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Yahoo
7 days ago
- Politics
- Yahoo
Judge blocks WA requirement for priests to report child abuse disclosed in confession
(Getty Images) Catholic priests in Washington cannot be required to report child abuse or neglect they learn of in confession, a federal judge ruled Friday. U.S. District Court Chief Judge David G. Estudillo granted a preliminary injunction sought by three Catholic bishops, temporarily blocking enforcement of a controversial element in a new state law set to take effect July 27. Estudillo ruled that requiring disclosure of information priests hear in the confessional infringes on their First Amendment right to practice religion and will force them to violate their sacred vows or face punishment by the state. The decision means clergy will be added to the state's roster of professions that must report to law enforcement when they have 'reasonable cause to believe that a child has suffered abuse or neglect.' But the state cannot require Archbishop Paul Etienne of Seattle, Bishop Joseph Tyson of Yakima and Bishop Thomas Daly of Spokane — the three who filed the suit — or any Catholic priest in Washington under their direction to disclose such information they hear in confession. 'There is no question that SB 5375 burdens Plaintiffs' free exercise of religion,' Estudillo wrote in a 25-page ruling issued four days after a court hearing in Tacoma. The legislation 'places them in the position of either complying with the requirements of their faith or violating the law. The consequences for violating the law are serious and, as Plaintiffs assert, the implications of violating the Sacramental Seal are more serious still,' he wrote. Attorney General Nick Brown's office emphasized that the ruling only applies to 'the Sacrament of Confession' and that, if clergy learn about abuse in any other setting, the injunction does not change that they will be mandated reporters. Brown did not provide any further comment. The ruling drew praise from Catholic Church leaders and attorneys who brought the suit. '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,' Mark Rienzi, president and CEO of Becket, one of the legal teams, said in a statement. Jean Hill, executive director of the Washington State Catholic Conference, said Catholic faithful have sought reconciliation with God through the sacrament of confession for centuries. 'This ruling protects that sacred space and ensures that Washingtonians of all religious stripes can live out their beliefs in peace,' she said in a statement. Washington Gov. Bob Ferguson signed the legislation in early May. Ferguson, a Catholic, has said requiring disclosures about information learned in confession did not give him pause and he was disappointed his church was suing 'to protect individuals who abuse kids.' The law adds clergy to a list that includes school personnel, nurses, social service counselors, psychologists, and many others, who must report suspected abuse or neglect. A 'member of the clergy' is defined in the legislation to cover any regularly licensed, accredited, or ordained minister, priest, rabbi, imam, elder, or similarly positioned religious or spiritual leader. Violations of the law carry potential penalties of up to 364 days in jail, a $5,000 fine, and civil liability. The three bishops filed their lawsuit May 29, naming Ferguson, Brown and the prosecuting attorney in each of Washington's 39 counties as defendants. Prosecutors for the counties did not take sides in this dispute. Collectively, they agreed to accept a preliminary injunction as long as the plaintiffs did not seek attorney fees from them. This basically put the counties on the sidelines, said Geoff Enns, a Snohomish County deputy prosecuting attorney. State attorneys have argued the law can survive a First Amendment challenge because it was tailored to serve the compelling government interest of prosecuting perpetrators of child abuse. But in his ruling, Estudillo said the state 'arguably could have chosen a less restrictive means of advancing its interest' by adding members of the clergy to the list of mandated reporters and providing a narrow exception for the confessional, as other states do. Attorneys for the bishops have argued the law treats Catholic priests, and the religious activity of confession, differently than other professions that involve confidential conversations. They pointed to House Bill 1171, which also takes effect July 27. That law exempts attorneys employed by public or private higher education institutions, and employees under their supervision, from their mandatory reporting obligations if the information obtained is related to the representation of a client. Estudillo agreed, ruling this undermined the state's argument that it was not singling out the church practice. 'The government interest at issue in both statutes — protecting children from abuse and neglect — is the same. Nevertheless, one law eliminates the privilege for clergy while the other expands the privileges available to secular professionals,' he wrote. 'Ultimately, Washington's failure to demonstrate why it has an interest of the highest order in denying an exemption to clergy while making such exemptions available to other professionals who work with underserved children … is likely fatal' to the law, the judge added. Last month, the U.S. Department of Justice sought to join the legal fight as an intervening party on the side of the bishops. Estudillo granted the request. The Trump Administration also filed a separate request for a preliminary injunction. It is slated for a hearing next week. Meanwhile, a similar legal battle is unfolding in the U.S. District Court in the Eastern District of Washington. The Orthodox Church of America, along with other churches and individual priests, has sued state officials and county prosecutors, contending the law violates the First Amendment right to practice one's religion. SB 5375 preliminary injunction ruling U.S. District Judge David G. Estudillo's July 18, 2025, ruling, granting a preliminary injunction, partially blocking enforcement of Senate Bill 5375.
Newsweek
24-06-2025
- Politics
- Newsweek
DOJ Sues Against Law That Church Threatened To Excommunicate Priests Over
Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content. 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.
Fox News
10-05-2025
- Politics
- Fox News
Catholic bishops vow to resist blue state law intruding on 'sacred' trust: 'Obey God rather than men'
The Catholic bishops of Washington state are resisting a new law signed by Democratic Governor Bob Ferguson that they say would violate the seal of confession, which would result in excommunication for any priest who complies. Spokane, Washington, Bishop Thomas Daly released a statement in response to the law in which he said that he and his priests "are committed to keeping the seal of confession – even to the point of going to jail." The new law, signed last week by Democratic Gov. Bob Ferguson, who is Catholic, added "members of the clergy" to a list of professionals who are required to report information that relates to child abuse or neglect to law enforcement, and the measure does not provide an exception for information offered at a confessional. The law is set to go into effect on July 26. A central tenet of the Catholic sacrament of confession is that priests are bound by an absolute seal of confidentiality, an obligation that requires them to keep anything learned in confession a secret. Violating this tenet results in what is called "excommunication," which cuts a person off from the church and eternal life, according to Catholic teaching. While Daly said that his diocese has a zero-tolerance policy regarding child sexual abuse and that the church would "do everything within our power to keep your children safe," he said the "Sacrament of Penance is sacred and will remain that way in the Diocese of Spokane." Seattle Archbishop Paul Etienne framed the issue as a question of whether the clergy is "answerable to God or state." He quoted a scripture passage that reads, "We must obey God rather than men." "This is our stance now in the face of this new law. Catholic clergy may not violate the seal of confession – or they will be excommunicated from the Church," said Etienne, adding: "All Catholics must know and be assured that their confessions remain sacred, secure, confidential and protected by the law of the Church." Etienne said that the law cuts to the heart of the First Amendment's ban on the state either establishing or prohibiting the free exercise of a religion. "Once the state asserts the right to dictate religious practices and coerce information obtained within this sacrament – privileged communication – where is the line drawn between Church and state? What else may the state now demand the right to know? Which other religious practices will it try to legislate?" asked the archbishop. On Monday, the U.S. Department of Justice's Civil Rights Division opened an investigation into the law for possible violations of the First Amendment's religious protections. A statement by the division said that the new law "singles out 'members of the clergy' as the only 'supervisors' who may not rely on applicable legal privileges, including religious confessions, as a defense to mandatory reporting." "The law appears to single out clergy as not entitled to assert applicable privileges, as compared to other reporting professionals," said Assistant Attorney General Harmeet Dhillon of the Justice Department's Civil Rights Division. "We take this matter very seriously and look forward to Washington State's cooperation with our investigation," said Dhillon. Bishop Joseph Tyson of Yakima, Washington, posted on Facebook that he was grateful for the Justice Department's investigation, saying that the bishops' attempts to meet with the governor about the law had gone unanswered. "I realize that many may disagree but in a way that parallels attorney client privilege, the seal of confession allows the penitent to come to grips with moral accountability and culpability," said Tyson. "We want to hope and pray that the heart of an offender would be so moved by the mercy of God and the guidance of the skilled clergy that it would necessarily lead to an encounter beyond the sacramental seal with law enforcement." Ferguson did not respond to Fox News Digital's request for comment. Fox News Digital's Landon Mion contributed to this article.
Yahoo
08-05-2025
- Politics
- Yahoo
Spokane and Seattle bishops say they won't comply with new mandatory reporting for child abuse if information obtained in confessions
May 7—The Catholic bishops in Spokane and Seattle have told parishioners they will not fully comply with a new Washington law that requires clergy to report sexual abuse to police, similar to teachers, police officers and other professionals. Catholic leaders say that priests who hear confessions are obligated to keep those confessions secret, but that they are supportive of the rule outside of the Catholic sacrament of confession. The U.S. Department of Justice announced this week that it has opened an investigation into the law, alleging that it "appears on its face to violate the First Amendment." In separate statements, Thomas Daly, bishop of Spokane, said "shepherds, bishops and priests, are committed to keeping the seal of confession — even to the point of going to jail," and Archbishop Paul Etienne of Seattle said those who break the seal of confession face excommunication from the church. "All Catholics must know and be assured that their confessions remain sacred, secure, confidential, and protected by the law of the Church," Etienne wrote. Gov. Bob Ferguson signed the law Friday that will take effect on July 27. Washington is one of five states that does not designate clergy as mandatory reporters, but most states exempt the sacrament of confession. Under current state law, a variety of other professions that frequently interact with children, including police officers, nurses and school personnel, are required to report incidents of suspected abuse within 48 hours, with failure to do so considered a gross misdemeanor. In a statement Monday, Assistant Attorney General Harmeet K. Dhillon said the law "demands that Catholic Priests violate their deeply held faith in order to obey the law, a violation of the Constitution and a breach of the free exercise of religion cannot stand under our Constitutional system of government." In a statement Wednesday, Ferguson said, "We look forward to protecting Washington kids from sexual abuse in the face of this 'investigation' from the Trump Administration." The legislation Ferguson signed does not include an exemption for the information learned during penitential communication, or communication between clergy and a congregation member, such as in the confession of sins. Daly said in a statement Friday that the "Sacrament of Penance is sacred and will remain that way in the Diocese of Spokane." "For those legislators who question our commitment to the safety of your children, simply speak with any mom who volunteers with a parish youth group, any Catholic school teacher, any dad who coaches a parochial school basketball team or any priest, deacon or seminarian, and you will learn firsthand about our solid protocols and procedures," Daly wrote. According to Daly, the Diocese of Spokane maintains a department called the Office of Child and Youth Protection and has a zero-tolerance policy for child sex abuse. On Sunday, Etienne said the first reading from that day's Mass was from the Acts of the Apostles. "After the apostles were arrested and thrown into jail for preaching the name of Jesus Christ, St. Peter responds to the Sanhedrin: 'We must obey God rather than men' (Acts 5:29)," Etienne wrote. "This is our stance now in the face of this new law." In a statement, Etienne cited two chapters of Canon Law, which state in part that "The sacramental seal is inviolable" and that a "confessor who directly violates the sacramental seal incurs a latae sententiae (automatic) excommunication." According to Etienne, current church policies already designate priests as mandatory reporters, unless the information is obtained during confession. "While we remain committed to protecting minors and all vulnerable people from abuse, priests cannot comply with this law if the knowledge of abuse is obtained during the Sacrament of Reconciliation," Etienne wrote. According to Etienne, the Washington State Catholic Conference staff discussed the proposal with legislators during the session. However, "efforts to collaborate on an amicable solution eventually failed this session, ushering this most extreme version of the bill to pass." Once passed, the bishops of the state of Washington requested a meeting to discuss the legislation with Ferguson, who, according to Etienne, did not respond. As he signed the bill into law on Friday, Ferguson said it "protects Washingtonians from abuse and harm." A Catholic, Ferguson said his uncle served as a Jesuit priest "for many, many, many years here in the Pacific Northwest." "I obviously have a personal perspective on this," Ferguson said. "But protecting our kids first is the most important thing." Ferguson added that the need for the law was "very clear" and that it was "very important legislation." Sen. Noel Frame, D-Seattle, the bill's sponsor, introduced similar legislation in both 2023 and 2024. In 2023, a proposal that did not contain an exemption for confidential penitential communication failed. The version proposed by Frame last year would have established a "duty to warn" for abuse disclosed in penitential communication, though that, too, failed. Ahead of a vote in the Senate, Frame told lawmakers that the bill is about "checking on the child." "This is about making sure we, the state, have the information we need to go make sure that kid is OK," Frame said. "What our mandatory reporter laws do is, it compels our Department of Children, Youth and Families or law enforcement to further investigate and substantiate that report, but in the meantime, make sure that child is safe."
Yahoo
29-04-2025
- Politics
- Yahoo
Holy Rosary Church still at risk of demolition. Here's where things stand now
As cardinals of the Catholic Church make their way to Rome to choose the next pope, a choice over what to do with a historical church looms over Tacoma. The Church of Our Lady of the Holy Rosary would need costly repairs to function again. Everyone at least agrees about that. But from there things get complicated. A local group made an offer to purchase and run the church in 2024, but the local parish and the Archdiocese of Seattle has turned them down. Archbishop Paul Etienne decreed again in March that the Holy Rosary will be relegated to 'profane, but not sordid' use. That would decommission the church and make it possible to sell the property, and for a wrecking crew to take down the 104-year-old Gothic-style local landmark. Some local Catholics have made it clear they want to stop a potential demolition. They've raised funds and formed a legal entity that could purchase the property. They already appealed to the Vatican once and submitted their proposal to the local parish and the Archdiocese. As they did the last time the Archdiocese made this decree, they've now appealed to the Vatican again. The church is an eye-catching feature of the Tacoma skyline, and the prospect of losing it brought out strong reactions in Catholics and non-Catholics alike when the parish's plans first came to light in 2019. Even Mayor Victoria Woodards chimed in, pledging to help in what way she can. But the fate of the church isn't up to local government. Historical landmark laws don't apply to properties owned by religious organizations, and regional Catholic leadership has the authority to decide. Any arguments against those decisions are based in the Catholic Church's canon law, the same opaque set of rules and norms clerics will follow when choosing a replacement for Pope Francis. The local disagreement over whether Holy Rosary can or should go on as a church (and above all stay standing) is thorny. No one seems to agree on how valuable the property is. Or how extensive or costly repairs to the church would be. Or even what the process is for transferring the church to a lay organization. It's enough to make status updates from the Papal conclave, which are delivered through a chimney using different colors of smoke, seem straightforward. Tacoma Catholic Jack Connelly created a legal entity, Domus Dei Porta Coeli LLC, to buy the Holy Rosary property. Working with fundraisers for Save Tacoma's Landmark Church, he wants to purchase the property, fix up the church and eventually convert the surrounding property into a Catholic cultural center. The church would still serve as a place of worship in this plan, but it wouldn't have a dedicated priest or weekly services. The surrounding property could include gardens with Catholic statuary designed for contemplation. The parish, called the Parish of Saint John Paul XXII, and the Archbishop in Seattle didn't go for it, saying the offer wasn't workable. Connelly believes that the Archdiocese of Seattle wants to get more money for the property by making it possible to raze the church, which Etienne's decree does. He also thinks that strategy isn't going to make as much money as the Catholic leadership might hope. It costs money to raze a church. For its part, the Archdiocese has pointed to the millions of dollars it would take to restore the church. They estimate a price tag of $17 million or more. Archdiocese chief communications officer Helen McClenahan emphasized that the decision came from the parish in Tacoma, and not as a top-down order from leadership in Seattle. That decision came after engagement with the community, including Connelly's group, and a lot of 'prayer and discernment,' she added. While the church is historic, Catholics in Tacoma are part of the present. As much as it might be a beautiful part of the skyline, it's also supposed to serve the needs of the parish, McClenahan said, and that's no longer possible. Connelly disputes the Archdiocese's stance. The $17 million price estimate includes a list of nice-to-have things that aren't related to getting the building up to code, he said. For example, a new HVAC system would be nice, but he's willing to put up with the archaic boiler system if it means saving the church. Without knowing all of the many (many) details of the property's condition and what the law requires, it's hard to say whether Connelly and his cohorts have a viable plan. It is clear that many Tacomans want to keep the church intact. Catholics see it not only as a holy place where they've celebrated first communions, weddings and funerals, but as a way to attract people to their faith. But what that would look like, and the path to making it happen, is anything but clear.
