The U.S. Department of Justice (DOJ) filed a lawsuit against the state of Washington Monday, June 23, over a new law requiring clergy members to report child abuse, even if the information is obtained during the Catholic Sacrament of Confession. Supporters of the law, Senate Bill 5375, say it prioritizes child safety, while critics argue it violates religious freedom by forcing clergy to break confession confidentiality.
Under Catholic law, if a priest breaks this seal by disclosing anything said during confession, they face automatic excommunication.
“SB 5375 directly interferes with the fundamental right of Catholic priests to freely exercise their religion by forcing them to violate the sanctity and confidentiality of confessional communications,” the DOJ’s complaint states.
Survivors group: confession should not shield abuse
Mary Dispenza, a representative from the Survivors Network of Those Abused by Priests (SNAP), told KOMO News that all instances of child abuse, regardless of where or how they are disclosed, should be reported to the authorities. This includes when the abuse is revealed in a religious setting, such as a Catholic confession.
“Children have no voice, they have no power, and a priest’s role is to intervene for them, to be their voice. Especially when they need support,” Dispenza said.
Archbishop defends the seal of confession
Seattle Archbishop Paul Etienne argued that Catholic clergy are already expected to report crimes, including child abuse. However, there is one exception: If the information is shared during the Sacrament of Confession, priests are not allowed to report it — even if it’s about a serious crime like abuse.
“Catholic clergy may not violate the Seal of Confession – or they will be excommunicated from the Church,” Etienne said in a statement. “All Catholics must know and be assured that their confessions remain sacred, secure, confidential and protected by the law of the Church.”
Law sponsor suggests church can adapt
Washington Sen. Noel Frame, the sponsor of Senate Bill 5375, suggested to Newsweek that the Catholic Church can change its rules.
“Canon law has changed many times over the years in the Catholic faith and there’s nothing to say they cannot change their rules to allow the reporting of real-time abuse and neglect of children,” Frame said. “That is within their power to change and I think they should do so.”
DOJ says law violates religious freedom
The DOJ’s Civil Rights Division argues that laws targeting religious practices have no place in our society.
“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 K. Dhillon of the Justice Department’s Civil Rights Division said in a statement. “The Justice Department will not sit idly by when states mount attacks on the free exercise of religion.”
Senate Bill 5375 is set to take effect on July 27.
