• Dragonstaff@leminal.space
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    1 day ago

    During the investigation of child sexual abuse, if the perpetrator is a Catholic, they’ll ask if the abuser confessed. If so, the priest is liable to be prosecuted.

    Honestly, my biggest problem with the law is how unlikely it is to ever be prosecuted. Proving that an abuser confessed would be impossible. They are infringing on the First Amendment and ensuring that no abuser ever talks to their priest, but in practice priests probably won’t follow the law and if they don’t the state is unlikely to actually enforce the law.

    • finitebanjo@lemmy.world
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      1 day ago

      If they only ask Catholics that sounds like it also infringes freedom of religion first amendment rights. They either have to ask every perp which church/temple/mosque/etc they go to and if they ever told a clergy member or none of the perps.

      • Bio bronk@lemmy.world
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        1 day ago

        Aiding child abuse isnt a first amendment right. You are only allowed freedom to practice religion and the government can’t force you to practice anything else. Confession isn’t protected by this.

        • finitebanjo@lemmy.world
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          16 hours ago

          If the law specifically targeted Catholics then that denomination would not have equal rights to religion. However, I went and looked up the definition just to put the issue to rest:

          (18) “Member of the clergy” means any regularly licensed,27 accredited, or ordained minister, priest, rabbi, imam, elder, or28 similarly situated religious or spiritual leader of any church,29 religious denomination, religious body, spiritual community, or sect,30 or person performing official duties that are recognized as the31 duties of a member of the clergy under the discipline, tenets,32 doctrine, or custom of the person’s church, religious denomination,33 religious body, spiritual community, or sect, whether acting in an34 individual capacity or as an employee, agent, or official of any35 public or private organization or institution.

          ~SB 5375

        • Dragonstaff@leminal.space
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          1 day ago

          This is wildly outside of the mainstream interpretation of the first amendment. Whether the law would be upheld by the court is basically a toss up.