Transcription of THE PRIEST-PENITENT PRIVILEGE: ITS …
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THE PRIEST-PENITENT PRIVILEGE: ITS …
THE PRIEST-PENITENT PRIVILEGE: ITS CONSTITUTIONALITY AND DOCTRINEL ennard K Whittaker*"If you will, be guilty of dishonoring laws which the gods haveestablished in honor."'Eternal laws sometimes clash with their temporal counterparts. Thisstruggle between church and state can be said to be the most formativeconflict of Western civilization. Antigone refused to obey Creon.! ThomasMore would not bow to Henry VIII.' Harriet Tubman assisted escapedslaves despite the law.'An echo of this church-state, eternal-temporal tension can be found inthe PRIEST-PENITENT privilege.' The Supreme Court has never directlyaddressed the privilege's constitutionality. The doctrine supporting theprivilege has not yet been definitively article espouses that the PRIEST-PENITENT privilege's existence isbetter than its non-existence, that it is constitutional, and that it enjoys thesupport of many brief history of the privilege precedes an analysis of its current will be given to the constitutional controversy and the possibledoctrines suppor
(1) A "clergyman" is a minister, priest, rabbi, or other similar functionary of a religious organization, or an individual reasonably believed so to be by the person consulting him.
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