Washington's Confession Law Sparks Religious Liberty Clash
A legal battle is brewing in Washington D.C. over a law that requires priests to violate the seal of confession, alarming Catholics and all Americans who value religious liberty. The case, People v. Philips, is the first of its kind in the U.S., dating back to 1813 when New York City Mayor DeWitt Clinton ruled that compelling priests to reveal confessional disclosures would violate constitutional guarantees of religious freedom.
Washington's law, set to take effect on July 27, compels clergy to report suspected abuse based on information obtained during confession, while other mandated reporters are exempt from divulging such confidential information. This has sparked a backlash from religious communities, with Bishop Robert E. Barron of Winona-Rochester, Minnesota, filing a friend-of-the-court brief against the law. The Orthodox Church in America and several other Orthodox churches have also launched a separate suit against Washington's administration.
Bishop Barron's amicus brief argues that Washington's law contradicts the nation's courts' tradition of honoring the clergy-penitent privilege. He extensively cited the case of Colorado baker Jack Phillips, whose right to refuse a wedding cake order for a same-sex couple was upheld on religious liberty grounds. Father John Paul Kimes warns that any civil legislation seeking to repeal clergy-penitent protections faces a head-on collision with canon law, which holds the sacramental seal of the confessional as inviolable.
The case between Washington Governor Bob Ferguson and the Catholic bishops regarding the mandatory abuse reporting legislation is pending in the Washington State Supreme Court. Meanwhile, the Department of Justice has opened a civil rights investigation into the legislation's development and passage. The outcome of this case could set a significant precedent for religious liberty in the U.S.
