Secrets of the Confessional

The suit of one Gladys Sundseth of Minneapolis for a divorce from her husband Arnold has assumed large significance in the annals of the Lutheran Church. Called as a witness at the hearings last fortnight was Lutheran Pastor Emil Swenson, Augustana Synod, who was questioned as follows:

"You had a conversation with Mr. Sundseth relative to his relations with his wife. Will you please tell us what was said?"

Pastor Swenson: "That conversation was held in confidence and I cannot reveal it. The rules of the church forbid me to reveal information imparted to me confidentially, and in good conscience I have to refuse to answer the question."

Whereupon Judge Paul W. Guilford held Pastor Swenson in contempt of court, sentenced him to 30 days in jail or to pay $100 fine.

It was a stirring case in the Northwest where hundreds of thousands of good Lutherans (third largest U. S. Protestant denomination) take their private troubles to their men of God. Rev. B. E. Bergesen, of the Norwegian Lutheran Church of America, gave comfort to the faithful:

"A pastor shall absolutely not reveal confidences in court. Ecclesiastical and secular government must be kept separate." He quoted Martin Luther: " 'Since it is confessed, not to me, but to Christ, and since Christ keeps it secret, then must I also keep it secret and answer that I have heard nothing. What Christ has heard He can tell.' "

The State had argued that there is nothing in the constitution of the Lutheran Augustana Synod which would forbid a pastor from revealing information given to him at a confessional. Judge Guilford said he did not regard the Lutheran confession as binding upon the pastor, as is the Catholic confession. To this line of reasoning, the Rev. Leonard Kendall, a colleague of Pastor Swenson, replied:

"Common law always is regarded by courts unless a statute is found which supersedes it.* It is the common law of the church, even if it is not one of the rules, that a pastor who receives information in confidence must not reveal it."

The Minnesota law, which closely follows other State laws on court immunity for wearers of churchly cloth, provides:

"A clergyman or other minister of any religion shall not, without the consent of the party making the confession, be allowed to disclose a confession made to him in his professional character, in the course of discipline enjoined by the rules or practice of the religious body to which he belongs."

In most States such provisions are regarded by pastors and parishioners as protection from the pryings of the law. But Judge Guilford of Minneapolis construed the matter otherwise. Arnold Sundseth, he pointed out, had sought his pastor's advice entirely of his own volition, he was not obligated by any rule of the Lutheran church to make any sort of a confession. The statute therefore, did not apply. While many a U. S. Lutheran waited to hear whether his voluntary confessions to his pastor might some day be exposed before all men, Pastor Swenson was given a 30-day stay and his lawyers went for him to the Supreme Court of Minnesota.

* Privileged communication between priest and penitent can not be said to have been recognized as a rule of common law either in England or the U. S. But the privilege is sanctioned by statute in more than half the States, including Minnesota.

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