In a move that has sparked controversy and defiance, Washington state Governor Bob Ferguson, a Democrat, has signed into law a bill that compels priests to break the seal of confession if they are informed of abuse.
This new legislation, which invites the government into the confessional, is seen by many as a violation of the Constitution's Establishment Clause and a threat to priests who could face automatic excommunication. In response, Catholic bishops in Washington state have pledged resistance, and the Department of Justice has initiated a civil rights investigation.
According to The Blaze, Senate Bill 5375, which was approved by the state Senate with a 28-20 vote and the state House with a 64-31 vote, mandates any person in an official supervisory role within a nonprofit or a for-profit organization including priests, ordained ministers, and rabbis who has "reasonable cause to believe that a child has suffered abuse or neglect" to report to law enforcement or the Department of Children, Youth and Families. Notably, the bill does not provide any exemptions for allegations learned through confession.
The Democratic law, by compelling priests to disclose information obtained in the confessional, puts them at risk of excommunication. The Catechism of the Catholic Church is unequivocal on this matter, stating, "The sacramental seal is inviolable; therefore it is absolutely forbidden for a confessor to betray in any way a penitent in words or in any manner and for any reason." Canon Law further stipulates that a "confessor who directly violates the sacramental seal incurs a automatic excommunication reserved to the Apostolic See."
Democratic state Sen. Noel Frame, a prime sponsor of the bill, seemed unfazed by these potential repercussions, stating, "There are some things that it doesn't matter what religion you are in; you never put somebody's conscience over the protection of a child," as reported by KXLY-TV. However, during the debate in February, Republican state Sen. Leonard Christian pointed out that the legislation would force "somebody who's given their entire life raised their hand, made an oath with God almighty to choose between God's law and man's law."
Catholic bishops in the state have made their stance clear. The Most Rev. Thomas Daly, Bishop of Spokane, reassured Catholics in his diocese that their priests and bishop "are committed to keeping the seal of the confession even to the point of going to jail." He further emphasized the Church's commitment to child safety, citing the existence of solid protocols and procedures and a zero-tolerance policy regarding child sexual abuse.
Seattle Archbishop Paul Etienne echoed this sentiment, stating that while the Church "agrees with the goal of protecting children and preventing child abuse" and already has policies requiring priests to be mandatory reporters, the seal of confession will not be broken. "All Catholics must know and be assured that their confessions remain sacred, secure, confidential, and protected by the law of the Church," added Archbishop Etienne.
The archbishop also questioned why privileged communications between priest and penitent were singled out but not those between attorney and client, doctor and patient, and spouses. "This new law singles out religion and is clearly both government overreach and a double standard," wrote Archbishop Etienne.
The Justice Department has announced a First Amendment investigation into the Washington state law, labeling SB 5375 an "anti-Catholic law." The DOJ expressed concern over why Washington Democrats singled out members of the clergy as the only "supervisors" who may not rely on applicable legal privileges as a defense to mandatory reporting. Assistant Attorney General Harmeet Dhillon of the DOJ's Civil Rights Division stated, "SB 5375 demands that Catholic priests violate their deeply held faith in order to obey the law, a violation of the Constitution and a breach of the free exercise of religion cannot [sic] stand under our constitutional system of government."
Governor Ferguson, who identifies as a Catholic, responded to the investigation by stating, "We look forward to protecting Washington kids from sexual abuse in the face of this 'investigation' from the Trump administration."
This statement underscores the tension between the state's desire to protect children and the Church's commitment to uphold the sanctity of confession, a tension that will likely continue to fuel debate and legal challenges in the days ahead.
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