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| AP Photo/Ariel Schalit |
History, tradition, and the law all recognize the sanctity of the Roman Catholic sacrament of confession. The priest-penitent privilege in America dates to 1813 in a New York case, People v. Phillips, where a court refused to compel a priest to reveal what a man accused of stealing jewelry told him during confession.
It is essential to the free exercise of a religion, that its ordinances should be administered—that its ceremonies as well as its essentials should be protected. Secrecy is of the essence of penance. The sinner will not confess, nor will the priest receive his confession, if the veil of secrecy is removed: To decide that the minister shall promulgate what he receives in confession, is to declare that there shall be no penance...
That argument has stood the test of time—until today.
The state of Washington, after a three-year debate, finally passed a statute that would compel a Catholic priest to reveal what a sinner told him in the privacy of the confessional or face the prospect of going to prison.
The law requires priests to report child abuse even if the information is obtained during the administration of the sacrament. The bill "adds clergy to Washington’s list of mandatory reporters for child abuse but explicitly denies them the 'privileged communication' exemption granted to other professionals, such as nurses and therapists," reports The National Catholic Register.
Before the ink was dry on Gov. Bob Ferguson's signature, the Catholic bishops of Washington state filed a lawsuit Thursday challenging the law.
“Consistent with the Roman Catholic Church’s efforts to eradicate the societal scourge of child abuse, the Roman Catholic Archdiocese of Seattle and the dioceses of Yakima and Spokane have each adopted and implemented within their respective dioceses policies that go further in the protection of children than the current requirements of Washington law on reporting child abuse and neglect,” the lawsuit states. The policies mandate "reporting suspected abuse by Church personnel, including clergy, except when information is learned solely in confession, which is protected by 'more than 2,000 years of Church doctrine,'" the suit states. --->READ MORE HERE
The Catholic Church has vowed to excommunicate any priest who follows a new Washington state law requiring clergy to report information about child abuse to law enforcement — even if given in the privacy of the confession booth.
Priests in the Evergreen State had enjoyed something similar to attorney-client privilege when hearing confessions, but the new law — which Democratic Gov. Bob Ferguson signed on Friday — revokes that protection for discussions of child abuse or neglect.
Catholics have vowed to put church above state.
“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,” the Archdiocese of Seattle said in a statement.
“Catholic clergy may not violate the seal of confession — or they will be excommunicated fromthe Church,” it added.
The Department of Justice is investigating the law for possible violations of religious freedom under the First Amendment. --->READ MORE HERE
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