I think I understand the concept of greater good (but I don't know how or who defines it). I see where that idea comes in to play when in a counseling relationship, but the confessional seal in my opinion is sacred and must never be violated. Luther himself near his death said that he had never violated the seal of the confession.
Jon Berg, in his paper on Lutheran Liturgical Practices states, "Undoubtedly, at this point you are thinking of possible “exceptions” to the rule. Indeed, there are exceptions to the rule of confidentiality of pastoral counseling, but none for the confessional. First of all, the pastor must be clear, especially with non-members, that the confessional assumes complete confidentially, his study does not. Yes, the confessional is not that spot where one confesses, but when one confesses, although to maintain the distinction of the “where” is helpful"
From our Roman Catholic bretheren we hear from Canon Law, " A priest, therefore, cannot break the seal to save his own life, to protect his good name, to refute a false accusation, to save the life of another, to aid the course of justice (like reporting a crime), or to avert a public calamity. He cannot be compelled by law to disclose a person's confession or be bound by any oath he takes, e.g. as a witness in a court trial. A priest cannot reveal the contents of a confession either directly, by repeating the substance of what has been said, or indirectly, by some sign, suggestion, or action.”
So, where does this leave us. First off, from what my research has shown, not that many clergy face "mandatory reporting" violations in The Confessional. Secondly, other than child abuse, the idea that my colleagues expressed about "the better good" seems to me to be a very slippery slope for what Dietrich Bonhoeffer said was a divine mandate. What is the definition of greater good? For me, divine mandate is much easier to define.
The look of shock on my colleagues faces when I told them that if necessary I would stand in contempt of court before I would break the confessional seal told me more than any words could say. For those of us feeling the call to bring back Private Confession and Absolution to the good order of our congregations, I pray that we may be bold enough to borrow from Luther, "Here I stand I can do no other, so help me God."
