The state of Washington reached an agreement with Catholic officials this week not to require priests to report information that they learn in sacramental confession about suspected child abuse or neglect, ending a legal battle over a state law.
The agreement was announced Friday in a court filing, which will make permanent an injunction placed by a federal judge in July that blocked enforcement of Senate Bill 5375. Part of that bill mandated that priests report to authorities information they hear in sacramental confession if they have “reasonable cause to believe that a child has suffered abuse or neglect.”
The punishment for failing to comply with the law was up to a year in jail and a $5,000 fine. However, in the Catholic Church, information discussed in confession is confidential, and priests face excommunication from the church if they share any information they learn during confession. With Friday’s agreement, the portion of the law requiring priests to break the seal of confession will be permanently blocked from enforcement.
“Preventing abuse and upholding the sacred seal of confession are not mutually exclusive—we can and must do both,” Jean Hill, executive director of the Washington State Catholic Conference, said in a statement Friday.
“That’s why the Church supported the law’s goal from the beginning and only asked for a narrow exemption to protect the sacrament. We’re grateful the state ultimately recognized it can prevent abuse without forcing priests to violate their sacred vows,” Hill added.
Judge David Estudillo of the U.S. District Court for the Western District of Washington issued the injunction halting enforcement of the provision regarding confession in July, finding the Catholic priests were likely to win on claims that the law violated the First Amendment’s free exercise clause. The priests said the only objection to the law stemmed from reporting information received during confession, but they supported reporting requirements for information received about alleged abuse in all other avenues of the church.
FEDERAL JUDGE BLOCKS ANTI-CATHOLIC WASHINGTON LAW
The settlement is a victory for Catholics and the Becket Fund for Religious Liberty, which helped bring the lawsuit. Mark Rienzi, president and CEO of Becket, said Friday that the agreement was a win for religious liberty.
“Washington was wise to walk away from this draconian law and allow Catholic clergy to continue ministering to the faithful,” Rienzi said. “This is a victory for religious freedom and for common sense. Priests should never be forced to make the impossible choice of betraying their sacred vows or going to jail.”