HELENA, Montana (LifeSiteNews) — A “cradle Catholic” Montana lawmaker who left the faith five years ago amended her bill that would have jailed priests for up to five years for not breaking the Seal of Confession.
However, the bill still puts a target on priests back and intrudes on private spiritual communications by requiring clergy to report abuse if they hear about it while counseling someone.
The bill, both an amended version and the original version, won praise from several female “ministers” who said they were raised in the Catholic faith, as well as a priest who is no longer allowed to hear confessions anywhere in the world because he advocates for breaking the Seal of Confession.
Senate Bill 139 from Senator Mary Ann Dunwell originally removed the “clergy-penitent privilege,” which respects the duty of priests to not reveal what they hear during Confession. Priests are bound to keep what they hear in Confession secret and are automatically excommunicated if they break the seal.
During a hearing on Tuesday, Senator Dunwell presented an amended version of her bill that she said had been crafted in consultation with the Montana Catholic Conference and the Diocese of Helena. However, the current bill replaces the clergy exemption with a vaguer exception for communication “required to be confidential by canon law, church doctrine, or established church practice.”
Several groups opposed even this amended version. Current law already protects the exemption, so any bill adding further vague language would only weaken this.
Dunwell herself said the bill still removes some exceptions from the law. This includes an exception for statements “intended to be a part of a confidential communication between the member of the clergy or the priest and a member of the church or congregation.”
She now says she “understand[s]” the issues with her original bill. Last week she dismissed religious freedom concerns about the bill when questioned by LifeSiteNews.
Montana bill would still jail priests if they don’t report abuse heard during a confidential counseling session. pic.twitter.com/7ZXpvybFbW
— Matt Lamb (@MattLamb22) January 29, 2025
“I have spoken to various faith communities” and “members of the Catholic clergy” across the country, Dunwell stated last week. She said that clergy told her they could grant absolution for sins and still report abuse.
LifeSiteNews asked about the excommunicable offense of violating the Seal of Confession and how the clergy would be able to report abuse without being excommunicated. “You know that’s really off the subject of the bill, you’re going to have to ask them that,” Dunwell said during the phone interview; however, she did not provide the names and contact info of the clergy members whom she spoke to when asked during a follow-up email.
Pressed for clarification on how it is “off the subject,” she said the question deals with “faith communities and canon law.”
Talking to a priest during “counseling” is “not exempt” Dunwell said during the hearing.
LifeSiteNews had emailed her during the hearing to ask for clarification on the exception and if it applied to priests who heard from an abuse victim during counseling or from an abuser. Her comments during the hearing suggest it refers to someone being abusive who is in counseling, saying someone could not retroactively tell a priest an admission was a confession.
In support of the bill was a Methodist female “minister” and a United Church of Christ “minister.” A male Protestant pastor also supported the bill, at least the original one, on the basis it would allow priests to reveal what was heard during Confession. Civil law, however, cannot trump canon law.
Furthermore, Fr. Jim Connell spoke in favor of the bill. Fr. Connell regularly advocates that priests break the sanctity of the confessional. Due to this advocacy, the Archdiocese of Milwaukee, where he is incardinated, removed his faculties to hear confessions anywhere, a prohibition which remains.
Fr. Jim Connell is not allowed to hear Confessions because he wants to remove the seal of confession in some cases.
Here is him offering his opinion on a Montana bill. pic.twitter.com/dCOLBMcLZp
— Matt Lamb (@MattLamb22) January 29, 2025
“The removal of Father Jim Connell’s faculties to hear confessions and grant absolution in the sacrament of reconciliation remains unchanged,” Fr. Nathan Reesman, vicar for the clergy of the Archdiocese of Milwaukee, told LifeSiteNews via email on Tuesday.
“This restriction will remain in place as long as Father continues to falsely claim that there can ever be some exception to maintaining the confessional seal,” Fr. Reesman said. “We firmly oppose any weakening of the legal protections of the clergy penitent privilege.”
In opposition was the Montana Family Foundation, a baptist minister, and the Pacific Justice Institute.
“Even if amended, we question whether the bill is necessary,” the Montana Family Foundation’s counsel testified.
— Matt Lamb (@MattLamb22) January 29, 2025
Derek Oestreicher said the exemption should be “retained,” otherwise the law would require priests or Protestant pastors to “violate the confidence of their congregants, especially in the sacred context of Confession and religious counseling.”
He gave the example of someone sharing problems with feeding their kids, which might be considered “child neglect.” Churches, instead, should be able to help their congregants.
The representative warned of the “chilling effect” on the relationship between ministers and their flock.
LifeSiteNews emailed the Montana Catholic Conference on Tuesday about the potential problems with having a priest report someone who comes to them for counseling. The group did not respond to the email nor a voicemail left on Wednesday morning with executive director Matt Brower. LifeSiteNews also asked about simply killing the bill and leaving the law as is since it already contains protections for priests.
Last week, the group also did not respond to an email and a voicemail seeking comment on the bill.