Catholic bishops in Washington state are suing over a new law that mandates clergy to report child abuse, even if learned during confession. The lawsuit argues the law infringes on the seal of confession, a core tenet of the Catholic faith, and violates religious freedom. The bishops claim the law could force priests to violate church law to comply with civil law. They also allege violations of the Equal Protection Clause of the 14th Amendment and the Washington Constitution. The law, which includes clergy in the list of mandatory reporters, is set to take effect in July.
14 days ago
The Catholic bishops of Washington state have filed a lawsuit challenging a new state law, Senate Bill 5375, which requires clergy to report child abuse or neglect, even if learned during the sacrament of confession 1 2 3. Signed into law by Gov. Bob Ferguson on May 2, the law goes into effect July 27 and adds clergy to the list of mandatory reporters, without the "privileged communication" exemption granted to other professionals 1. Priests who fail to report such abuse could face up to 364 days in jail and a $5,000 fine 1.
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 1 6. It also claims violations of the 14th Amendment's Equal Protection Clause and the Washington Constitution 1. The bishops contend that the law specifically targets the Catholic Church by demanding priests violate Church norms while exempting other groups from similar reporting requirements 2 6. The suit emphasizes the impossible choice now faced by priests: violate 2,000 years of Church teaching and incur excommunication, or refuse to comply with the law and face imprisonment 2.
The Catholic Church maintains the "sacramental seal is inviolable," meaning priests are strictly forbidden from divulging anything revealed during confession 3 5. Canon law stipulates that violating the seal results in automatic excommunication 6. Bishops and priests have affirmed their commitment to upholding the seal, even if it means imprisonment 1 3. The Washington State Catholic Conference has stated that the law jeopardizes the confidential space confession offers for seeking God's mercy and guidance 1 2. The lawsuit notes that the dioceses already have policies that go further than state law in protecting children, with the sole exception of information learned in confession 1 6.
The U.S. Department of Justice launched an investigation into the law, citing concerns about its conflict with the First Amendment's guarantee of religious freedom 1 3 5. Assistant Attorney General Harmeet Dhillon described the law as a "legislative attack on the Catholic Church" 1. While most states have mandatory reporting laws for clergy, nearly all provide exemptions for information revealed during confession 2 6. The Becket Fund for Religious Liberty, the First Liberty Institute, and the WilmerHale law firm are representing the Washington bishops in the lawsuit 1 6.
Legal experts and religious freedom advocates have criticized the law as a brazen attack on faith 2 5. Mark Rienzi, president of Becket, stated the law is not about protecting children, but about jailing priests for following Church practices 2 5. Jean Hill, executive director of the Washington State Catholic Conference, expressed concern that the law risks discouraging individuals who have caused harm from seeking moral guidance 2. The outcome of the lawsuit could have significant implications for religious freedom and the relationship between church and state 5.
What is the inviolability of the sacramental seal?
The sacramental seal refers to the absolute confidentiality required of a priest regarding sins confessed to him during the Sacrament of Penance . The Church insists on this secrecy, with no exceptions, recognizing the "delicacy and greatness of this ministry and the respect due to persons" .
The defense of the sacramental seal, even to the point of martyrdom, is a testimony to the uniqueness and salvific universality of Christ and the Church . The priest, in confession, knows the sins of the penitent not as a man, but as God . The priest "does not know" what was said during confession in a human way but knows it in the name of God .
In summary, the sacramental seal is an inviolable bond of secrecy that protects the penitent and the sanctity of the Sacrament of Reconciliation.