Is the Internal Forum under Attack? The Status of the Sacramental Seal and the Internal Forum in Church and State in the USA

In recent years, the sacramental seal and the internal forum have been subjected to numerous attacks in both the mainstream media and in state legislatures. Arguments are made with increasing frequency that "secrecy" has no place in modern society, at least when respecting "confidential communications" means certain heinous crimes may go unreported. Nevertheless, respect for the contents of the internal forum is a long-established principle of morality and canon law, and its importance in the life of the Church cannot be ignored. This article begins with an examination of the current civil laws of the United States respecting confidential communications made to clergy. It then considers the relevant moral and legal principles, including recent and important relevant guidance from the Holy See. Finally, the article concludes with a review of three specific areas in which the balance between sharing necessary information and protecting the internal forum are especially imperative: abuse reporting systems, seminary formation programs, and document retention policies and practices.