Priests in Washington are willing to go to jail rather than violate the seal of confession, said Bishop Thomas Daly of Spokane in a statement released in response to a new law.
Washington State Gov. Bob Ferguson (D) signed Senate Bill 5375 into law on Friday, May 2. The bill, which is titled "Concerning the duty of clergy to report child abuse and neglect," makes it so members of the clergy, of all denominations, are mandatory reporters.
Unlike similar laws in other states, there is no carve out for things that are shared as part of the sacrament of Confession.
"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," said Daly in a message addressed to his diocese.
The Diocese of Spokane consists of the eastern part of Washington.
"The Sacrament of Penance is sacred and will remain that way in the Diocese of Spokane," he added.
Daly defended the diocesan protocols regarding child protection, stating "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."
The Diocese of Spokane, he said, "maintains an entire department at the Chancery, the Office of Child and Youth protection, staffed by professional laypeople," and has a "zero-tolerance policy" in regards to sexual abuse.
"Our goal is to do everything within our power to keep your children safe while we attempt to lead them to know and love Jesus Christ."
On Sunday, May 4, Archbishop Paul Etienne of Seattle released a statement saying that he and other clergy within the archdiocese would not be following the law.
This Sunday's readings included a passage from Acts of the Apostles, noted Etienne, when St. Peter tells the Sanhedrin "we must obey God rather than men" after being arrested for preaching in the name of Jesus.
"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. All Catholics must know and be assured that their confessions remain sacred, secure, confidential and protected by the law of the Church," he said.
Additionally, Etienne said there were numerous efforts to communicate this concern with lawmakers.
"Conversations between the Washington State Catholic Conference staff and legislators and efforts to collaborate on an amicable solution eventually failed this session ushering this most extreme version of the bill to pass and receive the Governor’s endorsement," he said.
While the bill began as a "well-intentioned effort," the version passed was "problematic and unnecessary," he said.
"Once the approved bill went to the Governor for his signature, the Bishops of the State of Washington
asked for a meeting to discuss our concerns with the Governor who unfortunately did not respond to
our request," said Etienne.
Etienne also accused the State of Washington of violating the First Amendment.
"With this law, the State of Washington is specifically targeting religious conduct by inserting the government into the Catholic tradition, namely, the highly defined ritual of the Sacrament of Reconciliation. The state is now requiring priests to violate an essential element of the rite, the confidential communication between the priest and penitent in which the absolution of sin is offered," he said.
These laws could be a slippery slope, explained Etienne, with the state expanding its power over the Church.
"Once the state asserts the right to dictate religious practices and coerce information obtained within
this sacrament - privileged communication - where is the line drawn between Church and state?" he asked.
Etienne continued, What else may the state now demand the right to know? Which other religious practices will it try to legislate?"
Under the law, privileged communication between an attorney and a client, a doctor and a patient, and spouses remains the same. Only clergy are required to divulge information they learned in this setting, something Etienne called "government overreach and a double standard."
"The line between Church and state has been crossed and needs to be walked back. People of every religion in the State of Washington and beyond should be alarmed by this overreach of our Legislature and Governor," he said.
Bishop Joseph Tyson of Yakima, the third diocese in Washington, has not yet released a statement publicly about the new law.
"Most important thing"
Speaking at the bill's signing, Ferguson remarked that Washington was one of five states where clergy are not required to report child abuse.
“Protecting our kids, first, is the most important thing. This bill protects Washingtonians from abuse and harm,” he said.
Omitting the seal of confession from the bill was not an accident. The bill's main sponsor, Sen. Noel Frame (D-Seattle), said that it was "critical" that admissions of child abuse that were made during Confession were not exempt.
“You never put somebody’s conscience above the protection of a child,” said Frame. Frame, herself a survivor of childhood abuse, was inspired to submit the bill after reading about abuse cover-ups by Jehovah's Witnesses
Ferguson, who is Catholic, said that he personally was not bothered by the requirement priests violate the seal of confession if needed.
“Been to confession, myself. I felt this was important legislation for protecting kids," he said.
Seal of confession
The seal of confession prohibits a priest from disclosing anything that is said to him during the Sacrament of Confession.
In 1215, the Fourth Lateran Council taught:
“For whoever shall dare to reveal a sin disclosed to him in the tribunal of penance we decree that he shall be not only deposed from the priestly office but that he shall also be sent into the confinement of a monastery to do perpetual penance.”
Priests are, however, able to share things that are told to them when it is not done in the context of a sacramental confession.
Aleteia did a series on some of the many priests who gave their lives rather than break the Seal of Confession. See article below (with links to more):
