Federal judge blocks WA law requiring Catholic priests to report crimes revealed during confession

A federal judge on Tuesday temporarily blocked a Washington state law that would force Catholic priests to break the seal of confession by making them mandatory reporters, requiring them to report a variety of offenses they learn about during confession, including child abuse or neglect.
 

Per MyNorthwest, the court ruled that the state was "unable to explain why the language in § 1(b) of the bill doubled down on singling out clergy."

Peter Breen, executive vice president and head of litigation at Thomas More Society, said in a statement following the ruling, "Today’s court victory for Washington’s Catholic bishops and priests, in the face of the state’s unconstitutional attack on the sacred seal of Confession, sends a message. The government has no place interfering in the deeply held religious practices and sacramental life of the Church."

"We are grateful that the court has recognized the serious constitutional concerns at stake and has issued this preliminary injunction to protect Catholic priests from being compelled to violate the seal of Confession. Such blatant anti-First Amendment policies cannot stand, as we made clear in our amicus brief for Bishop Robert Barron."

Ahead of the judge's ruling, county prosecutors agreed not to enforce the law until a final ruling in the case, King 5 News reported.

US District Court Judge David Estudillo wrote in a court filing, "IT IS HEREBY ORDERED that the Stipulating Defendants and their agents, servants, employees, and attorneys, and other persons who are in active concert or participation with Stipulating Defendants their agents, employees, and attorneys, are preliminary enjoined, pursuant to Federal Rule of Civil Procedure 65(a), from enforcing or attempting to enforce RCW 26.44.030, as amended by Senate Bill 5375, as applied to information by Roman Catholic priests solely through the Sacrament of Confession."

A contentious debate over religious freedom has been sparked by Senate Bill 5375, which is scheduled to take effect on July 27. This bill would mandate that clergymen report crimes in all contexts, including disclosures made during confession. Failure to perform mandatory reporter duties is a crime punishable by 364 days in prison and/or a fine of $5,000, according to state law.

In May, members of the Catholic Church sued Washington over the law, citing First Amendment violations. On Monday, lawyers for the Church had requested a temporary injunction while the lawsuit proceeds. The Department of Justice's Civil Rights Division, headed by Assistant Attorney General Harmeet Dhillon, has also sued the state over the law.

Archbishop of Seattle Paul Etienne told King 5 News in a previous interview that Catholic priests have no intention of honoring the law, should it take effect. "Our priests have told me, Archbishop, I'll go to prison before I allow the state to coerce any such information from me, and I think all of our priests feel that way," he said. "Our Church law, canon law, also says if a priest violates that seal, he's automatically excommunicated from the Church."

Catholic leaders from Spokane and Yakima, who signed on to the lawsuit, said the law "would require them to choose between the law of man and their faith," KGW8 reported.

Democrat Gov. Bob Ferguson, a self-proclaimed Catholic, expressed disappointment with the lawsuit filed by Catholic officials, saying, "I'm disappointed my Church is filing a federal lawsuit to protect individuals who abuse kids."