The Catholic bishops of Washington state have initiated legal action against a new law imposing mandatory reporting requirements on clergy regarding child abuse or neglect, asserting that it infringes upon clergy-penitent privilege.
On June 5, the bishops filed a request for a preliminary injunction with the U.S. District Court for the Western District of Washington, located in Tacoma.
The new law, Senate Bill 5375, is set to come into effect on July 27, 2023.
Mark Rienzi, president and CEO of Becket, a religious liberty law firm based in Washington, D.C., is representing the bishops. He stated, “Washington state has no business intruding into the confessional — particularly when they give a free pass to lawyers who have legally protected confidential relationships with clients.”
Rienzi further condemned the law, arguing that it punishes priests for adhering to the long-standing traditions of the Catholic Church and is, ultimately, unconstitutional.
Governor Bob Ferguson approved the legislation in May, which classifies clergy as mandatory reporters required to report known or suspected cases of child abuse or neglect, similar to other professionals such as school staff, nurses, and psychologists.
Critics of the law have expressed concerns that it disregards the importance of the sacramental confessional, putting Catholic priests in a difficult position of choosing between upholding civil law and maintaining adherence to church doctrines regarding the confidentiality of confession.
The Catechism of the Catholic Church unequivocally states that priests are forbidden from disclosing what penitents communicate during confession, emphasizing that such information is protected under a “seal.”
In their motion for a preliminary injunction, the bishops pointed to this teaching, outlining the historical significance of the sacramental seal in the Roman Catholic tradition.
They stated, “For centuries, the Roman Catholic Church has taught…that the Sacrament of Confession is protected by the sacramental seal, which absolutely forbids a priest from disclosing in any manner and for any reason what the priest hears from a penitent during confession.”
Violating this seal, they argue, could result in automatic excommunication, a serious predicament for clergy in light of their spiritual obligations.
The bishops emphasized that their devotion to their church’s sacramental laws has historically led priests to choose martyrdom rather than compromise their integrity by betraying the confidentiality expected in confession.
The Washington State Catholic Conference, which represents the state’s bishops, had previously endorsed an alternative version of the mandatory reporter legislation that would have included provisions to protect the sanctity of confessions.
However, they strongly opposed the current form of the law, which lacks such exceptions.
Jean Hill, executive director of the Washington State Catholic Conference, reinforced this perspective, stating, “Confession is a sanctuary for the human soul and must be kept private not only because it’s a sacred duty of Catholic priests, but also to ensure the faithful are free to participate in this act of reconciliation with their God.”
Hill voiced hope that the court would recognize that the law not only penalizes priests but sets a concerning precedent that could undermine trust in sacred practices across all faiths.
The lawsuit filed by the bishops outlines the steps taken by the Catholic Church in the U.S. to combat clergy sexual abuse, showcasing ongoing efforts within the three involved Washington dioceses: Seattle, Spokane, and Yakima.
Policies in these dioceses mandate clergy and staff to report any suspected abuse to law enforcement, unless that information is obtained during confessional dialogue.
In such instances, priests are required to advise penitents to self-report or seek information outside the confessional to report themselves.
Hiram Sasser, executive general counsel at First Liberty Institute, which is also representing the bishops, stated, “We are committed to protecting the sacrament of confession and believe the purposes of Washington’s mandatory reporting law can be achieved without infringing on the First Amendment rights of clergy.”
The challenges posed by the new legislation highlight the ongoing struggle between civil obligations and religious beliefs, raising fundamental questions about the balance of rights in a secular society.
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