

In 2019, a similar attempt was made to remove the “ministerial exception” from state laws on mandatory reporting requirements. Several civil jurisdictions both in the United States and other countries have attempted to pass similar legislation. Canon 1388 §1 states that “A confessor who directly violates the sacramental seal incurs an excommunication reserved to the Apostolic See.” The Catechism of the Catholic Church provides that “every priest who hears confessions is bound under severe penalties to keep absolute secrecy regarding the sins that his penitents have confessed to him.”Ĭanon law maintains the absolute prohibition on any violation of the seal of confession, and provides the harshest penalties for violations. “There is no evidence to suggest this is necessary,” he said, adding that its introduction is a “disappointment to all Catholics” in the state. He said that the state’s two dioceses had already released the names of 53 priests found to be either credibly accused or guilty of abuse, and that the AG investigation had not found any cases of previously unreported abuse by diocesan clergy. North Dakota’s attorney general recently concluded an 18-month investigation into the state’s two dioceses, which had already identified instances of sexual abuse by priests dating back to the 1950s, 60s, and 70s.ĭodson told The Pillar that, if the bill to repeal the ministerial exception is intended as a response to the report, it “doesn’t make sense” and “is a reaction in the wrong direction.” Senator Lee did not respond to requests for comment from The Pillar by time of posting.
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Under the current law, “a member of the clergy having knowledge of or reasonable cause to suspect a child is abused or neglected, or has died as a result of abuse or neglect, shall report the circumstances to the department if the knowledge or suspicion is derived from information received by that individual in that individual's official or professional capacity.”Ī member of the clergy “is not required to report such circumstances if the knowledge or suspicion is derived from information received in the capacity of spiritual adviser,” a category that includes sacramental confession.īut SB 2180 would delete this exception, making it a failure to report suspected abuse or neglect, even if learned in the confessional, punishable by up to 30 days in prison and/or a fine of $1,500.Ĭhristopher Dodson, executive director and general counsel for the North Dakota Catholic Conference, told The Pillar that the bill “comes as a surprise” and is “certainly a violation of our religious freedom.”ĭodson said that the state Catholic conference, which represents North Dakota’s two dioceses on matters of public policy, would “definitely oppose the bill.” It was introduced by state senators Judy Lee (R), Kathy Hogan (D), and Curt Kreun (R).
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12, would amend the state’s Century Code relating to mandatory reporting.

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