UPDATE: Judge blocks WA law requiring priests to break confessional in child abuse cases

News Brief by Cassy Benefield | FāVS News

UPDATE July 18:

Friday (July 18)  the Roman Catholic Church in Washington won their preliminary injunction on the clergy mandatory reporting law that is set to go into effect July 27. This law will enforce mandatory reporting by clergy when child abuse and neglect arise — including within the confessional.

The bill is SB 5375, and it will go into effect July 27 for all other faith traditions except Roman Catholicism.

U.S. District Judge David G. Estudillo, appointed by Biden in 2021, ruled that while Etienne v. Ferguson is litigated, all Roman Catholic priests in Washington — under the authority of Archbishop Paul D. Etienne, Bishop Thomas A. Daly and Bishop Joseph J. Tyson — can continue administering the confessional as before.

Estudillo wrote in the preliminary injunction that these leaders needed relief from this law while their case is tried because the plaintiffs sufficiently argued the loss of their First Amendment right of the Free Exercise of Religion.

He also added, these bishops “cannot fulfill their religious responsibility of ensuring that the priests within their dioceses maintain the sacramental seal. Likewise, they will not be able to fulfill their responsibility to ensure that ‘the faithful within their dioceses have access to the Sacrament of Confession.’”

CatholicVote President Kelsey Reinhardt considers today a victory for not only religious freedom, but also for standing against “anti-Catholic bigotry.”

This ruling is a hopeful reminder: No American should face criminal penalties for living out their faith,” Reinhardt said. “We are grateful for today’s ruling and hope that the final outcome of the case similarly reflects our nation’s commitment to the First Amendment of all Americans — especially Catholics.”

July 14:

The Catholic bishops of Washington state and several priests were in federal court Monday (July 14) asking the court for a preliminary injunction to temporarily block a clergy mandatory-reporting law that will go into effect on July 27. 

The injunction would allow the court case Etienne v. Ferguson go to full trial, while keeping confessional privileges at status quo if a decision to their case is not made before July 27.

The Catholic Church — across the Archdiocese of Seattle and the Dioceses of Yakima and Spokane — said in a press release they already require priests to report child abuse and neglect to law enforcement and other state authorities. The only exception would be if the information is learned during the sacrament of confession. 

Consequences of the new law

Washington’s new law imposes penalties of up to 364 days in jail, a $5,000 fine and potential civil liability on priests who would uphold the seal of confession and obey long-standing Canon law. 

“If priests face criminal sanctions for following their faith and refusing to break the seal of confession, it threatens the freedom of everyone to practice their faith without fear,” said Jean Hill, executive director of the Washington State Catholic Conference. “We are hopeful that the court will protect religious freedom for all Washingtonians.” 

The Catholic Church also claims the new law singles out this specific privilege for religious activities but allows protections to remain in place in secular settings. 

Supporters of the law push back against that statement because other parts of the Washington State Code don’t allow lawyers, doctors, etc., privilege in conversations that include child abuse and neglect, as well as immediate harm to the person they are talking to or others they are talking about.

WilmerHale and co-counsel Becket and First Liberty Institute represent the lead plaintiffs Archbishop Paul D. Etienne, Bishop Joseph J. Tyson and Bishop Thomas A. Daly, who filed the initial lawsuit earlier this summer.