The Department of Justice (DOJ) is opening a civil rights investigation into a new law recently signed by Gov. Bob Ferguson in Washington state. The measure, Senate Bill 5375, puts members of the clergy on a list – which also includes law enforcement officers, medical examiners, social service counselors, child care providers, and nurses, among others – required to report child abuse and child sex crimes to authorities, even if the information is given during a confessional setting. Violating this law is classified as a gross misdemeanor and is punishable by up to one year in jail and a fine of up to $5,000.
Seal of Confession at risk
In the Catholic Church, confession is a sacrament in which a member of the church confesses their sins to a priest. That priest can never reveal that person’s sins, as it is protected by the Seal of Confession. Even if a person confesses a crime, the priest cannot report it. The priest may urge the person to turn themselves in; however, he cannot break the seal. If he breaks the seal, the priest could be excommunicated from the church.
First Amendment concerns
The DOJ says the new law “appears on its face to violate the First Amendment.”
“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 stand under our constitutional system of government,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division.
Church leaders respond
Seattle Archbishop Paul Etienne says the church’s policies already require clergy members to report criminal information unless that information is given during confession.
“Catholic clergy may not violate the Seal of Confession – or they will be excommunicated from the Church. All Catholics must know and be assured that their confessions remain sacred, secure, confidential and protected by the law of the Church,” Archbishop Etienne said in a statement.
Spokane Bishop Thomas Daly also reiterated the church’s stance, saying clergy members “are committed to keeping the Seal of Confession – even to the point of going to jail.”
Legislative support
Washington state Sen. Noel Frame introduced the legislation. When it passed the Senate, she said, “It’s long past time that the Legislature steps up, closes this loophole, and protects children. I know this is a tough subject for many of my colleagues, especially those with deep religious views. I respect that, but this bill is about the separation of church and state. This bill is about the state’s secular responsibility to the public interest of protecting children. That’s the most important thing we do here.”
