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Religion

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MineralMan

(148,188 posts)
Wed Jun 12, 2019, 11:31 AM Jun 2019

For Those Who Argue That the First Amendment Protects [View all]

child-abusing priests who confess their crimes to another priest, I offer this:

The First Amendment protects the right to worship as one pleases but, like other parts of the Constitution, there are limits. Our laws recognize those limits. For example:

Some religious denominations prohibit seeking medical care, and rely on prayer and other religious rites to cure. The right of an adult to refuse to seek medical care is protected. THAT DOES NOT APPLY IN THE CASE OF CHILDREN. Adult parents may not withhold life-saving health care from their children based on the adults' religious beliefs and rely on the First Amendment to insist that no care be given.

The courts, in case after case, have required that the child receive medical care in such instances. The rights of the minor child take precedence over the rights of the parents to follow their religious beliefs. Children have rights that are also protected by the Constitution and by laws.

Where child sexual abuse by priests is involved, the so-called "sanctity of the confessional" is overridden by the harm caused to the child, who cannot consent to such sexual acts. The doctrine of the church has nothing to do with any of it. The protection of the child overrides the right of the church to hide this crime from the authorities, just as the government can require that medical treatment be given to a child, regardless of the beliefs of the adult parents.

The state has an interest in protecting the rights of those who cannot assert their rights in the case of harm by an adult. That interest overrides religious doctrine.

That's my argument with regard to this.

31 replies = new reply since forum marked as read
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amen! very well thought out. Too bad the lawyers can't think. demigoddess Jun 2019 #1
I don't know that that particular issue has actually been tested. MineralMan Jun 2019 #2
Although his crimes were different, trev Jun 2019 #3
Your correct zipplewrath Jun 2019 #4
Is there a higher law that requires priests not to rape children? Major Nikon Jun 2019 #5
RCC has defended the confession, repeatedly stopdiggin Jun 2019 #8
We already have a resident member who fills us in on the RCC's position on the subject Major Nikon Jun 2019 #10
you mistake me for an apologist stopdiggin Jun 2019 #12
Didn't say or imply that, but it would be an easy mistake to make Major Nikon Jun 2019 #13
We also have a resident misframer who loves to build with straw. guillaumeb Jun 2019 #15
They're the same person Lordquinton Jun 2019 #30
And very gifted. guillaumeb Jun 2019 #31
Yes zipplewrath Jun 2019 #11
To be fair that's how most religion exerts control Major Nikon Jun 2019 #14
Yup zipplewrath Jun 2019 #16
Sounds a bit like prosperity gospel Major Nikon Jun 2019 #17
Roughly the same thing zipplewrath Jun 2019 #18
The difference is the level of delusion required Major Nikon Jun 2019 #19
Mostly "magical thinking" zipplewrath Jun 2019 #20
Most belief systems include some sort of philosophy Major Nikon Jun 2019 #21
Usually a fundamental feature zipplewrath Jun 2019 #22
Quickly followed by the "your position isn't provable either" Major Nikon Jun 2019 #23
Well, strictly speaking they're correct zipplewrath Jun 2019 #24
I don't even make it that far Major Nikon Jun 2019 #25
My one real caveat zipplewrath Jun 2019 #26
Well, given that such a thing has never occurred, nor has any witness MineralMan Jun 2019 #27
Most atheists don't assert no god exists Major Nikon Jun 2019 #28
I agree on both points zipplewrath Jun 2019 #29
No right is absolute. trotsky Jun 2019 #6
Perhaps there should be a constitutional right to children not getting raped or killed Major Nikon Jun 2019 #7
Yes, gun nuts and religious nuts. MineralMan Jun 2019 #9
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