The Department of Justice (DOJ) has filed a federal lawsuit against Washington state, alleging that a newly enacted law unconstitutionally forces Catholic priests to violate the seal of confession or face legal consequences.
The law, Senate Bill 5375, signed by Gov. Bob Ferguson (D) on May 2, adds clergy members to the state’s list of mandatory reporters of child abuse.
Unlike similar laws in most states, the Washington statute removes protections for information learned during religious confession, requiring clergy to report any suspicion of abuse, even if disclosed privately in a sacramental setting.
The statute is set to take effect July 27.
The DOJ filed its lawsuit on June 23 in the U.S. District Court for the Western District of Washington.
In the complaint, the department argued the law violates both the First and 14th Amendments by compelling clergy to either violate sacred religious doctrine or risk criminal penalties.
“Senate Bill 5375 unconstitutionally forces Catholic priests in Washington to choose between their obligations to the Catholic Church and their penitents or face criminal consequences, while treating the priest-penitent privilege differently than other well-settled privileges,” Assistant Attorney General Harmeet Dhillon, who leads the Civil Rights Division, said in a press release.
“The Justice Department will not sit idly by when states mount attacks on the free exercise of religion.”
The law establishes penalties for clergy who do not comply, including up to 364 days in jail and fines reaching $5,000, The Daily Signal reports.
Catholic canon law strictly prohibits priests from revealing anything they hear in confession. A priest who breaks that seal faces automatic excommunication, one of the church’s most severe penalties.
Religious leaders in Washington state, particularly from the Catholic and Orthodox Christian communities, have strongly opposed the measure.
Archbishop Paul Etienne of Seattle stated that the archdiocese would not comply with the law if it meant violating the confidentiality of confession.
He warned the legislation would have a chilling effect, preventing individuals from seeking the sacrament and undermining religious practice.
The Orthodox Church in America expressed similar concerns.
In a statement, it said clergy are bound to uphold the secrecy of confession, and breaching it would be considered a “grave sin” that carries canonical penalties.
The group also warned that the law opens the door to prosecuting religious figures simply for practicing their faith.
Sen. Noel Frame, a Democrat who sponsored the legislation, defended the law, arguing it was necessary to protect children from abuse.
Frame, who is a survivor of child sexual abuse herself, said that religious confidentiality should not shield predators, according to The Christian Post.
The DOJ clarified that its complaint does not oppose the concept of mandatory reporting in general.
Instead, it argues that the law targets clergy and religious doctrine in a way that infringes on constitutional freedoms.
The case, Etienne v. Ferguson, is moving forward in the Western District of Washington.
A court hearing is expected this summer, where arguments will be presented regarding the law’s constitutionality and potential religious discrimination.
