Montana Catholic Conference Supports Amended Clergy Reporting Bill
"This bill is about protecting children and preventing further incidents of child sex abuse"
Matt Brower, the executive director of the Montana Catholic Conference (MCC), said that the conference supports the amended version of Senate Bill (SB) 139, which seeks to “eliminate clergy exemption in mandatory reporting of child abuse and neglect.”
In the original SB 139 proposal, Catholic priests would have been required to break the seal of confession if someone reported child abuse.
The bill, at first, wanted to change Montana law to say priests and other professions “may not refuse to make a report as required … on the grounds of a physician-patient or similar privilege.”
However, during SB 139’s hearing on Tuesday, Jan. 28, State Sen. Mary Ann Dunwell (D-Helena) said she would introduce an amendment to the bill that would honor the “seal of confession in the Catholic faith and church doctrine in other faiths.”
The Montana Senate Judiciary Committee heard the bill as if this amendment was added to the bill proposal.
Dunwell, who is the primary sponsor of SB 139, said she “worked with the Helena Catholic Diocese and the MCC on this amendment.”
“I understand the problem with asking priests to break the seal of the confessionals. We left that exemption in as well as church doctrine. SB 139 exempts no other church practice,” the state senator said. “For example, information of abuse at choir practice, at church camps, in religious schools, in the rectory, talking or counseling with a priest or other member of the clergy. All [are] not exempt.”
“This bill is about protecting children and preventing further incidents of child sex abuse,” she added.
Brower, who spoke on behalf of “the Roman Catholic bishops of Montana,” thanked Dunwell for the amendment she offered to SB 139.
“As a result of her openness to engage in dialogue and conversation with our Catholic leaders, we were able to arrive on an amended bill that seeks to advance public policies to keep our kids safe while at the same time respecting deeply held Catholic beliefs regarding sacramental confession,” the executive director said. “We are very grateful for this cooperation.”
According to Catholic Cannon Law, priests can not reveal anything said to them during confession. If a priest breaks the seal of confession, the Catholic Church excommunicates the priest.
In addition to the Catholic Church, the Anglican Church and Lutheran Church also recognize the seal of confession.
Brower said this amended bill “will mirror the policy approach taken by the Catholic Church” in Montana.
“It is important to note that with the proposed amendment, this bill will reflect the current operational reality in both Catholic dioceses in Montana as it relates to mandatory reporting of child abuse and neglect,” he added.
Montana state law mandates priests be mandatory reporters of child abuse except when in a confessional setting.
Brower urged the committee to pass the bill.
“We want to thank the sponsor for her care and concern for the protection of young people,” he said. “The Catholic bishops of Montana join in this commitment to ensuring our children are protected both in law and in practice.”
Derek Oestreicher, chief legal counsel for Montana Family Foundation, said the organization opposed SB 139 unless it was amended to “retain the critical exemption for clergy under Montana’s mandatory reporting requirements.”
“Even if amended, we question whether the bill is necessary,” he said. “This bill may have the opposite effect if this exemption is removed because people would be afraid to come to their pastor or their priest to get help that they might need.”
Oestreicher emphasized that child abuse and neglect are “grave and pressing issues.”
“Churches across Montana take these issues very seriously. Priests and pastors play a crucial role in preventing child abuse and neglect,” he said.
He also added that forcing clergy to “choose between violating their religious beliefs or facing legal penalties is an unconstitutional burden that should not be imposed.”
Oestreicher said the amendment to SB 139 was “essential to bring the legislation into compliance with constitutional protections for religious freedom.”
However, he said “a bill designed to remove an exemption that must be amended to add that very same exemption back in seems a little backwards.”
“What are we accomplishing here if there is no net gain?” Oestreicher asked
“On those grounds, we oppose the bill,” Oestreicher added. “We don’t think it’s worth our time.”
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Zachery Schmidt is the founder of The Montana Chronicles. If you have any tips, please send them to montanachronicles@proton.me.