The Department of Justice announced Monday, June 23, that it has joined a lawsuit against Washington state concerning a new law that requires priests to violate the Seal of Confession.
The law is a violation of Catholics' right to free expression of their religion, said a Monday press release from the Department of Justice.
“Laws that explicitly target religious practices such as the Sacrament of Confession in the Catholic Church have no place in our society,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division.
Dillon continued, “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.”
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 in all circumstances.
Unlike similar laws in other states, there is no carve out for things that are shared as part of the sacrament of Confession. This means that if a priest were to hear a penitent confess that they are abusing a child, or if a child mentions abuse while in the confessional under the seal of confession, a priest is legally obligated to report these findings to authorities.
Following the bill's signing, bishops in Washington state released statements saying that neither they nor their priests would comply with the law.
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.
That Sunday's readings included a passage from Acts of the Apostles, noted Archbishop 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," the prelate 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 Archbishop Etienne.
Etienne and the other bishops of the state filed suit on May 29.
The Washington State Attorney General’s Office declined to comment to Aleteia about the litigation.
