The United States Justice Department is investigating whether a new law in the state of Washington that forces clergy to break the seal of confession regarding child abuse violates the country’s First Amendment. Source: Crux.
The bill was signed Democratic Governor Bob Ferguson, a Catholic, on Friday.
“Protecting our kids, first, is the most important thing. This bill protects Washingtonians from abuse and harm,” Mr Ferguson said.
The bill offered no exception for the absolute seal of confidentiality that applies to Catholic priests.
Seattle Archbishop Paul Etienne issued a statement referring to the quote of St Peter in the Acts of the Apostles: “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,” Archbishop Etienne said.
“All Catholics must know and be assured that their confessions remain sacred, secure, confidential and protected by the law of the Church,” he said.
The archbishop said the Church agreed with the goal of protecting children and preventing child abuse.
“The Archdiocese of Seattle remains committed to reporting child sexual abuse, working with victim survivors towards healing and protecting all minors and vulnerable people. Our policies already require priests to be mandatory reporters, but not if this information is obtained during confession,” Archbishop Etienne said.
The First Amendment of the US Constitution states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”
In a statement, the US Justice Department said the law “appears on its face to violate the First Amendment.”
“Washington State’s new law adds ‘members of the clergy’ to a list of other professionals who are required to report information received in a confessional setting relating to child abuse or neglect to law enforcement or other state authorities, with no exception for the absolute seal of confidentiality that applies to Catholic Priests,” the statement says.
It said the Civil Rights Division will investigate the apparent conflict between Washington State’s new law and the free exercise of religion under the First Amendment, which it called “a cornerstone of the United States Constitution”.
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