DOJ Sues Against Law That Church Threatened To Excommunicate Priests Over

Newsweek

6 days ago

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The Department of Justice has filed a lawsuit against a new law that demands priests report child abuse revealed during private confession.
One American Archbishop and other Catholic Church figures warned priests will be excommunicated for obiding by Washington State's new law set to take effect on July 27.
Why It Matters
The issue spotlights the enduring tension between religious freedom and the state's duty to protect children from abuse.
The laws proponents argue it's necessary to help safeguard against child abuse, while critics argue that compelling clergy to breach the confessional seal damages their ability to practise religion freely.
The outcome may influence how other states approach mandated reporting requirements for clergy, especially as constitutional and civil rights groups enter the debate.
Stock image shows a priest in the confessional recites the rosary awaiting penitent.
Stock image shows a priest in the confessional recites the rosary awaiting penitent.
Getty Images
What To Know
The Democrat-led state of Washington passed a law in May requiring clergy to report any suspected child abuse and neglect learned during confession, which was previously exempt, within 48 hours of hearing of it.
The Archdiocese of Seattle responded, saying: "Catholic clergy may not violate the seal of confession—or they will be excommunicated from the Church." Archbishop Paul Etienne of Seattle said: "Priests cannot comply with this law if the knowledge of abuse is obtained during the Sacrament of Reconciliation."
The Justice Department's lawsuit backed the Catholic leaders in a legal filing on Monday, arguing the law "unlawfully targets clergy and, specifically, Catholic priests" and "directly interferes with and substantially burdens this sacred rite" of confession.
"Complying with [new law] SB 5375 under these circumstances would place Catholic priests fundamentally at odds with the core tenets and beliefs of their religion, and even prohibit them from continuing to serve as priests in the Catholic church," it added.
"Under Catholic canon law, priests are "prohibited completely from using knowledge acquired from confession to the detriment of the penitent even when any danger of revelation is excluded."
Washington Senator Noel Frame, a Democrat who sponsored the initial bill, has rejected church leaders' talk of excommunicating priests, and suggested the church change its own rules.
"I am reminded that Canon law has changed many times over the years in the Catholic faith and there's nothing to say they cannot change their rules to allow the reporting of real time abuse and neglect of children," she told NPR last month. "That is within their power to change and I think they should so."
The Justice Department, in a news release announcing the lawsuit, argued the bill "violates the free exercise of religion for all Catholics, and requires Catholic priests to violate the confidentiality seal of Confession" and would deprive them of the free exercise of religion, something protected under the first amendment and the equal protection clause of the fourteenth amendment.
They added that this would subject them to "immediate excommunication from the Catholic Church."
What People Are Saying
Mark Shanahan, who teaches American politics at the University of Surrey in the U.K., told Newsweek via email on Tuesday: "The DoJ has a history of intervening where States impose laws that appear to impinge on citizens' rights to practice religion freely. In so doing, it is upholding rights enshrined by the First Amendment. While the Washington Senate Bill may be making the headlines now, it's just the latest in a long line of state laws that have fallen foul of Constitutional rights."
Assistant Attorney General Harmeet K. Dhillon of the Justice Department's Civil Rights Division said in a release: "Laws that explicitly target religious practices such as the Sacrament of Confession in the Catholic Church have no place in our society. Senate Bill 5375 unconstitutionally forces Catholic priests in Washington to choose between their obligations to the Catholic Church and their penitents or face criminal consequences, while treating the priest-penitent privilege differently than other well-settled privileges. The Justice Department will not sit idly by when States mount attacks on the free exercise of religion."
In a statement to KOIN 6 News, Washington Governor Bob Ferguson, who signed the law, said: "It is disappointing, but not surprising, to see the DOJ seek to shield and protect child abusers."
What Happens Next
The law is set to go into effect on July 27. Meanwhile, it is facing another lawsuit from bishops of the Archdiocese of Seattle and the dioceses of Spokane and Yakima who raised concerns about religious freedom.