Bless me, Father... are you getting this down?

I can't believe a judge has the gall to screw around with the seal of the confessional. Especially since the only thing that's going to happen is a contempt citation. Never give orders that you know won't be obeyed. Ed Peters has the relevant Canon Law information.

In his order, Los Angeles Superior Court Judge Haley Fromholz writes that Monsignor Michael Lenihan cannot assert "clergy privilege" to avoid revealing whether he heard confessions of a deacon accused of sexual abuse.

Fromholz writes that "the penitential privilege protects 'a communication made in confidence"' but "does not prohibit the disclosure of the fact that the communication occurred."

The church argued that all communications between a priest and a bishop are privileged. A church attorney said some priests might continue to refuse to answer questions despite the ruling.

Damn right they will. Yes, I have respect for the law of the land, but we're talking about two conflicting legal systems here, and a priest is still going to answer first to ecclesiastical law, even if the state punishes him for it. Peter and Paul did it, Ignatius did it, More did it. And under a lot stiffer penalties. If Msgr. Lenihan doesn't stand up for his vows (although I think he will), he's not fit to wear the stole.

As the preacher noted below, the Church is older than the State, and it will outlast it, too. The judge is badly outmatched this time.

H/T to Catholic Überblogger Mark Shea.