Washington state Gov. Bob Ferguson (D) ratified a bill on Friday requiring priests to break the seal of confession if informed of abuse.
As this law invites the government into the confessional, likely violates the Constitution’s Establishment Clause, and puts priests at risk of automatic excommunication, Catholic bishops in Washington state have vowed defiance and the Department of Justice has launched a civil rights investigation.
Senate Bill 5375, which passed the state Senate in a 28-20 vote and the state House in a 64-31 vote, requires any person operating in an official supervisory capacity with 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 notify law enforcement or the Department of Children, Youth and Families.
Unlike a previous version of the legislation, SB 5375 offers no carve-out for allegations learned as a result of a confession.
The final bill report actually clarifies that the Democratic law mandates no one except for members of the clergy to report abuse when that information is obtained solely as a result of a privileged communication.
‘He can make no use of knowledge that confession gives him about penitents’ lives.’
By mandating priests to divulge information gleaned in the confessional, the Democratic law puts priests at risk of excommunication.
The Catechism of the Catholic Church states:
Given the delicacy and greatness of this ministry and the respect due to persons, the Church declares that every priest who hears confessions is bound under very severe penalties to keep absolute secrecy regarding the sins that his penitents have confessed to him. He can make no use of knowledge that confession gives him about penitents’ lives. This secret, which admits of no exceptions, is called the “sacramental seal,” because what the penitent has made known to the priest remains “sealed” by the sacrament.
The Code of Canon Law cited by the Washington State Catholic Conference in its oppositional statements is similarly clear on the issue: “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 notes further that a “confessor who directly violates the sacramental seal incurs a latae sententiae — automatic — excommunication reserved to the Apostolic See.”
Democratic state Sen. Noel Frame, a prime sponsor of the bill, did not appear to be concerned about such consequences, 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,” reported KXLY-TV.
During debate in February, Republican state Sen. Leonard Christian noted 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.”
‘After the apostles were arrested and thrown into jail for preaching the name of Jesus Christ, St. Peter responds to the Sanhedrin: “We must obey God rather than men.”‘
Catholic bishops in the state have made clear which law takes precedence.
The Most Rev. Thomas Daly, Bishop of Spokane, reassured Catholics in his diocese Friday that their priests and bishop “are committed to keeping the seal of the confession — even to the point of going to jail.
“For those legislators who question our commitment to the safety of your children, simply speak with any mom who volunteers with a parish youth group, any Catholic school teacher, any dad who coaches a parochial school basketball team or any priest, deacon, or seminarian, and you will learn firsthand about our solid protocols and procedures,” said Bishop Daly. “The Diocese of Spokane maintains an entire department at the Chancery, the Office of Child and Youth protection, staffed by professional laypeople. We have a zero-tolerance policy regarding child sexual abuse.”
Seattle Archbishop Paul Etienne underscored in a statement Sunday 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.
“This weekend at Mass, the first reading was from the Acts of the Apostles. After the apostles were arrested and thrown into jail for preaching the name of Jesus Christ, St. Peter responds to the Sanhedrin: ‘We must obey God rather than men’ (Acts 5:29),” wrote the archbishop. “This is our stance now in the face of this new law. Catholic clergy may not violate the seal of confession — or they will be excommunicated from the Church.”
‘The law appears to single out clergy as not entitled to assert applicable privileges.’
“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 raised the question of why privileged communications between priest and penitent were singled out but not the communications 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 announced a First Amendment investigation into the Washington state law on Monday, calling SB 5375 an “anti-Catholic law.”
Like Archbishop Etienne, the DOJ also expressed interest in 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.
“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,” Assistant Attorney General Harmeet Dhillon of the DOJ’s Civil Rights Division said in a statement.
“Worse, the law appears to single out clergy as not entitled to assert applicable privileges, as compared to other reporting professionals,” continued Dhillon. “We take this matter very seriously and look forward to Washington State’s cooperation with our investigation.”
Gov. Ferguson, who identifies as a Catholic, said in a statement obtained by the Seattle Times, “We look forward to protecting Washington kids from sexual abuse in the face of this ‘investigation’ from the Trump administration.”
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