The Department of Justice has initiated legal proceedings against the state of Washington, claiming that a recently passed law infringes upon the constitutional rights of Catholic clergy by mandating them to report child abuse, potentially breaching the sanctity of confession. This contentious legislation, Senate Bill 5375, signed on May 2 by Governor Bob Ferguson, is scheduled to come into effect on July 27.
In the heart of the debate is the bill's departure from the norm, as it compels clergy members to become mandatory reporters of child abuse without exception, even when the information is obtained during the confidential religious rite of confession. This requirement contrasts sharply with other states' statutes, which typically maintain protections for confessional secrecy.
On June 23, the DOJ filed its lawsuit in the U.S. District Court for the Western District of Washington. It argues that the law's stipulations force clergy to either forsake their religious obligations or face criminal penalties, thus violating the First and 14th Amendments. Assistant Attorney General Harmeet Dhillon, head of the Civil Rights Division, stated in a press release, "Senate Bill 5375 unconstitutionally forces Catholic priests in Washington to choose between their obligations to the Catholic Church and their penitents or face criminal consequences, while treating the priest-penitent privilege differently than other well-settled privileges."
The stakes are high for clergy who defy the law, with penalties including nearly a year in jail and fines up to $5,000. The conflict between state law and church doctrine is stark; Catholic canon law imposes an absolute prohibition on priests from disclosing confessional communications, a violation of which results in automatic excommunication—a severe ecclesiastical censure.
The pushback from religious communities has been strong, with leaders from the Catholic and Orthodox Christian denominations in Washington voicing their opposition. Archbishop Paul Etienne of Seattle has been explicit in his stance, asserting that the archdiocese will not adhere to the law if it threatens the secrecy of confession, emphasizing the potential deterrent effect on individuals seeking the sacrament and the broader implications on religious practice.
Echoing these concerns, the Orthodox Church in America has issued a statement highlighting the inviolability of the confessional seal, with violations constituting a "grave sin" accompanied by canonical penalties. They caution that the law could lead to the prosecution of religious figures for merely executing their faith-based duties.
On the other side of the argument, Sen. Noel Frame, the Democratic sponsor of the bill and a survivor of child sexual abuse, defends the legislation as a necessary step to protect children from abuse, contending that religious confidentiality should not be used to protect predators.
As the case, titled Etienne v. Ferguson, progresses, a court hearing scheduled for this summer will delve into the law's constitutionality and its alleged discriminatory impact on religious practices.
