Catholic bishops in Washington state are suing over a new law that mandates priests report child abuse, even if learned during confession. The bishops argue the law infringes on the seal of confession, a core tenet of the Catholic faith, and violates the First Amendment's free exercise of religion. The law, which includes clergy in the list of mandatory reporters, does not provide an exception for sacramental confessions. Priests who fail to report could face jail time and fines. The lawsuit is being supported by religious liberty law firms.
14 days ago
The Catholic bishops of Washington state have filed a lawsuit against a new state law that mandates clergy to report child abuse or neglect, even if learned during sacramental confession 1 2 4. The law, signed by Governor Bob Ferguson on May 2, goes into effect July 27 and adds clergy to the list of mandatory reporters, denying them the "privileged communication" exemption granted to other professionals 1 2. Priests who fail to comply could face up to 364 days in jail and a $5,000 fine 1 2.
The lawsuit, filed by the Archdiocese of Seattle and the dioceses of Spokane and Yakima, argues that the law violates the First Amendment's guarantee of free exercise of religion, the Fourteenth Amendment's equal protection clause, and the Washington Constitution 1 2. The bishops assert that the law infringes on the sacred seal of confession 1 2. The U.S. Department of Justice, under President Trump, has launched an investigation into the law, deeming it an "anti-Catholic" measure 1 2. The Becket Fund for Religious Liberty, First Liberty Institute, and WilmerHale are representing the bishops 1 2.
The Catholic Church maintains a firm stance on the inviolability of the confessional seal, citing over 2,000 years of Church doctrine 1 2. Canon law forbids priests from betraying a penitent's confession under penalty of excommunication 1 2. The Catechism of the Catholic Church emphasizes the absolute secrecy required of priests regarding sins confessed to them 4. Spokane Bishop Thomas Daly and Seattle Archbishop Paul Etienne have vowed to uphold the seal, even if it means imprisonment 1 2.
While Governor Ferguson defends the law as "important legislation" to protect children, the bishops argue it is a "brazen act of religious discrimination" 1 2 4. Supporters of the law argue it addresses an omission in the state's list of mandatory reporters 4. Opponents, like Mark Rienzi of Becket, contend it's about "jailing priests for following the Church’s ancient faith practices" 4. The Washington State Catholic Conference previously supported a version of the bill that included an exception for confession 4.
Every U.S. state has mandatory reporting laws, but most that include clergy provide some clergy-penitent privileges 4. The lawsuit highlights the potential conflict between civil law and Church law, with priests historically willing to face martyrdom rather than violate the confessional seal 4. Hiram Sasser of First Liberty Institute asserts that the Constitution protects the priests' right to adhere to their religious duty 4. The Justice Department's investigation signals potential national implications for religious freedom 1 2 4.
The inviolability of sacramental confession is divinely instituted.
The inviolability of the sacramental seal in confession is indeed a divinely instituted principle, upheld by the Church with the utmost seriousness. Here's a breakdown of what that entails:
The Church's firm stance on the inviolability of the confessional seal underscores the importance of this sacrament in the life of Catholics, providing a safe and sacred space for seeking forgiveness and reconciliation with God.