Washington Catholic Conference bishops challenge state law forcing priests to break secrecy of confession

The bishops of Washington announced that they have filed a lawsuit against a state law signed by Governor Bob Ferguson that forces priests to break the secrecy of confession. The prelates noted they explained that they took the step "to protect religious freedom. Washington's new law forces priests to choose between their sacred duty and the law, threatening the seal of confession instituted by Christ more than 2,000 years ago."

Governor Ferguson, a Democrat and self-proclaimed Catholic, in recent days signed a bill after it passed through the state Senate that considers Catholic clergy as "supervisors," so they cannot rely on legal privileges to defend themselves from mandatory reporting of child abuse investigations.

Nurses and therapists not required to report information

However, the rule, which will go into effect in July, does grant similar protections to the secrecy of confessions to other professions, such as nurses and therapists, who are exempt from the obligation to report such information. Instead, clergy face penalties of up to 364 days in jail, a $5,000 fine and possible civil liability if they refuse to break confessional secrecy.

The lawsuit filed Thursday by the Washington bishops argues that this new rule violates the protections of the First Amendment, the equal protection clause of the 14th Amendment and the Washington Constitution.

"A blatant act of religious discrimination"

The lawsuit, accessed by the Catholic news outlet The Pillar, underscores the discrimination suffered by priests, as well as the crossroads where it places religious figures, who will be forced to choose between the risk of being excommunicated or jail:

"Washington targets the Roman Catholic Church in a blatant act of religious discrimination. Without any legal or factual basis, Washington now puts Roman Catholic priests before an impossible choice: violate 2,000 years of Church teaching and incur automatic excommunication or refuse to comply with Washington's law and be subject to imprisonment, fine and civil liability. The object of this law is clear: to subject the Roman Catholic clergy to the dictates of the state," it said.

"Requiring priests to violate the secrecy of confession will not reduce abuse"

In addition, the prelates reiterated their commitment to the fight against child abuse, something the new law, in reality, will not contribute to: "Requiring priests to violate the secrecy of confession will not reduce abuse, it will simply punish priests for keeping the sacrament of confession sacred."

Bishops from several dioceses noted that they have requested to meet with the governor, but their requests have gone unanswered.

Bishops say clergy will go to jail rather than break secrecy of confession

The bishop of Spokane, Thomas Daly, issued a statement pledging that any member of the clergy would respect the seal of confession, even if it meant going to jail.

"I want to assure you that your pastors, bishop and priests, are committed to upholding the seal of confession, even to the point of going to jail. The Sacrament of Penance is sacred and will remain so in the Diocese of Spokane," he said.