From Father Sam Sawyer, SJ over at the Jesuit Post on Patheos:
I try not to make a habit of wading into swamps, but there’s something going on in Louisiana that should not be ignored.1 The state Supreme Court ruled that, once a penitent has waived confidentiality, what was discussed in the sacrament of confession can be fair game in court. The diocese of Baton Rouge has recently appealed the case to the United States Supreme Court. The case is particularly challenging because the confession in question was made by a girl who was being abused by a parishioner, and it appears from her testimony that the priest did not do anything to help her.2
Much of the discussion thus far has been about what Louisiana law requires and whether or not the seal of confession supersedes it. But this misses two important questions — one about what should have happened, and one about why the seal cannot be waived, even by the person who made the confession.