A federal court has blocked a Washington law. The law would have compelled priests to violate the seal of confession. The court's decision protects religious freedom.
15 days ago
A federal court in Washington state has issued a preliminary injunction, temporarily blocking a new state law that would have compelled priests to violate the seal of confession to report suspected child sex abuse 1 2 3 4. The law, signed by Democratic Gov. Robert Ferguson, a Catholic, was set to take effect in nine days and would have subjected clergy to "gross misdemeanor" charges, fines, or incarceration for non-compliance 3 4.
U.S. District Judge David Estudillo, appointed by President Joe Biden, ruled that the law "burdened the free exercise of religion" 2 4. He stated that the measure placed priests in a position of choosing between their faith's requirements and violating the law 2. The judge noted that the law specifically modified existing statutes to make clergy mandatory reporters without including an exemption for information learned in the confessional, unlike "privileged communication" exceptions afforded to other professionals such as lawyers, doctors, and social service workers 2 3 4. Estudillo found the law to be "neither neutral nor generally applicable" because it treated religious activity less favorably than comparable secular activities 2 4. He pointed out that over two dozen other states successfully operate with clergy mandatory reporting laws that include a narrow exemption for confession 2 4.
The injunction resulted from a lawsuit filed by Washington state's three Catholic dioceses—Seattle, Spokane, and Yakima—against Governor Ferguson, Attorney General Nicholas Brown, and numerous prosecutors 2 3 4. The lawsuit contended that the law violated the First Amendment's free exercise clause, the 14th Amendment's equal protection clause, and the state constitution 2 4. The legal challenge garnered significant support from various groups, including the U.S. Conference of Catholic Bishops, the U.S. Department of Justice (which described the bill as "anti-Catholic"), a coalition of Orthodox churches, and Bishop Robert Barron of Winona-Rochester, Minnesota 2 3 4.
Catholic leaders emphasized the inviolability of the seal of confession, which is considered sacred 2 4. Bishop Robert Barron argued that if penitents believed a priest might disclose their confession, they would be reluctant to approach the sacrament, which Catholics believe is a direct encounter with God through the priest 2 4. Catholic canon law dictates that a priest who directly violates the seal of confession faces automatic excommunication 2 4. Spokane Bishop Thomas Daly affirmed that priests are committed to upholding the seal, even if it means facing jail time 2 4. Conversely, critics of the seal, such as Mary Dispenza of the Survivors Network of those Abused by Priests (SNAP), argued that confession rewards secrecy and protects perpetrators rather than victims, viewing the seal as a practice rather than a divine mandate 3.
What is the Church's teaching on the Sacrament of Confession?
The Catholic Church teaches that the Sacrament of Confession, also known as Penance or Reconciliation, is a sacrament instituted by Christ for the forgiveness of sins committed after Baptism . It is a means by which baptized individuals can be reconciled with God and the Church .
The Catechism of the Catholic Church provides several names for this sacrament, each highlighting a different aspect of its nature :
The Sacrament of Penance is necessary for salvation for those who have fallen into grave sin after Baptism, just as Baptism is necessary for those not yet reborn . It offers a new possibility to convert and recover the grace of justification for those who have lost their baptismal grace through grave sin . The Fathers of the Church refer to it as "the second plank [of salvation] after the shipwreck which is the loss of grace" .
The Sacrament of Penance consists of actions by the penitent and the priest's absolution . The penitent's actions are:
The priest's role involves a greeting and blessing, reading the Word of God, an exhortation to repentance, hearing the confession, imposing a penance, granting absolution, and a prayer of thanksgiving and dismissal .
Only a priest can administer the Sacrament of Penance . In hearing confessions, the priest acts as both a judge and a physician, a minister of divine justice and mercy, adhering faithfully to the doctrine of the Magisterium . For valid absolution, the priest must have the power of orders and the faculty to exercise it for the faithful .
The primary purpose and effect of this sacrament is reconciliation with God, restoring the penitent to God's grace and intimate friendship . This reconciliation brings peace and serenity of conscience, along with spiritual consolation . It is considered a "spiritual resurrection," restoring the dignity and blessings of being a child of God .
Furthermore, the sacrament reconciles the penitent with the Church. Sin damages fraternal communion, and Penance repairs or restores it, having a revitalizing effect on the Church as a whole . This reconciliation also extends to the penitent's inmost being, restoring their inner truth, and reconciling them with brethren they have offended and with all creation .
The sacramental seal is inviolable, meaning it is absolutely forbidden for a confessor to betray a penitent in any way, for any reason . This obligation extends to interpreters and anyone else who gains knowledge of sins from confession . A confessor who directly violates the sacramental seal incurs latae sententiae excommunication reserved to the Apostolic See . Knowledge acquired from confession cannot be used to the detriment of the penitent, even if there is no danger of revelation, nor can it be used for external governance by someone in authority .
While individual confession and absolution are the ordinary means of reconciliation for grave sins , the sacrament can also take place within a communal celebration. In such a setting, personal confession and individual absolution are integrated into a Liturgy of the Word, with readings, a homily, a communal examination of conscience, and shared prayers . This communal form highlights the ecclesial character of penance, but regardless of the manner of celebration, it remains a liturgical, ecclesial, and public action . General absolution, without prior individual confession, is only permitted in cases of imminent danger of death or grave necessity where there are insufficient confessors .
The proper place for sacramental confessions is a church or oratory. Bishops' conferences are to establish norms for confessionals, ensuring there are always confessionals with a fixed grate between the penitent and confessor in an open place for those who wish to use them. Confessions should not be heard outside a confessional without a just cause .