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."
Excuse my ignorance, but how can there be any gray area with regard to the Confessional Seal? It IS....and the fact you have colleagues who believe that to be something one can waffle with astounds me. Maybe it is a good thing more of your fellow Pastors DON'T offer private confession. I congratulate you on your integrity toward your vocation and your flock.
ReplyDeleteI agree with my colleague. I have had similar conversations with other clergy, and there seems to be a very unclear understanding of the seal. I myself went to confess to another Lutheran colleague one time and before the rite, he stated, "I need you to understand that if you confess anything having to do with abuse, esepecially of a child, I am compelled by law to report to the appropriate authorities." Well, to begin, that was NOT what I was there to confess...but I was nevertheless appalled to see that he did not adhere to an understanding of a the absolute-ness of the confidentiality of confession. I consistently teach the people in my congregation that the seal is inviolable, even in a court of law, and that they do not need to fear confessing anything to me. Further, it will not affect my relationship with them, regardless of the subject of their confession. I do believe that if more people understood that, they would not be so hesitant to confess their sins to their pastor.
ReplyDeleteI appreciate the clarity of this very much. I will admit freely that I didn't understand the depth of responsibility of the confessional seal, and I had a faulty understanding of it as well.
ReplyDeleteI remember being in shock as a new pastor 15 years ago as I heard my lawyer husband talk about mandated reporting and then hearing a group of colleagues that were 'uncomfortable' with having to bring in authorities in cases of abuse that were revealed during counseling. They wanted to address the issue themselves 'pastorally' instead of working with the system to try to ensure the safety of the children (in that conversation) and I was astonished at the ignorance of their responses because they seemed to intent on covering their tails and not getting in trouble.
What I hear and understand in this issue is that this is NOT about ignorance of the law, but a recognition of a higher law. I hear the clear distinction between counseling and the confessional seal responsibilities- distinctions that I didn't know. THANK YOU.
I am not generally an ignorant or cowardly person, although ignorance and cowardice are certainly a part of me- what I hear also in this conversation is that the importance, value and implications of the confessional seal are not being taught on many levels in both the congregations and in the seminary (at least I don't remember the healing power of this gift being emphasized while I was studying.)
These conversations are very valuable. I would like to hear more, please.
Thank you~
RevSis
Dos Padres, you write in interesting piece. As with RevSis, I believe the main issues around our ignorance around the confessional seal is that a) we're never really taught about the confessional (at least I wasn't in sem...) and b) we have no 'canon law' to reference to determine what is acceptable practice.
ReplyDeleteTo keep the seal intact, in the face of prison, etc is one the crosses we as clergy are to bear. Sadly, for us ELCA Lutherans, this too is an option.
Peace,
Theologia Crucis