DOJ Sues Washington Over Law Mandating Priests Break Confession Seal

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Confession seal under attack in the UK
Confession under attack

DOJ sues Washington over law forcing priests to break confession seal, citing First Amendment violations.

Newsroom, June 24, 2024, Gaudium Press – The U.S. Department of Justice (DOJ) filed a lawsuit against the state of Washington on June 23, challenging a new law that requires Catholic priests to violate the seal of confession by reporting child abuse disclosed during the sacrament of reconciliation. The DOJ argues that the law infringes on the First Amendment’s free exercise of religion clause, a cornerstone of religious liberty for Catholics.

In a press release announcing the lawsuit, the DOJ stated, “The Washington law violates the free exercise of religion for all Catholics.” The department’s legal brief emphasized the sanctity of the confessional seal, describing it as “the lifeblood of confession. Without it, the free exercise of the Catholic religion, i.e., the apostolic duties performed by the Catholic priest to the benefit of Catholic parishioners, cannot take place.”

Washington’s Senate Bill 5375, signed into law by Gov. Bob Ferguson on May 3 and set to take effect July 27, mandates that priests report child abuse or neglect learned during confession. Violators face up to 364 days in jail and a $5,000 fine. Notably, the law exempts other professionals, such as nurses and therapists, from similar mandatory reporting requirements, prompting criticism of unequal treatment. Ferguson, a Catholic, defended the measure in May, calling it “important legislation” to protect children, despite his familiarity with the sacrament of confession.

The DOJ’s action follows an earlier investigation announced on May 5 by Harmeet Dhillon, assistant attorney general for the Civil Rights Division. In a letter to Ferguson, Dhillon described the law as a “legislative attack on the Catholic Church and its sacrament of confession, a religious practice ordained by the Catholic Church dating back to the Church’s origins.” The DOJ instructed the state to preserve all records and communications related to the bill as part of its probe.

Washington’s Catholic bishops, representing the Archdiocese of Seattle and the dioceses of Spokane and Yakima, filed their own lawsuit on May 29 in federal district court. Their suit contends that the law violates the First Amendment’s free exercise clause, the 14th Amendment’s equal protection clause, and provisions of the Washington Constitution. The bishops underscored the Church’s commitment to child protection, noting that their dioceses have implemented policies exceeding state requirements for reporting suspected abuse by Church personnel. However, they argued that the confessional seal, protected by over 2,000 years of Church doctrine, remains inviolable.

“Consistent with the Roman Catholic Church’s efforts to eradicate the societal scourge of child abuse, the Roman Catholic Archdiocese of Seattle and the dioceses of Yakima and Spokane have each adopted and implemented within their respective dioceses policies that go further in the protection of children than the current requirements of Washington law on reporting child abuse and neglect,” the bishops’ lawsuit stated.

Spokane Bishop Thomas Daly vowed in a May statement that clergy would not break the seal of confession, even if it meant facing imprisonment. “I want to assure you that your shepherds, bishops, and priests are committed to keeping the seal of confession — even to the point of going to jail,” Daly told his diocese. Seattle Archbishop Paul D. Etienne reinforced this position, citing canon law’s prohibition on betraying a penitent’s confession under penalty of excommunication. Quoting Acts 5:29, Etienne declared, “We must obey God rather than men.”

Orthodox Christian leaders have also joined the legal fight, filing a separate lawsuit on June 16. Their suit argues that Orthodox priests, like their Catholic counterparts, are bound by a “strict religious duty to maintain the absolute confidentiality” of confessions. Violating this obligation, the suit states, constitutes a “canonical crime and a grave sin,” potentially resulting in a priest’s removal from the priesthood.

The lawsuits highlight a broader tension between state efforts to protect children and the constitutional protections afforded to religious practices. As the cases proceed, they are likely to draw national attention to the balance between religious liberty and public safety.

  • Raju Hasmukh with files from CNA

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