The Department of Justice is suing Washington state over a new law requiring Catholic clergy to report suspected child abuse or neglect shared during confessionals.
Harmeet K. Dhillon, the assistant U.S. attorney general, condemned the law in a statement on social media on Monday. “Laws that explicitly target religious practices such as the Sacrament of Confession in the Catholic Church have no place in our society,” she wrote in a post on X. “The Justice Department will not sit idly by when States mount attacks on the free exercise of religion.”
The law in question, Senate Bill 5375, was approved last month by Gov. Bob Ferguson (D-WA), taking effect in July. It requires Catholic clergy to disclose suspected child abuse or neglect, even if they learn of it during confessionals with parishioners.
Confession is one of the sacraments of the Catholic Church. Disclosing any information a parishioner shares during these sessions is grounds for the excommunication of a priest from the Catholic Church. However, if a priest fails to report suspected abuse, even if they learn of it during confession, they could face almost a year in jail and a $5,000 fine.
Consequently, the dilemma facing Catholic priests has become whether to follow canon law or civil law, prompting a group of priests to file a lawsuit last month against Ferguson and other state officials.
The law has been described as “a brazen act of religious discrimination” by Hiram Sasser, the executive general counsel for the nonprofit First Liberty Institute.
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Many priests seem adamant about maintaining the rules of confession. Speaking on behalf of other Catholic priests, Bishop Thomas Daly of Spokane claimed he and other priests were “prepared to face jail rather than violate the rules of the church.”
Meanwhile, Ferguson has expressed disappointment regarding the Church’s reaction to the new law. “I’m disappointed my Church is filing a federal lawsuit to protect individuals who abuse kids,” the Democratic governor said last month.