A federal judge in Washington blocked a state law that would have taken effect later this month, which requires Catholic priests to notify law enforcement about child abuse when they learn of it through the sacrament of confession.
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 Senate Bill 5375 on May 2. It would force priests to violate their sacramental seal of confession if they learn about child abuse or neglect, requiring them to notify law enforcement.
If there was non-compliance with the law, a priest could face criminal punishment such as a fine and jail time. It was set to take effect July 27, but the court’s injunction blocks that from happening, 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 when it 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 their sins to a priest to receive forgiveness and penance in return. The communications are done in private and sometimes anonymously, as the individual has an option to appear behind a screen.
The clergy are represented by Becket Religious Liberty for All, 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, president and 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 did not 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.
