The Department of Justice has filed suit against Washington state over a new law requiring Catholic priests to report child abuse even if knowledge of the abuse was obtained during confession.
The law, Senate Bill 5375, was signed by Democratic Gov. Bob Ferguson on May 2, and would go into effect on July 27. The bill makes clergy mandatory reporters of child abuse and neglect, much like doctors and teachers. Catholic bishops in Washington have condemned the law because it does not address the sacred rite of confession.
Under the law, if abuse is revealed during confession, the priest must report it to police or the state’s Department of Children, Youth and Families. However, in the Catholic faith, the Seal of Confession directs priests to keep anything they learn during confession secret—even under the threat of imprisonment or death. Should a priest fail to do so, they would be excommunicated.
“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,” Bishop Thomas A. Daly of the Spokane, Washington diocese wrote in a statement.
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A previous version of the bill did include a provision protecting priests from revealing anything learned during confession. Catholic bishops and Republicans in the state senate argued for the provision, but it was ultimately removed. All Republicans voted against the final version of the bill, along with two Democrats; it passed 28-20. Though the law requires priests to report abuse, it does not compel them to testify in court.
In response, a number of bishops filed a lawsuit, Etienne v. Ferguson, to stop the law. On June 16, a group of Orthodox churches in Washington state filed a similar lawsuit.
Gov. Ferguson, a Catholic, said he was dismayed by the suit.
“I’m disappointed my Church is filing a federal lawsuit to protect individuals who abuse kids,” Ferguson said.
The Department of Justice joined the fray on Monday. The DOJ called the law “anti-Catholic,” saying it violates the First Amendment. Monday’s suit is a motion to intervene in Etienne v. Ferguson.
“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 Justice Department will not sit idly by when States mount attacks on the free exercise of religion,” Assistant Attorney General Harmeet K. Dhillon said in a statement.
Senate Bill 5375 is the third time the Washington senate was asked to make clergy mandatory reporters. The bill’s prime sponsor was Sen. Noel Frame (D-Seattle), who told KING-TV she brought the newest version before the Senate after hearing that three different Catholic archdioceses in the state were under investigation over allegations of covering up abuse.
“Quite frankly, that made it hard for me to stomach any argument about religious freedom being more important than preventing the abuse, including the sexual abuse of children,” Frame said in January. “I really wonder about all the children who have been abused and neglected and have gone unprotected by the adults in their lives because we didn’t have a mandated reporter law and that we continue to try to protect this in the name of religious freedom.”
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