Washington State’s new law forcing priests to report child abuse learned in confession has created a constitutional crisis with Catholic bishops threatening to face jail rather than violate sacred vows.
Key Takeaways
- Washington bishops have sued the state over a new law requiring priests to report child abuse learned in confession, claiming it violates First Amendment religious freedoms.
- Catholic clergy face an impossible choice: risk up to 364 days in jail and $5,000 fines for upholding religious doctrine, or face excommunication from the Church for violating sacred confession confidentiality.
- The Archdiocese of Seattle has threatened to excommunicate any priest who complies with the law, underscoring the gravity of the religious conflict.
- President Trump’s Justice Department has launched an investigation into the law, previously labeling it “anti-Catholic” and potentially unconstitutional.
- Most U.S. states exempt confessional information from mandatory reporting laws, making Washington one of only a handful to breach this religious protection.
Democrat-Led Attack on Religious Liberty
Washington State’s Democrat-controlled legislature and Governor Bob Ferguson have ignited a firestorm by passing legislation that directly targets Catholic religious practice. The new law, set to take effect in July, eliminates longstanding protections for the Catholic sacrament of confession, making clergy mandatory reporters of child abuse with no exemptions for information learned during the confessional. This direct assault on Catholic doctrine places priests in an impossible position: violate their sacred vows and face excommunication, or uphold their religious beliefs and face criminal prosecution.
The law exemplifies the growing pattern of leftist governance imposing secular values on religious institutions, regardless of constitutional protections. While most states respect the sanctity of confession, Washington joins only a handful of states – New Hampshire, North Carolina, Oklahoma, Texas, and West Virginia – in forcing clergy to violate this core religious practice. What makes this case particularly egregious is that Washington’s law still maintains confidentiality protections for other professions while specifically targeting religious confession.
Catholic Church Fights Back
Washington’s Catholic bishops have launched a robust legal defense, filing a federal lawsuit seeking to have the law declared unconstitutional. Their legal team includes prestigious religious liberty defenders: the Becket Fund for Religious Liberty, First Liberty Institute, and the WilmerHale law firm. The lawsuit names Governor Ferguson, Attorney General Nicholas Brown, and local prosecutors as defendants, arguing the law violates both the First Amendment’s religious freedom protections and the Equal Protection Clause of the 14th Amendment.
“I want to assure you that your shepherds, bishops and priests, are committed to keeping the seal of confession — even to the point of going to jail,” said Spokane Bishop Thomas Daly.
The Catholic Church’s stance is unequivocal: Canon law states that “The sacramental seal is inviolable; therefore, it is a crime for a confessor in any way to betray a penitent by word or in any other manner or for any reason … A confessor who directly violates the seal of confession incurs an automatic (latae sententiae) excommunication reserved to the Apostolic See.” This centuries-old doctrine isn’t negotiable for faithful Catholics, placing priests in direct conflict with state law that imposes penalties of up to 364 days in jail and $5,000 fines for non-compliance.
Trump Administration Steps In
President Trump’s Justice Department has recognized the gravity of this constitutional infringement, launching an investigation into the law’s conflict with religious freedom protections. The DOJ has previously labeled Washington’s approach as “anti-Catholic,” signaling serious concerns about state overreach into constitutionally protected religious practices. This federal intervention highlights the national significance of what might otherwise be dismissed as a state-level dispute, underscoring the fundamental American principle that government cannot force citizens to choose between their faith and the law.
“Confession is about calling people to real moral responsibility, and if you strip that away, you don’t get more justice, you get less honesty,” said Jean Hill.
The legal complaint points out the hypocrisy in Washington’s approach, highlighting that the law specifically targets religious confession while maintaining confidentiality protections for other professional relationships. The legislation states: “Except for members of the clergy, no one shall be required to report under this section when he or she obtains the information solely as a result of a privileged communication.” This explicit carve-out to eliminate religious protection while preserving other confidentiality relationships strongly suggests anti-religious bias in the law’s construction.
False Narrative of Protecting Children
While proponents frame the law as protecting children from abuse, they conveniently ignore that Washington’s Catholic dioceses already have robust abuse reporting policies that exceed state requirements in every aspect except for the sacred confidentiality of confession. Governor Ferguson’s inflammatory statement that he’s “disappointed my Church is filing a federal lawsuit to protect individuals who abuse kids” deliberately mischaracterizes the Church’s position, falsely implying that upholding religious freedom somehow equates to enabling abuse.
“Confession offers the faithful a confidential space to seek God’s mercy and guidance. This trust is sacred, and any law that jeopardizes it risks discouraging those who recognize the harm they have caused from seeking moral guidance,” said Jean Hill.
The bill’s sponsor, Democrat Senator Noel Frame, originally crafted the legislation after reports of child sexual abuse cover-ups by Washington Jehovah’s Witnesses, yet the resulting law appears specifically designed to target Catholic practice. Previous attempts to pass similar legislation failed precisely because of religious freedom concerns, suggesting that Democrats have become increasingly emboldened in their willingness to trample constitutional protections for religious Americans. As the lawsuit proceeds, this case will serve as a critical test of whether religious liberty still has meaningful protection in America’s increasingly secularized legal landscape.
