Endangered Seal

(Image from ncronline)

The State of Washington wants Catholic priests to break the seal of the confessional: [bold added]

A new law, signed by Gov. Bob Ferguson in May, would require clergy to violate the confessional’s seal of confidentiality if they hear about potential child abuse. Failing to break the seal and report suspected abuse to authorities carries a penalty of up to 364 days in jail and a fine as high as $5,000.

Catholic clergy in the state sued, and U.S. District Judge David Estudillo of the Western District of Washington blocked the law with a preliminary injunction on July 18. Judge Estudillo ruled the law likely violates the First Amendment’s guarantee of free exercise of religion because it denies priests the confidentiality extended to other professions. The state has until Aug. 18 to appeal.

Confession is an essential practice of the Catholic faithful, who believe it reconciles a sinner with God. In the sacrament, the penitent admits wrongs and receives God’s forgiveness through the priest’s prayer of absolution. The seal of confession is so crucial to the Catholic faith that any priest who violates it is automatically excommunicated.

“For us, that’s a matter of spiritual life and death,” says Bishop Robert Barron, an American Catholic evangelist who filed an amicus brief in the case. The bishop says even “the slightest suspicion” that one’s confessed sins might be repeated elsewhere is an obstacle to the sacrament. Any law that might discourage a repentant sinner from seeking God’s forgiveness would hinder the free exercise of religion. Washington’s law is “the most egregious violation of religious liberty” in the U.S. right now, Bishop Barron said.

Child abuse is a heinous crime but is not so horrible that lawmakers want attorneys to break confidentiality with accused clients:

Washington lawmakers passed another bill this year exempting higher education attorneys from reporting abuse related to clients they represent. For these legislators, sins confessed to a priest don’t merit the confidentiality of what is said to an attorney. That “appears to be a textbook example” of targeting religious conduct, Judge Estudillo wrote.

Attorney-client privilege originated from English common law and does not derive from the Constitution, while confessional confidentiality is protected by the First Amendment ("Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof"). The latter would seem to have a stronger pedigree constitutionally, but your humble blogger is no lawyer.