A US federal judge has blocked a new law in Washington state that would have required Catholic priests to report child abuse—even if the information was shared in the confessional.
The law, known as SB 5375, was signed by Democratic Governor Bob Ferguson in May and was set to come into force on 27th July. It would have made it a criminal offence for clergy not to report child abuse, even if the information was received during sacramental confession, punishable by nearly a year in prison and a $5,000 (£3,728) fine.
However, Chief Judge David Estudillo ruled on Friday that the legislation likely violated the First Amendment of the US Constitution, which protects the free exercise of religion. In his 25-page ruling, he said the state had failed to show why it could not allow an exemption for religious confession, especially when around 25 other US states do so.
He wrote: “The State arguably could have chosen a less restrictive means of advancing its interest in protecting children from abuse and neglect by adding members of the clergy to the list of mandated reporters while also permitting a narrow exception for the confessional.”
The Catholic Church teaches that the seal of confession is sacred, and priests must never reveal what is said, under penalty of excommunication.
Religious liberty group Becket, which represented the Roman Catholic Archdiocese of Seattle, welcomed the ruling.
Mark Rienzi, president of Becket, said: “This ruling confirms what has always been true: In America, government officials have no business prying into the confessional.
“By protecting the seal of confession, the court has also safeguarded the basic principle that people of all faiths should be free to practise their beliefs without government interference.”
CatholicVote, a prominent lay advocacy organisation, also responded. “In a nation where anti-Catholic bigotry is on the rise, this ruling is a hopeful reminder: no American should face criminal penalties for living out their faith,” said Kelsey Reinhardt, its president.
“We are grateful for today’s ruling and hope that the final outcome of the case similarly reflects our nation’s commitment to the First Amendment of all Americans — especially Catholics.”
The US Department of Justice also weighed in on the case last month, siding with the Church and saying the law “explicitly targeted” religious practice.
Harmeet Dhillon, assistant attorney general, said at the time: “Laws that explicitly target religious practices such as the Sacrament of Confession in the Catholic Church have no place in our society.”
The law is now on hold while the legal case continues.
