USU Newman Club On HB 90

Intermountain Catholic

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The St. Jerome Newman Club focused on the controversial new House Bill 90 during its Feb. 13 group meeting. HB 90 is a proposed bill by the Utah legislature that would require all clergy to report any suspected abuse or neglect of a child. This new bill, if passed, would require Catholic priests to report to the authorities any such crimes heard during the Sacrament of Penance, or face legal consequences.

The students of the club who participated in the discussion were unanimously opposed to the passing of this new law. The largest and most glaring error in this law is that it does not take into account a priest’s vow of silence in regard to the sins confessed during Penance. A priest is required by Church doctrine, and their own Holy Orders, not to speak about the sins confessed to them in the confessional. If a priest breaks this “Seal of Confession” he will be excommunicated and removed from his priesthood.

Similar to how a doctor is sworn to respect the privacy of his or her patients, a priest may not speak to anyone about the personal matters of his flock. A priest may often suggest that the guilty party turn his or herself in, but he himself cannot do so as that would be breaking the seal. The priest, perhaps more than anyone else, wishes to see justice served and the affected heal. This reason alone is strong enough to reject this bill, but it is not the only one.

Another obvious downfall to this bill is that it prevents those who are seeking help from receiving it. A law that requires priests to turn in people who confess a sin to them will simply deter those individuals from going to Confession. Not only will this render the law ineffective, it will also prevent the sick from receiving the help they desperately need. If an individual struggling with pedophilia is confessing it in the confessional, then he or she is taking the first step in getting better. At that point, at least the priest is aware of the problem and can take steps to protect children and help the perpetrator heal with their affliction. If the priest is forced to go to the authorities, then the perpetrator would avoid Confession, and nobody would ever know about their crimes.

On top of this, we students understand this law as a violation of our constitutionally guaranteed freedom of religion. If the state is able to interfere with a vital aspect of one of our seven Sacraments, then they may be emboldened to muddle other aspects of the religion. This law specifically targets our religious freedoms and should not be allowed by constitutional grounds.

In conclusion, this law puts priests in an incredibly difficult scenario. On the one hand, they break the Seal of Confession, an unspeakable act that could result in their rejection from the Church they love and have dedicated a lifetime to serving. On the other hand, they break a state law, setting themselves up for legal repercussions, social stigma, financial hardship, among other things. In a time where priests are given increased duties and added stress, there is no need to enact this burdensome law that will be ineffective and is unconstitutional. Priests already want what is best for those they serve; forcing them into this dilemma will not change that nor will it help anybody involved.

Submitted by the St. Jerome Newman Center students.