CNA Staff, Jan 22, 2025 / 14:15 pm

A Montana bill that could compel Catholic priests to break the seal of confession is being criticized by Catholics who say it could eliminate key religious liberty protections.

The proposed bill would “eliminate clergy exemption in mandatory reporting of child abuse and neglect.” It states that clergy and others in the mandatory reporting group such as medical practitioners and social workers “may not refuse to make a report as required … on the grounds of a physician-patient or similar privilege.”

While clergy are often mandatory reporters outside of the confessional, long-standing legal precedent in the U.S. recognizes the religious freedom of confessors and penitents to be exempt from those rules.

Clergy members are already mandatory reporters of child abuse or neglect in Montana, though current Montana law upholds the priest-penitent privilege, requiring that “a member of the clergy or priest may not, without the consent of the person making the confession, be examined as to any confession made to the individual.”

The sacramental seal of confession in the Catholic Church strictly prohibits priests from sharing anything a penitent says during the sacrament of reconciliation. Any priest who “directly violates the sacramental seal” incurs excommunication, according to the Code of Canon Law (Canon 1386).  

Montana Rep. Lukas Schubert, R-Kalispell, an outspoken critic of the bill and a Catholic himself, criticized the legislation in an interview with CNA, saying it targeted Catholics. 

“I believe that this bill is an attack on the Catholic faith,” Schubert told CNA. “This Democrat bill would attempt to require Catholic priests to break the seal of confession.”

Matthew Brower, the executive director of the Montana Catholic Conference, told CNA that the conference has been following the legislation closely and awaiting a potential hearing.

“Montana’s bishops have a good relationship with our lawmakers and that allows them the ability to effectively engage in our legislative process,” Brower said.  

Rep. Mary Ann Dunwell, D-Helena, who is sponsoring the bill, told CNA that the measure is designed “to protect children from sexual and other abuse.”

Asked about claims that the bill goes against Church teaching, Dunwell said: “This is about civil and criminal laws to protect children from child sex abuse. It’s not about canon law. Otherwise, there’d be no separation of church and state.” 

Regarding the priest-penitent privilege, the U.S. Supreme Court “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 priestly consolation and guidance in return,” according to the 1980 Trammel v. United States decision.

The priest-penitent privilege extends to more than just Catholics; several Protestant denominations including the Episcopal Church and the American Lutheran Church also hold requirements for secrecy for confession.

“All Catholics, Christians, and people with common sense must oppose this bill,” Schubert said. 

Similar bills have been proposed in recent years. In May 2023 Delaware legislators proposed a bill requiring priests to break the seal of confession in cases of reporting sexual abuse. A similar law was proposed in Vermont around the same time. Both bills failed to advance in their respective legislatures.

Brower said those at the Montana Catholic Conference “look forward to working with our legislators to help clear up any misunderstandings they might have regarding mandatory reporting by clergy and the sacrament of penance.”

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“This legislation may be a well-intentioned but simply misguided proposal,” Brower noted.