Washington State Backs Off Effort to Pressure Catholic Priests into Violating Seal of Confession

Washington State is backing off its controversial push to force Catholic priests into violating the seal of confession in order to comply with a law requiring them to report suspected child abuse.

Washington and Catholic clergy agreed to a settlement Friday to ensure the state does not single out Catholic priests and pressure them into breaking the seal of confession in order to enforce the anti-child abuse law. Catholic priests will remain mandatory reporters of suspected child abuse if they learn critical information outside of confession.

Over the summer, a federal court blocked Washington from carrying out its attempt to have Catholic priests break the seal of confession. The settlement resolves the case by making the federal court’s injunction permanent, therefore ending the legal dispute for good, court papers show. Catholic clergy in Washington and the Trump administration challenged the state law for unconstitutionally violating religious liberty and discriminating on the basis of religion.

Washington’s law granted confidentiality protections to other professions, including therapists and nurses, where individuals may reveal deeply personal information. The measure drew immediate outcry when Governor Bob Ferguson (D), a practicing Catholic, signed it into law earlier this year because it singled out Catholic priests.

Catholics believe confession is necessary for people in a state of serious sin to encounter God through a priest and repent. The seal of confession ensures Catholics will be comfortable divulging their sins to the priest because it ensures the information remains confidential.

The laws of the Catholic Church require priests to maintain the seal of confession or face excommunication. Washington’s law would have forced priests to choose between potential jail time and excommunication from the church.

“Today’s agreement respects the court’s decision in this case and maintains important protections for children,” Washington Attorney General Nick Brown (D) said in a statement.

“It keeps crucial portions of Washington’s mandatory reporting law in place, while also preserving the Legislature’s authority to address issues with the law identified by the court.”

The settlement is a major victory for Washington Catholics and advocates for religious liberty. The law was set to come into effect on July 27, but the injunction ensured it would not.

“Washington was wise to walk away from this draconian law and allow Catholic clergy to continue ministering to the faithful,” said Mark Renzi, president and CEO of the Becket Fund for Religious Liberty, one of the legal groups representing Washington’s clergy.

“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.”

Washington’s Catholic Conference reiterated its support for the law’s broader aims of ensuring minors are protected from sexual abuse.

“The Catholic Church in Washington consistently supported the law’s broader goal of strengthening protections for minors and asked only for a narrow exemption to protect the Sacrament of Confession,” the conference said in a statement shared on social media.

Catholic priests across Washington are already required by their dioceses to inform authorities about suspected child abuse. Those rules are a byproduct of the Catholic Church’s sexual abuse crisis in the U.S. and elsewhere, which has embroiled numerous members of the clergy over the past several decades.