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Washington state's bishops have initiated legal action against a newly enacted law that mandates clergy to report child abuse or neglect, without exceptions for the confidentiality of sacramental confessions. The lawsuit, filed on May 29, challenges Senate Bill 5375, which was signed into law by Democratic Governor Bob Ferguson earlier in the month. This legislation classifies clergy as mandatory reporters alongside school personnel, nurses, social service counselors, and psychologists.
The lack of an exception for sacramental confessions has sparked debate. While some argue the bill addresses a critical gap in mandatory reporting laws, others are concerned it conflicts with church law regarding the seal of confession. Mark Rienzi, president and CEO of Becket, a religious liberty law firm representing the bishops, stated: “It’s hard to imagine a more brazen attack on faith than state bureaucrats policing the sacrament of confession.”
Rienzi further commented that Washington's law is not about protecting children but about penalizing priests for adhering to ancient church practices. "We’re asking the court to step in and stop the state from turning a sanctuary for the soul into a tool of surveillance," he added.
The governor's office did not respond immediately to requests for comment on this issue.
Filed in the U.S. District Court for the Western District of Washington at Tacoma, the lawsuit argues that Washington is targeting the Roman Catholic Church through religious discrimination. It highlights how other confidential communications are protected by state law while putting Catholic priests in a difficult position between violating church teachings or facing legal consequences.
Jean Hill, executive director of the Washington State Catholic Conference, emphasized that confession provides a confidential space for seeking God's mercy and guidance. She expressed concern that laws jeopardizing this trust might discourage individuals from seeking moral guidance.
The Catechism of the Catholic Church mandates absolute secrecy regarding sins confessed during sacramental confession. The lawsuit references historical commitments to confessional secrecy dating back centuries within church history.
Despite these concerns, under their internal policies, priests who suspect abuse based on information disclosed during confession invite penitents to counseling outside confession. If abuse is suspected during non-sacramental counseling sessions, priests are required to report it to authorities.
Hiram Sasser from First Liberty Institute criticized Washington's law as an act of religious discrimination against Catholic clergy who face imprisonment if they break confessional seals. He noted that historically priests have chosen martyrdom over violating this sacred duty and emphasized constitutional protections.
The Justice Department announced plans earlier in May to investigate potential conflicts between this state law and religious freedoms under the First Amendment.
Kate Scanlon reports nationally for OSV News covering developments in Washington D.C., with updates available via her social media handle @kgscanlon.
