Catholic priests in Washington state won’t be required to violate the sacrament of confession by disclosing information on child abuse obtained in the confessional, under a court agreement reached with state officials.
Washington Attorney General Nick Brown entered into a stipulation agreement Friday to settle legal challenges brought by Archbishop Paul Etienne of the Archdiocese of Seattle and by Orthodox churches after the passage in May of Senate Bill 5375.
Under the stipulation, the state agreed not to enforce a provision of the law making priests break the sacrament by reporting on details of suspected child abuse or neglect learned “solely through confession or its equivalent in other faiths.”
Mark Rienzi, CEO of the Becket law firm, said, “Washington was wise to walk away from this draconian law and allow Catholic clergy to continue ministering to the faithful.”
He added, “This is a victory for religious freedom and for common sense. Priests should never be forced to make the impossible choice of betraying their sacred vows or going to jail.”
The Washington law makes clergy mandatory reporters in cases of child abuse, but the “Catholic Church already requires priests to report abuse and neglect to law enforcement and other state authorities,” said Becket in a Friday press release.
The church initially backed the law, but sued after legislators refused to include an exception for information obtained in the confessional.
“Preventing abuse and upholding the sacred seal of confession are not mutually exclusive — we can and must do both,” said Jean Hill, executive director of the Washington State Catholic Conference. “That’s why the church supported the law’s goal from the beginning and only asked for a narrow exemption to protect the sacrament. We’re grateful the state ultimately recognized it can prevent abuse without forcing priests to violate their sacred vows.”
The priests won a preliminary injunction in July after filing a complaint accusing the state of “targeting the Roman Catholic Church in a brazen act of religious discrimination.”
They argued that the legislation targeted Catholic priests while allowing a host of other counselors, including attorneys, sexual-assault advocates and addiction-recovery sponsors, to keep their confidentiality privileges.
Priests refusing to break confession would have faced up to 364 days in jail and a $5,000 fine.
Mr. Brown emphasized in a statement that clergy will remain mandatory child-abuse reporters under the law.
“Today’s agreement respects the court’s decision in this case and maintains important protections for children,” said Mr. Brown. “It keeps crucial portions of Washington’s mandatory reporting law in place, while also preserving the Legislature’s authority to address issues with the law identified by the court.”
The bill was signed in May by Democratic Gov. Bob Ferguson after being passed by the Democrat-controlled Legislature.
The stipulation awaits approval by the U.S. District Court for the Western District of Washington (Tacoma Division).
Becket represented Archbishop Etienne and the diocese of Spokane and Tacoma, while the Alliance Defending Freedom represented the Orthodox Church in America.
John Bursch, Alliance Defending Freedom senior counsel, said in a statement that the “First Amendment guarantees that governments cannot single out religious believers for worse treatment.
“Washington was targeting priests by compelling them to break the sacred confidentiality of confession while protecting other confidential communications, like those between attorneys and their clients. That’s rank religious discrimination. We are pleased the state agreed to swiftly restore the constitutionally protected freedom of churches and priests.”
• Valerie Richardson can be reached at vrichardson@washingtontimes.com.