Catholic Church Asks Federal Court To Halt New Washington Law

Faith, and by extension religion, is a very personal things.  Religion played such a prominent role in the lives of our founding fathers that the freedom to practice whichever one you choose was enshrined in the First Amendment of our Constitution.  Whenever religious freedoms appear to be encroached upon it elicits strong reactions.  This situation is no different.

Washington State passed Senate Bill 5375 during this session.  The bill requires religious leaders to report situations where they believe child abuse is occurring.  While doctor and teachers (and other professionals) are already required to report in those situations, those professions are strictly overseen by our laws.  Religious leaders also live by God's laws...which is where this becomes problematic.

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What Is The Problem?

For some faith leaders SB5375 may not make much of a difference. There is one religion where the confessions of sins is a sacrament, and one where preserving the sanctity of that sacrament is paramount.  Roman Catholicism has seven sacraments it recognizes and define as "outward signs of inward grace".

One of those sacraments is Reconciliation, or Penance.  It's where a member of the faith confesses their sins to a member of the clergy who represents God and the Church.  That member of the clergy assigns the "penance" an individual must do in order to earn the forgiveness they seek.  The privacy of that act is maintained under the "Seal of the Confessional".

SB 5375 constitutes a violation of Catholic Canon law.  The Bill passed on April 18th and was signed into law by Gov. Bob Ferguson on May 2nd.  The first shoe that dropped against the new law was dropped by the U.S. Department of Justice.  They launched an investigation on May 5th on the grounds the law violated the First Amendment.

Assistant Attorney General Harmeet K Dhillon said this about the investigation

...the law appears to single out clergy as not entitled to assert applicable privileges, as compared to other reporting professionals. We take this matter very seriously and look forward to Washington State’s cooperation with our investigation.”

The Catholic Church Takes Their Own Action

Last week a lawsuit was filed in federal court on behalf of Archbishop Paul Etienne, Bishop Joseph Tyson, and Bishop Thomas Daly.  They are the Roman Catholic leaders in Seattle, Yakima, and Spokane respectively.  The lawsuit not only addresses the violation of the seal of confession, but also the punishment dealt to a Catholic priest for violating the seal...excommunication from the Church.

It also addresses the the distinction that clergy is forced to disclose this information, but lawyers do not have to disclose the same information as their client privilege is protected.  The most recent action asks a federal court to block the law before it takes effect July 27th as the punishment for violating the law is eye opening.

A Priest Will Be Sentenced To Jail Time

A priest who violates SB 5375 faces penalties of up to 364 days in jail, a $5,000 fine, and potential civil liability.  What may not be common knowledge is the Catholic Church already requires priests to report abuse and neglect to law enforcement and other state authorities if the information is obtained outside of the confessional.

Jean Hill, Executive Director of the Washington State Catholic Conference, may have summed up the quandary the law presents for priests and members of the Roman Catholic faith best.

Confession is a sanctuary for the human soul and must be kept private not only because it’s a sacred duty of Catholic priests, but also to ensure the faithful are free to participate in this act of reconciliation with their God.

While we don't know what the outcome of the legal battle will be, it is fair to say the result will create a national precedent.