The nation is rightly frustrated over the failure to get to the bottom of the Jeffrey Epstein child sexual abuse network. Any child abuser or accomplice should be swiftly brought to justice. The pursuit of justice, however, must be targeted to be effective and safeguard other liberties.
This was the case when a federal district court in Washington state recently halted SB 5375, a misguided state law that would have required Catholic priests to report suspected child abuse disclosed during confession. The decision defends religious freedom and better protects children in the long run.
As a mother and a practicing Catholic, I was horrified by the revelations of clerical sexual abuse that came to light in the early 2000s. The anguish experienced by victims and their families is incalculable. While nothing can undo that harm, the church has taken meaningful steps to prevent future abuse. Through the Charter for the Protection of Children and Young People, the U.S. Conference of Catholic Bishops established a nationwide framework for accountability, including mandatory reporting policies in dioceses across the country.
Consistent with the charter, in the Archdiocese of Seattle and the dioceses of Spokane and Yakima, all church personnel are already required to report suspected abuse to law enforcement or child protection agencies. The only exception is the confessional seal, a sacred obligation that forbids priests from revealing what is said during confession, under penalty of automatic excommunication under canon law.
Washington state’s bishops, joined by other clergy, sued in May, arguing that SB 5375 was unconstitutional. Unlike the former President Joe Biden’s Department of Justice, which looked on while the FBI singled out traditionalist Catholics as possible domestic threats, the Trump administration’s DOJ spoke out against the state law as a form of religious discrimination and sought to intervene in the case in support of the Church.
U.S. District Judge David Estudillo enjoined the law from going into effect, writing, “There is no question that SB 5375 burdens Plaintiffs’ free exercise of religion. In situations where [priests] hear confessions related to child abuse or neglect, [the rule] places them in the position of either complying with the requirements of their faith or violating the law.”
Critics argue that even sacred privileges must yield when children’s safety is at stake. One attorney quoted by the American Bar Association said, “The privileges we have in this country have to give way when it would jeopardize the safety of children.” That may sound reasonable to those unfamiliar with the sacrament, but it misunderstands its purpose and practical effect.
The sacrament of penance, also referred to as the sacrament of reconciliation or confession, is one of the seven sacraments of the Catholic Church. The Catechism of the Catholic Church explains that the sacrament requires the sinner to “endure all things willingly, be contrite of heart, confess with the lips, and practice complete humility and fruitful satisfaction.”
Occupying the “first place” among a penitent’s acts, contrition is “sorrow of the soul and detestation for the sin committed, together with the resolution not to sin again.” In the sacrament, certain acts of “satisfaction” or “penance” are proposed by the confessor to be performed by the penitent “in order to repair the harm caused by sin and to re-establish habits befitting a disciple of Christ.” Among those acts of satisfaction that can be imposed by a confessor is doing what is possible to “repair” the harm against another.
Confession to a priest is an essential part of the sacrament. Not the “master of God’s forgiveness” but its “servant,” a priest is bound to keep “absolute secrecy” regarding the sins his penitents have confessed to him.
Washington lawmakers presented no evidence that the confessional seal has ever been used to shield abusers from justice. Forcing priests to violate it wouldn’t enhance child protection. Instead, it could deter abusers from acknowledging their wrongdoing and discourage victims from seeking spiritual guidance from trusted clergy.
RETHINKING RUSSIAGATE IN THE SHADOW OF THE EPSTEIN FILES
We all agree on the goal: ending child abuse and holding perpetrators accountable. But turning priests into agents of the state inside the confessional confuses the role of faith in this work. The solution lies not in undermining religious liberty but in continuing to improve prevention policies, reporting systems, and support for survivors.
The church — the hierarchy, clergy, and lay Catholics — must remain vigilant and do our part to protect little ones who are victims of sexual abuse by any adults. But pitting government mandates against sacraments isn’t the answer. Protecting children and preserving religious freedom are not mutually exclusive. We can and must do both.
Andrea Picciotti-Bayer is director of the Conscience Project.