The U.S. Department of Justice is investigating Washington's “anti-Catholic” law that requires priests to violate the seal of confession by reporting repentance seeking pardon for child abuse.
Law professor Jonathan Turley called the bill unconstitutional in its face.
And evergreen Catholic bishops say they don't follow it. They warn that the priest, revealing what he has heard in the confession, is facing excommunication.
law
The attack on the church began when Democratic Gov. Bob Ferguson on both sides signed Senate Bill 5375.
“Clergy members are required to be reporters for child abuse and neglect,” the law says. But it clearly exempts lawyers: “Without members of the clergy, there is no need to report child abuse or neglect if that information is obtained as a result of privileged communication, except for clergy members.”
The bill defines clergy as follows:
(Optional) A regular licensed, accredited or appointed minister, priest, rabbis, imam, elder, or similarly located church, religious denomination, religious institution, spiritual community, or persons who are fulfilling the official duties of a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, a clergyman, as an individual competence or as an employee, agent, or as an employee of a public or private organization or agency.
The National Constitution guarantees “the absolute freedom of conscience in all matters of religious sentiment,” but adds that “the freedom of conscience secured here must not be interpreted as an excuse for the act of approval or justify practices that contradict the peace and security of the state.”
The Clergy's Reaction
Archbishop Paul Etienne of the Archdiocese of Seattle explained that priests cannot comply with the law, citing the acts of the apostles.
“After the apostles are arrested and thrown into prison for preaching the name of Jesus Christ, St. Peter answers Sanhedrin.
This is our stance now that we are facing this new law. Catholic clergy may not violate the seal of confession – or they will be excommunicated from the church. All Catholics must know and assure that their confessions are sacred, safe, secret and protected by the laws of the church.
The Archbishop said the state “specifically targets religious conduct” by requiring priests to violate essential elements of the ritual.
He also cited the Canon Act of the Church:
Canon 983: The Seal of the Sacrament is inviolable. Therefore, it is a crime in some way, in words, to betray repentance, or in any other way, or for some reason.
Canon 1386: Confessions who directly violate the seal of the sacrament suffer the Ratae (automatic) excommunication reserved for the Apostolic SEE. He does so only indirectly, and is punished according to the gravity of the crime.
“What if the state instructs the religious practices obtained within this sacrament and asserts the right to enforce privileged communication – where the lines drawn between the church and the state are?” Etienne asked. “Can the state now demand the right to know now?”
Bishop Thomas Daly of Spokane said, “I would like to assure you that your shepherds, bishops and priests are committed to maintaining the seal of confession.
Tali's Take
Jonathan Turley called the law “unconstitutional on the face as an attack on the free exercise of religion.” Conscriptions are carried out to become national agents.
“Except for its unconstitutionality, it is a law that is ripe for abuse,” writes Tarley.
The state uses the church as an agent to force a confession on the threat of damage and then hand over the evidence to the police. Worse, if the priest does not give a kind of ministerial Miranda, the confessor may not recognize the danger. However, it is quite difficult to say that a priest must confess his sin while confessing his sin.
And, as Tarley pointed out, lawyers are exempt from the law. Results: If a priest hears about child abuse in a confession, that information is not a privilege. But if the lawyer hears about it from a client, that's true.
“In this abusive law, the Democrats effectively declared a war on religion, particularly the Catholic faith,” writes Tarley. “This issue is currently set for a federal court showdown and, hopefully, a swift process for judicial review and appeal.”
The federal government will intervene
The Trump Justice Department clearly agrees. Under investigation.
The law requires that Catholic priests have deep faith… (this) a violation of the constitution and a violation of the free exercise of religion cannot stand under the government's constitutional system,” said Harm K. Dillon, Attorney General of the Department of Justice's Civil Rights Office.
Worse, the law appears to elect clergy because it does not have the right to assert applicable privileges compared to other reporting experts. We take this issue very seriously and look forward to working with the Washington State investigation.
As Archbishop Etienne observed, “Why was this privileged communication chosen between priest/repentance?
Because, as Tarley wrote, the Democrats on the far left “proclaimed war on religion, especially the Catholic faith.”
