The Court is wrong. Penitent does not mean a Catholic parishioner going to a priest to confess his sins according to the Catholic church version religion. It only means the confidentiality that exists between a minister and the person going to him for spiritual help even if the discipline is not penance consisting of 10 hail maries., 100 our fathers and 1 glory be.The judge has no business defining what that spiritual help is and what the religious setting should be.
Penitent means anyone according to age and mental legal requirements that goes to his minister for spiritual help. The conversation is confidential same as talking to a lawyer.