its
challenging academic standards.
- Meet with each teacher of their
child at least twice each school year.
- Review the budget, including all
revenues and expenditures, of their child's school.
- Review a list of the books and
other reading materials in the library of their child's school.
- Address the school board of the
local educational agencies (LEA).
- Receive information about
violent activity in their child's school.
- Receive information about any
plans to eliminate gifted and talented programs in the child's school.
An amendment
friendly to the bill is expected for schools to stop helping children hide from
their parents when a child presents as one gender at home and the opposite
gender at school. This important amendment was already introduced in the U.S.
House Education and Workforce Committee and is expected again on the House
floor this week.
“Parents and guardians know their children best. ‘Experts’ don’t even know a
child’s first name, yet they try to push a ‘one size fits all’ on every child
in America. However, the reality is that every child has unique needs. That is
why it is critical to encourage parental involvement and local leadership for
the best possible future for every child,” said Jonathan Alexandre, senior
counsel for governmental affairs for Liberty Counsel Action.
One of the best indications of a child’s future success is parental
involvement, according to the Public School Review, yet radicals have
a history of repeatedly trying to push parents out of some of the most
critical, life-changing decisions for children in America.
People can make their voices heard on this bill by contacting the U.S. House
switchboard at 202-224-3121 and asking for their representative by name. Look
up your U.S. representative’s name HERE.
Monday, March 20, 2023
Dumping On The Confessional
By Deacon Mike Manno
(The Wanderer) – Several years ago, I served as
chaplain at a drug and alcohol rehabilitation center. The interesting thing
about the center – besides that it was located in the county jail — was that
all involved had some problems with the law outside of their addictions. I
would usually spend parts of three days a week there, one of them just meeting
those newly arrived.
Most of our
“clients” were willing to give me the benefit of the doubt and actually
listened to what I said. Naturally many were churchless and needed help finding
a denomination that suited them and I tried to help them find one. Others
already had a background in some congregation and I tried to help them get to
its services on Sundays. And, of course, there were a number who were Catholic
and I would arrange for them to be picked up for Sunday Mass.
However,
there were a few who were baptized Catholics who had fallen away from the
faith. Often, they would come to me and ask how they could return to the
Church. Go to Confession, I would tell them, but don’t wait in the Confession
line on Sunday morning, let me make an appointment with a priest and do it
privately, without being rushed, in his office.
My routine
was simple: I would make the appointment and go to the jail, pick up the
individual, take him or her to the priest’s office and transport them back to
the jail afterwards. It may sound routine, but with each trip I noticed a
miracle was taking place right before my eyes. The person I took back to the
jail was not the same person that I took to the priest: They had been changed,
their life had a new meaning, those who had never been confirmed enrolled in
our RCIA program to become confirmed, and most, when released from the program
continued their spiritual journey within the Catholic Church.
I saw
firsthand how that sacrament could change people’s lives and why Jesus gave His
apostles the power to forgive sins.
That is why
I was saddened this week to read that two states — and possibly others — had
bills filed in their legislatures to eliminate the civil protection priests
have which protects the confidentiality of the communication that takes place
in the confessional. In Canon Law we call that the Seal of the Confessional, in
civil law it is called the priest-penitent privilege.
The
Democrats in Delaware and Vermont who are supporting this claim it is in
reaction to the child abuse crisis. Teachers, they claim, doctors, the clergy,
and many others are mandatory reporters, that is, they are required to notify
the authorities if they see or suspect a child is being abused. That, of
course, is good. All of those listed often are able to make observations that
others cannot.
But the
bills in Delaware and Vermont go further: They require a priest who hears a
sacramental Confession to report what they hear concerning child abuse, thus
rendering the seal of the confessional null and void. It is, according to the
sponsors, necessary to remove that protection from the clergy to ensure that
those so involved can pay the price in court.
Delaware’s legislature gave this synopsis of its bill:
“This Act
abrogates the privilege between priest and penitent in a sacramental confession
relating to child abuse and neglect. It requires priests to report child abuse
and neglect or to give or accept evidence in a judicial proceeding relating to
child abuse or neglect.”
Now no one
in either legislative body has suggested eliminating the attorney-client
privilege. That would be bound to reap a harvest of criminals who said the
wrong thing to their attorney. As it stands now, a client could walk into my
office, give me a gun and tell me where the body is buried and that information
remains with the client and me alone and I could be disbarred if I breach that
confidence.
But a
penitent who seeks the consolation of the Church to cleanse his soul for
eternity would not be accorded the same privilege as a hardened criminal who is
only trying to save himself from jail. Think maybe this shows a lack of concern
for the spiritual well-being of those they govern? Or, perhaps, an animus
against the Catholic Church?
I do know
that one of the concerns that those whom I took from the jail to Confession was
“would the priest tell anyone?” Of course, the answer is a firm no; the priest
would go to jail first. And if he did violate that confidentiality, he would
suffer automatic excommunication which could only be reversed by the Pope
himself.
But jail is
the threat that the Dems in those two states are proposing, for if a priest
fails a court order to reveal what was told to him in the confessional he could
be held in contempt and jailed. Nice knowing ya, Father, enjoy your bread and
water.
The
priest-penitent privilege has a long history in the United States. The first
case I found was in New York in 1813, People v. Philips, in which a priest, Fr.
Anthony Kohlmann, was asked to divulge the contents of a Confession in a case
involving a jewelry theft. The priest asked to be excused from testifying,
citing the confidentiality of the confessional. Attorneys made the argument
that requiring the priest to do so would not only violate common law precedents
but the state constitution as well.
The court,
holding that “religion is an affair between God and man, not between man and
man” ruled that requiring the priest to testify would also violate the First
Amendment of the U.S. Constitution. Numerous cases have followed suit and
states have added this privilege to its statutory codes and expanded it to
include all clergy acting with a religious purpose.
One of the
last cases on the issue, which I covered back in 2015 on my radio program, came
from Louisiana where a priest from the Diocese of Baton Rouge was subpoenaed,
and later sued for refusal to reveal the topic of a Confession of a young girl
who allegedly told the priest about abuse from a parishioner. Her parents were
suing the estate of the parishioner for the abuse and the priest for failure to
report it.
Naturally
the priest refused and the case went up and down the judicial chain making a
stop at the Supreme Court which sent the case back down for further hearings.
The trick in this case was that the girl, now an adult, wanted to waive the
privilege so the priest could testify.
Now in civil
law, if the guy who gave me the gun and directed me to the burial place waived
attorney-client privilege I would have to testify, since that privilege — as
most others are — was established to protect the client, not the attorney.
Thus, you would think that the girl could waive it and force the priest to
testify.
Not so.
Under Canon Law the seal cannot be waived by the penitent. In fact, the priest
is not even allowed to confirm the identity of the individual; nor can he ask
the penitent about it outside of the confessional afterwards. Ultimately in
Louisiana the diocese and the priest were dismissed from the case.
Anyway,
leave it to politicians who do not appreciate or understand it to try to gum up
the works. May God enlighten them: If not, I’m sure a court will.
(You can reach Mike at:
DeaconMike@q.com and listen to him every weekend on Faith On Trial or podcast
at https://iowacatholicradio.com/faith-on-trial/)