The Trump administration is investigating a Washington state law that would require Catholic priests to break the seal of confession to report information related to child abuse or neglect.
The Justice Department’s Civil Rights Division announced a First Amendment inquiry Monday into the Washington law, Senate Bill 5375, after Governor Bob Ferguson (D) signed it last week. The legislation specifically singles out “members of the clergy” as “supervisors” who cannot use existing legal privileges to defend themselves from its reporting requirements.
“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 stand under our Constitutional system of government,” said Assistant Attorney General Harmeet Dhillon.
“Worse, the law appears to single out clergy as not entitled to assert applicable privileges, as compared to other reporting professionals. We take this matter very seriously and look forward to Washington State’s cooperation with our investigation.”
Ferguson, who identifies as Catholic, cited his faith in celebrating the passage of legislation that threatens to undermine one of the Catholic Church’s precious Sacraments.
“My uncle was a Jesuit priest for many years, [I’ve] been to confession myself – and so I’m very familiar with that,” Ferguson told reporters last week.
“I felt this was important legislation and protecting kids is first priority.”
The Washington State Catholic Conference and many Republican lawmakers opposed the bill’s provision that would force priests to break the confessional seal, a sacred promise that priests will not divulge what they hear in confession no matter the circumstances.
Catholics in a state of serious sin go to confession to acknowledge their sins in God’s presence through a priest in order to reconcile themselves with God. Catholic Canon Law explicitly forbids priests from violating the seal of confession, potentially wedging them between God and state with Washington’s new law.
“Once the state asserts the right to dictate religious practices and coerce information obtained within this sacrament – privileged communication – where is the line drawn between Church and state? What else may the state now demand the right to know? Which other religious practices will it try to legislate? Why is this privileged communication between priest/penitent the only one singled out? Why not attorney/client? Doctor/patient? Spouses?” Archbishop of Seattle Paul Etienne said in a statement on the bill.
Etienne reiterated the Catholic Church’s commitment to preventing sexual abuse and working with authorities to report abuse.
“This new law singles out religion and is clearly both government overreach and a double standard. The line between Church and state has been crossed and needs to be walked back. People of every religion in the State of Washington and beyond should be alarmed by this overreach of our Legislature and Governor,” Etienne added.
The seal of confession gives Catholics the comfort of knowing the information they tell the priest will remain confidential, ensuring they confess their sins and receive proper penance. Sealed communications between clergy and penitents is a longstanding First Amendment issue related to the freedom of religion. Priests can encourage penitents to report crimes or speak with them outside of the confessional if a serious criminal matter comes up.
“I want to assure you that your shepherds, bishop and priests, are committed to keeping the seal of confession – even to the point of going to jail. The Sacrament of Penance is sacred and will remain that way in the Diocese of Spokane,” Spokane Bishop Thomas Daly said in a statement to eastern Washington Catholics.
Washington’s legislation gained momentum because victims of sexual abuse by Catholic and Jehovah’s Witness clergy came forward with their stories. The confessional seal was a point of contention in the law during the process of developing and passing the legislation. Etienne said the Washington State Catholic Conference attempted to negotiate a solution to the problem, only for the most extreme version of the bill to end up passing.