AP-BOSTON – Priests and other clergy have been havens for secrets, virtually beyond the reach of civilian authority or law for thousands of years.
But after widespread reports of sexual abuse of children by priests and a Middleton church worker, lawmakers are moving to get rid of a long-held clerical privilege in the name of protecting children.
On Tuesday, lawmakers gave initial approval to a bill that would require priests and other clergy to report sexual abuse of children to law enforcement if they learn about it outside of the confessional.
“We need to make the hierarchy of whatever religion understand that they can’t allow the people under them to get away with the things they’ve gotten away with,” said Rep. Patricia Haddad, D-Somerset. “If it means going against the hierarchy of the church, then OK.”
The vote by the Joint Committee on Human Services and Elderly Affairs comes days after Cardinal Bernard Law publicly defended his handling of clergy sex abuse allegations for the first time.
But church officials, while recognizing the need to protect children, say requiring priests to report conversations in the rectory or anywhere else would violate the trust people have in them – a trust that civil authorities have recognized for thousands of years.
“This goes to the foundation of our faith, of a priest’s role as a confessor,” said Gerald D’Avolio, executive director of the Massachusetts Catholic Conference, the church’s public policy arm.
Confidential conversations with clergy, such as those inside a confessional, would not have to be reported, according to the proposal.
But D’Avolio said the priest’s role as spiritual advisor would be damaged nevertheless because people would divulge much less to their priest if they knew any of it could be passed along to authorities.
Reports of sexual abuse of children have rocked the Catholic church in Massachusetts, fueling calls to do more to protect the state’s children.
Former priest John Geoghan, who is accused of molesting at least 70 children while a priest at six parishes, goes on trial in September.
Former North Attleboro priest James Porter is now serving an 18- to 20-year sentence after pleading guilty to 41 counts of raping and molesting 28 children.
On July 9, Christopher Reardon, a former youth worker at a church in Middleton, pleaded guilty to 75 of 130 counts of child rape and other charges in the biggest child sex-abuse case in state history.
Supporters said the bill would not infringe on the traditional sanctity of the confessional. Clergy would not be required to divulge child sex abuse or any other crime if shared in confidence, according to the proposal.
“We’re not saying, ‘Run out of the confession and start dropping dimes on people,’ ” said Haddad.
But state Sen. David P. Magnani, D-Framingham, said priests and other clergy serve as counselors even outside confidential settings such as the confessional, so the issue isn’t so black and white.
“There isn’t any question that this has happened, that folks have hidden behind the cloth, and we can’t tolerate that,” Magnani said.
“But the fundamental function of the clergy is to be an ear for people who are in personal crisis. If you don’t protect that, you’ve undercut a fundamental part of this country, which is the protection of religious freedom,” he said.
In order to become law, the proposal must pass the full House and Senate before being approved by the governor.