After a Delaware state legislator introduced a bill to abolish the confidentiality of confessions in cases of child sexual abuse, the Diocese of Wilmington responded that the confidentiality of the sacrament was “non-negotiable.”
“The sacrament of confession and the secret of confession are a fundamental aspect of the theology and sacramental practice of the Church,” the diocese announced in a statement dated March 7, 2023. “No Catholic priest or bishop would ever break the seal of confession under any circumstances,” the diocese added. “This would result in an automatic excommunication that only the Pope himself could lift,” the statement said.
Bill HB 74 was introduced on March 2 by Eric Morrison, a state representative from the Democratic Party. If eventually passed, it would amend Title 16 of the Delaware Child Abuse Reporting Act. Mr Morrison did not respond to a request from the Crux agency for comment on the bill.
The Diocese of Wilmington includes the city of Wilmington and counties of New Castle, Kent, and Sussex in the state of Delaware, and counties of Caroline, Cecil, Dorchester, Kent, Queen Anne, Somerset, Talbot, Wicomico, and Worcester in neighboring Maryland. The diocese has a Catholic population of 246,476 believers and a history of clerical sexual abuse. In 2011, the diocese paid $77 million in 142 allegations of abuse. This settlement came after the diocese filed for bankruptcy in 2009 over pending court cases dating back to the 1950s.
On March 3, Angela Romero, a DP Congresswoman from Utah, introduced a bill similar to Delaware’s that would remove the exemption from reporting abuse for confessing ministers. Romero made an initial attempt to pass this law back in 2020, which met with strong opposition and failed to pass. So the concept of laws negating the privilege of confidential confession is not new. Individual states have tried unsuccessfully for years to pass legislation similar to that proposed in Delaware.
Other recent examples include Wisconsin last year, Montana and North Dakota in 2021, and Arizona in 2020. Many states have passed child abuse reporting laws, but these often provide exceptions for clergymen in the area of confession.
The Diocese of Wilmington pointed out that, in addition to the religious ramifications of the Delaware bill’s proposal, to “interfere with this practice of our faith” is also a “clear” violation of the First Amendment. The diocese also stated that since most sacramental confessions are anonymous, the legislation was difficult to enforce, noting that in all other circumstances priests have an obligation to report abuse.
The diocese added that while it supports efforts to make Delaware a safe place for minors and vulnerable adults, “statute HB 74 would not contribute significantly to those efforts.”