Washington state drops attempt to force priests to break the Seal of Confession

In a decision that halts the threat of a “draconian” state bill, Washington State agreed Oct. 10 to a court judgement and settlement permanently stopping the state from attempting to force priests to violate the Seal of Confession or face imprisonment, according to a press release from the Ethics and Public Policy Center (EPPC).  

The EPPC, which assisted in four Orthodox Churches’ legal fight against the bill, hailed the agreement as “a massive victory for religious freedom.” 

Democratic Washington Gov. Bob Ferguson signed SB 5375 into law in May, requiring priests in the state to report child abuse if learned within the Sacrament of Confession. The Catholic Church has protected the privacy of penitents receiving the sacrament by prohibiting priests from speaking about anything disclosed in the sacrament of Confession. If a priest violates this seal, he will be excommunicated. 

The Department of Justice, Washington’s Catholic bishops, and several Orthodox Churches, filed lawsuits against the bill, as CatholicVote previously reported. 

“Washington was wise to walk away from this draconian law and allow Catholic clergy to continue ministering to the faithful,” Mark Rienzi, president and CEO of Becket, said in an Oct. 10 press release about the agreement. “This is a victory for religious freedom and for common sense. Priests should never be forced to make the impossible choice of betraying their sacred vows or going to jail.” Becket is one of the legal groups that represented the Catholic bishops.

The proposed order stipulates that the law was in violation of First Amendment free exercise rights and also permanently blocks the state from using its mandatory reporting law “to invade the Sacrament of Confession or a comparable religious practice in any religious group,” according to the EPPC release. “The state is also blocked from discriminating on the basis of religion by denying clergy privileges that are available to other mandatory reporters.” 

EPPC Fellow Eric Kniffin, who filed the Orthodox Churches’ suit along with several other legal groups, said in the release that “Efforts to invade the Sacrament of Confession are unconstitutional and counterproductive. These bills would do nothing but turn faithful priests into outlaws and scare broken people away from a chance to find healing, resources, and justice.”

Jean Hill, the executive director of the Washington State Catholic Conference, which represents the state’s bishops in matters of public policy, also commented in the Becket release on the decision. 

“Preventing abuse and upholding the sacred seal of confession are not mutually exclusive — we can and must do both,” Hill said. “That’s why the Church supported the law’s goal from the beginning and only asked for a narrow exemption to protect the sacrament. We’re grateful the state ultimately recognized it can prevent abuse without forcing priests to violate their sacred vows.”