(from New York) The Catholic bishops of Washington State filed a lawsuit in response to the approval by Democratic Governor Bob Ferguson of a new law requiring priests to break the seal of confession should they receive confidential allegations of abuse. On Thursday, 29 May, the bishops of the State’s three Catholic dioceses filed a lawsuit against Ferguson, arguing that “Washington State law isn’t about protecting kids — it’s about jailing priests for following the Church’s ancient faith practices”.
In early May, the Senate passed a law requiring members of the clergy to report child abuse or neglect. This places clergy on a par with other mandatory reporters, such as school staff, nurses and psychologists, in their obligation to report suspected abuse, regardless of the inviolability of the confessional seal. Archbishop Paul Etienne of Seattle and bishops from other dioceses asked for a meeting with Governor Ferguson to discuss their concerns, but their request went unanswered. This lack of dialogue probably hastened the decision to resort to litigation.
In the lawsuit filed at the US District Court in Tacoma, the bishops openly denounced the “brazen act of religious discrimination” that is targeting the Roman Catholic Church. The lawsuit stated that “without any basis in law or fact, Washington now puts Roman Catholic priests in the impossible position of either violating 2,000 years of Church teaching and incurring automatic excommunication, or refusing to comply with Washington law and being subject to imprisonment, fines, and civil liability”, and cited historical examples of priests who were martyred for refusing to break the seal.
The lawsuit likewise emphazises the various steps taken by the Catholic Church in the United States, and by dioceses in particular, to eradicate sexual abuse by members of the clergy. It states that priests who learn of instances of abuse outside of the sacrament of confession, perhaps during counselling, are obligated to report that suspected abuse or neglect to proper law enforcement agencies or social services. This obligation does not apply to information received in confession.
Meanwhile, following the law’s approval, the Department of Justice said it would investigate an apparent conflict between Washington state law and the free exercise of religion under the First Amendment to the US Constitution.
