Academics
Subject: Re: The clergy-penitent privilege and burdens on third parties
I will confess to not having read the state cases, or at least not most of
them. But isn't the question whether the privilege is constitutionally
required? (Perhaps the fact that it is referred
: Friday, December 06, 2013 11:18 PM
To: Law Religion issues for Law Academics
Subject: RE: The clergy-penitent privilege and burdens on third parties
As I've said earlier, I'm sympathetic to Richard's argument inasmuch as
confession is in fact part of a complex (required) sacramental process
I much appreciate Marci's comments. From the point of view of the free
exercise of religion, the question for the believer, in my view, is what
the effect of the revelation of confidential information is on the soul of
the penitent, not what the legal consequences might be. Obviously the
state
In my view, there should be no privilege for criminal acts.
Marci A. Hamilton
Verkuil Chair in Public Law
Benjamin N. Cardozo Law School
Yeshiva University
@Marci_Hamilton
On Dec 7, 2013, at 12:12 PM, Richard Dougherty dou...@udallas.edu wrote:
I much appreciate Marci's comments. From
Of Douglas Laycock
Sent: Saturday, December 07, 2013 10:53 AM
To: 'Law Religion issues for Law Academics'
Subject: RE: The clergy-penitent privilege and burdens on third parties
I think the history of the privilege is that it was first protected for
Catholics, because of its sacramental nature
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SUMMARY:RE: The clergy-penitent privilege and burdens on third parties
DESCRIPTION:When: 7:30pm â 8:30pm
Religion issues for Law Academics'
Subject: RE: The clergy-penitent privilege and burdens on third parties
I think the history of the privilege is that it was first protected for
Catholics, because of its sacramental nature and the very strong teaching, and
then extended to other faiths by analogy
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SUMMARY:RE: The clergy-penitent privilege and burdens on third parties
DESCRIPTION:When: 7:30pm â 8:30pm
: vol...@law.ucla.edu
To: religionlaw@lists.ucla.edu
Date: Thu, 5 Dec 2013 14:44:54 -0800
Subject: RE: The clergy-penitent privilege and burdens on third parties
I’m sure there are some such situations, perhaps even quite a
few. But I imagine there are quite a few situations where
Academics
Subject: RE: The clergy-penitent privilege and burdens on third parties
My sense is that I (as someone who is irreligious) would get
relatively little solace or even wise counsel from speaking to an average
Catholic priest about my troubles and misdeeds, at least
l...@wayne.edu
To: 'Law Religion issues for Law Academics' religionlaw@lists.ucla.edu
Sent: Fri, Dec 6, 2013 10:06 am
Subject: RE: The clergy-penitent privilege and burdens on third parties
Again, I’m late—sorry about that. But honestly people, it’s shocking how many
posts are written between
To: 'Law Religion issues for Law Academics' religionlaw@lists.ucla.edu
Sent: Fri, Dec 6, 2013 10:06 am
Subject: RE: The clergy-penitent privilege and burdens on third parties
Again, I’m late—sorry about that. But honestly people, it’s shocking
how many posts are written between the hours of 9
06, 2013 6:09 PM
To: Law Religion issues for Law Academics
Subject: Re: The clergy-penitent privilege and burdens on third parties
I will confess to not having read the state cases, or at least not most of
them. But isn't the question whether the privilege is constitutionally
required
Sent: Wednesday, December 04, 2013 11:35 PM
To: Law Religion issues for Law Academics
Subject: RE: The clergy-penitent privilege and burdens on third parties
Much of free speech law involves protecting speech that burdens third
parties; for example, the victims of hate speech suffer emotional
Sent: Wednesday, December 04, 2013 11:35 PM
To: Law Religion issues for Law Academics
Subject: RE: The clergy-penitent privilege and burdens on third parties
Much of free speech law involves protecting speech that burdens third
parties; for example, the victims of hate speech suffer
for Law Academics
Subject: Re: The clergy-penitent privilege and burdens on third parties
Is that accurate? It may vary, but I thought the privilege could be claimed for
any confidential communication made to a clergy member in his/her professional
capacity as a spiritual advisor. The person seeking
, December 05, 2013 4:17 PM
To: Law Religion issues for Law Academics
Subject: RE: The clergy-penitent privilege and burdens on third parties
My sense is that I (as someone who is irreligious) would get
relatively little solace or even wise counsel from speaking to an average
.
Eugene
From: religionlaw-boun...@lists.ucla.edu
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Sisk, Gregory C.
Sent: Thursday, December 05, 2013 2:31 PM
To: 'Law Religion issues for Law Academics'
Subject: RE: The clergy-penitent privilege and burdens on third parties
, 2013 9:38 PM
To: Law Religion Law List
Subject: Re: The clergy-penitent privilege and burdens on third parties
I disagree with Eugene on this - as a non-religious athiest, I have met many
ministers and priests with whom I have had excellent conversations, some even
confessional or at least very
: The clergy-penitent privilege and burdens on third parties
Actually, I think non-Catholics mostly would be pleasantly surprised, both on
the receptivity of the priest-confessor and the wisdom of the response. To
be sure, there are some misdeeds that are shared in confession that are
understood
-0215
http://sol-reform.com
-Original Message-
From: Steven Jamar stevenja...@gmail.com
To: Law Religion Law List religionlaw@lists.ucla.edu
Sent: Thu, Dec 5, 2013 10:09 pm
Subject: Re: The clergy-penitent privilege and burdens on third parties
Sandy and Marci,
I agree my
)
Subject: The clergy-penitent privilege and burdens on third parties
I don’t know how it is in other states, but Cal. Evid Code
1030-1034 absolutely covers any “communication made in confidence, in the
presence of no third person so far as the penitent is aware, to a member
Many reasons can be offered for the venerable privilege that originated as the
priest-penitent privilege, including as Doug notes that the penitent having the
confidence that confession is sacrosanct will be willing to share that which he
or she withholds from all others and thereby be in a
Religion issues for Law Academics'
Subject: RE: The clergy-penitent privilege and burdens on third parties
I think Marc’s point is solid and underappreciated. Following up on it, does
anyone know of any literature that tries to think about “burdens on third
parties” across constitutional rights? We
To: 'Law Religion issues for Law Academics'
Subject: RE: The clergy-penitent privilege and burdens on third parties
Many reasons can be offered for the venerable privilege that originated as the
priest-penitent privilege, including as Doug notes that the penitent having the
confidence
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Alan Brownstein
Sent: Wednesday, December 04, 2013 11:35 PM
To: Law Religion issues for Law Academics
Subject: RE: The clergy-penitent privilege and burdens on third parties
Much of free speech law involves protecting speech that burdens third parties
, Eugene
Sent: Tuesday, December 03, 2013 7:39 PM
To: Law Religion issues for Law Academics (religionlaw@lists.ucla.edu)
Subject: The clergy-penitent privilege and burdens on third parties
One more question about the unconstitutional burdens on third
parties theory: The clergy
Sent: Tuesday, December 03, 2013 7:39 PM
To: Law Religion issues for Law Academics (religionlaw@lists.ucla.edu)
Subject: The clergy-penitent privilege and burdens on third parties
One more question about the unconstitutional burdens on third
parties theory: The clergy-penitent
:06 PM
To: Law Religion issues for Law Academics; Levinson, Sanford V
Subject: Re: The clergy-penitent privilege and burdens on third parties
Eugene's hypothetical presumably describes some of the cases, from the least
sophisticated or most desperate penitents. But it probably doesn't describe
@lists.ucla.edu)
Subject: The clergy-penitent privilege and burdens on third parties
One more question about the unconstitutional burdens on
third parties theory: The clergy-penitent privilege allows the clergy
(and penitents) to refuse to testify about penitential
To: Douglas Laycock; Law Religion issues for Law Academics
Subject: RE: The clergy-penitent privilege and burdens on third parties
I strongly suspect that Doug is right. Still, I do wonder how often cases do
arise beyond the Catholic Church (which probably fulfills my conditions for the
privilege
: religionlaw-boun...@lists.ucla.edu
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Ira Lupu
Sent: Tuesday, December 03, 2013 7:39 PM
To: Law Religion issues for Law Academics
Subject: Re: The clergy-penitent privilege and burdens on third parties
And the clergy-penitent privilege is one
persuasive.
sandy
From: religionlaw-boun...@lists.ucla.edu
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Ira Lupu
Sent: Tuesday, December 03, 2013 10:39 PM
To: Law Religion issues for Law Academics
Subject: Re: The clergy-penitent privilege and burdens on third parties
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