A federal judge issued a preliminary injunction on Friday, July 18, blocking a law in Washington state that would have required priests to violate the Seal of Confession. The block comes just days before the law was due to go into effect.
Earlier this week, the Catholic bishops of Washington state, along with a group of priests, were in federal court requesting that the law be blocked ahead of July 27, the day it was set to go into effect.
The law, known as Senate Bill 5375, requires that priests report abuse they hear within the context of the Sacrament of Confession, a violation of canon law. Failure to do so could result in up to 364 days in jail, a $5,000 fine, and "potential civil liability."
The court found that Washington was “unable to explain why the language in § 1(b) of the bill doubled down on singling out clergy.” This means it cannot be enforced.
Religious freedom advocates celebrated the ruling.
“This ruling confirms what has always been true: In America, government officials have no business prying into the confessional,” said Mark Rienzi, president and CEO of Becket, a religious-freedom focused law firm representing lead plaintiffs Archbishop Paul D. Etienne of Seattle, Bishop Joseph J. Tyson of Yakima, and Bishop Thomas A. Daly of Spokane.
“By protecting the seal of confession, the court has also safeguarded the basic principle that people of all faiths should be free to practice their beliefs without government interference," said Rienzi.
“The First Amendment did its work today in protecting the confessional and I am proud of the Church for its continued support of the reporting law’s application outside of that context,” said Hiram Sasser, Executive General Counsel for First Liberty Institute. First Liberty Institute is also providing counsel to the lead plaintiffs.
Good news for people of all faiths
The Washington State Catholic Conference, which represents the bishops of Washington in public policy areas, said the ruling was good news for people of all faiths.
“For centuries, Catholic faithful around the world have sought reconciliation with God through the sacrament of confession,” said Jean Hill, Executive Director of the Washington State Catholic Conference.
Hill continued, “This ruling protects that sacred space and ensures that Washingtonians of all religious stripes can live out their beliefs in peace.”
Fridays' injunction "sends a message," said Peter Breen, vice president and head of litigation at the Thomas More Society.
“The government has no place interfering in the deeply held religious practices and sacramental life of the Church,” said Breen.
The Thomas More Society filed an amicus curiae, or “friend of the court” brief on behalf of Bishop Robert Barron, saying that the law should be struck down.
“We are grateful that the court has recognized the serious constitutional concerns at stake and has issued this preliminary injunction to protect Catholic priests from being compelled to violate the seal of Confession," said Breen.
He continued,“This injunction is a significant and encouraging first step and should serve as a warning to state lawmakers nationwide, who are considering similar policies that meddle in the free exercise of faith."
