A federal judge in Washington blocked a state law requiring Catholic priests to notify law enforcement about child abuse when they learn of it through the sacrament of confession, starting later this month.
The court order, issued Friday, came after the Catholic Bishops of Washington sued state officials last month to halt the law, saying it violated the free exercise of religion protected under the First Amendment.
Washington Gov. Bob Ferguson signed the law, Senate Bill 5375, on May 2.
If there were noncompliance with the law, a priest could face a fine and jail time. It was set to take effect July 27, but the court’s injunction blocks it for now.
“There is no question that SB 5375 burdens Plaintiffs’ free exercise of religion. In situations where Plaintiffs hear confessions related to child abuse or neglect, SB 5375 places them in the position of either complying with the requirements of their faith or violating the law,” wrote U.S. District Court Judge David Estudillo, a Biden appointee.
The priests told the court in their lawsuit that they already report child abuse or neglect that is discovered in other ways, but they object to violating their religious teachings and beliefs when it comes to the secrecy of confession.
The sacrament of reconciliation, or confession, in the Catholic Church involves an individual confessing sins to a priest to receive forgiveness and penance. The communications are done in private and sometimes anonymously, as the individual has an option to appear behind a screen.
The clergy is represented by the Becket Fund for Religious Liberty, a legal advocacy group.
“This ruling confirms what has always been true: In America, government officials have no business prying into the confessional,” said Mark Rienzi, CEO of Becket. “By protecting the seal of confession, the court has also safeguarded the basic principle that people of all faiths should be free to practice their beliefs without government interference.”
A spokesperson from Mr. Ferguson’s office didn’t immediately respond to a request for comment about the court’s move and whether there will be an appeal.
The case is Etienne v. Ferguson.
