(LifeSiteNews) — A federal judge blocked a Washington state law that threatened priests with fines and nearly a year in prison if they refused to break the Seal of Confession.
As extensively covered by LifeSiteNews, Senate Bill 5375 was the latest version tried by Washington Democrats to force Catholic priests to report some types of abuse, even if they heard of it within the sacred secrecy of the Confession. Breaking the Seal of Confession incurs an automatic excommunication; the bishops said their priests would not comply with the law.
The bill has come under legal scrutiny from the United States Conference of Catholic Bishops, legal scholars, and the federal Department of Justice. Multiple lawsuits have been filed against the bill by both Catholic bishops and Orthodox churches.
A judge ruled today in favor of the Catholic bishops challenging the law and granted a preliminary injunction.
“The Court concludes Plaintiffs are likely to succeed on the merits of their Free Exercise Clause challenge and otherwise meet the requirements for the issuance of a preliminary injunction,” Judge David Estudillo of the Western District Court of Washington ruled today. The law would have gone into effect on July 27 without an injunction.
Judge Estudillo dismissed the arguments from Washington, led by liberal Democratic Governor Bob Ferguson, that the bishops did not have standing yet because they had not been charged. Requiring them to wait until they specifically broke the law and did not report abuse would in itself require violating the Seal of Confession, Judge Estudillo wrote in his ruling.
“There is no question that SB 5375 burdens Plaintiffs’ free exercise of religion,” the judge also concluded. 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.”
The law is also not “neutral” and “generally applicable,” which can be a defense for laws that may infringe on religious liberty. Instead, as pointed out in legal filings and by the federal judge, “SB 5375 modifies existing law solely to make members of the clergy mandatory reporters with respect to child abuse or neglect.” Other professions and relationship are specifically exempted.
There are future steps in the process, as the case will likely continue to discovery. Furthermore, the ruling only now applies to Roman Catholic priests in the state of Washington. However, it is possible this ruling will support other current and potential lawsuits against the law.
The Thomas More Society praised the decision in a statement sent to LifeSiteNews.
“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,” litigation director Peter Breen stated. “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.”
“This injunction is a significant and encouraging first step and should serve as a warning to state lawmakers nationwide, who are considering similar policies that meddle in the free exercise of faith,” Breen stated. “Thomas More Society remains steadfast in our commitment to defending religious liberty and the freedom of the Church against government overreach.”
