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as between a parishoner and a catholic priest?
is it the same protection under the law?

2007-09-08 23:36:58 · 4 answers · asked by Anonymous in Politics & Government Law & Ethics

Typo/
Meant to read
Is confidentiality between a parishoner and a protestant minister legally protected in the same way as a parishoner and a catholic priest?

2007-09-08 23:38:36 · update #1

4 answers

I am not sure, but I have never heard of a priest being forced to give testimony against a person regrading something that was mentioned in confession. Everyone knows that the priest will not break the seal of the confessional.

2007-09-09 01:27:13 · answer #1 · answered by Sldgman 7 · 0 0

Yes. There is legal precedent for such.

According to former U.S. Supreme Court Chief Justice, Warren Burger, “The clergy privilege is rooted in the imperative need for confidence and trust. The... privilege recognizes the human need to disclose to a spiritual counselor, in total and absolute confidence, what are believed to be flawed acts or thoughts and to receive consolations and guidance in return.”

Federal Rules of Evidence 506 - Communications to Clergy[edit]
(Federal recommended guidelines for State laws)

(a) Definitions. As used in this rule:

(1) A "clergyman" is a minister, priest, rabbi, or other similar functionary of a religious organization, or an individual reasonably believed so to be by the person consulting him. (2) A communication is "confidential" if made privately and not intended for further disclosure except to other persons present in furtherance of the purpose of the communication. (b) General rule of privilege. A person has a privilege to refuse to disclose and to prevent another from disclosing a confidential communication made by the person to a clergyman in his professional character as a spiritual adviser. (c) Who may claim the privilege. The privilege may be claimed by the person, by his guardian or conservator, or by his personal representative if he is deceased. The clergyman may claim the privilege on behalf of the person. His authority so to do is presumed in the absence of evidence to the contrary.

A pastor has a duty to hold in confidence any information obtained during a counseling session. A pastor who violates this trust might be on the losing end of a suit for an invasion of privacy or defamation.

Note that legal statutes about clergy confidentiality concern only what is admissible in a court of law. They are designed to determine immunities from testifying in court. Disclosures made privately indicate an intent that such communications be kept confidential and may be immune from disclosure in a court of law. Public disclosures enjoy no such immunity. It is unclear how confidentiality is applied to disclosures made to clergy during home visits if there is more than one person present.

It isn’t only the legal system that has trouble drawing such distinctions. Many churches find themselves in similar circumstances, particularly Reformed traditions that embrace a theology that emphasizes the priesthood of all believers. Is an ethic of confidentiality an issue only for ordained clergy, or is it also an issue for all members who take a leadership role within the church?

2015-03-04 11:57:25 · answer #2 · answered by sccarolina_grl 2 · 0 0

they're the two denominations of one faith, Christianity. Protestantism is an offshoot of Catholicism. Protestants do assorted issues, and characteristic less complicated centers and don't revere saints or the Blessed Virgin Mary the way Catholics do. additionally they have not got self assurance in having a Pope, and don't get carry of the Eucharist the comparable way.

2016-10-10 06:04:20 · answer #3 · answered by Anonymous · 0 0

Yes. There is no legal protection for either.

2007-09-08 23:40:49 · answer #4 · answered by Charles C 7 · 2 0

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