Spokane and Seattle bishops say they won't comply with new mandatory reporting for child abuse if information obtained in confessions

Yahoo

08-05-2025

May 7—The Catholic bishops in Spokane and Seattle have told parishioners they will not fully comply with a new Washington law that requires clergy to report sexual abuse to police, similar to teachers, police officers and other professionals.
Catholic leaders say that priests who hear confessions are obligated to keep those confessions secret, but that they are supportive of the rule outside of the Catholic sacrament of confession.
The U.S. Department of Justice announced this week that it has opened an investigation into the law, alleging that it "appears on its face to violate the First Amendment."
In separate statements, Thomas Daly, bishop of Spokane, said "shepherds, bishops and priests, are committed to keeping the seal of confession — even to the point of going to jail," and Archbishop Paul Etienne of Seattle said those who break the seal of confession face excommunication from the church.
"All Catholics must know and be assured that their confessions remain sacred, secure, confidential, and protected by the law of the Church," Etienne wrote.
Gov. Bob Ferguson signed the law Friday that will take effect on July 27. Washington is one of five states that does not designate clergy as mandatory reporters, but most states exempt the sacrament of confession.
Under current state law, a variety of other professions that frequently interact with children, including police officers, nurses and school personnel, are required to report incidents of suspected abuse within 48 hours, with failure to do so considered a gross misdemeanor.
In a statement Monday, Assistant Attorney General Harmeet K. Dhillon said the law "demands that Catholic Priests violate their deeply held faith in order to obey the law, a violation of the Constitution and a breach of the free exercise of religion cannot stand under our Constitutional system of government."
In a statement Wednesday, Ferguson said, "We look forward to protecting Washington kids from sexual abuse in the face of this 'investigation' from the Trump Administration."
The legislation Ferguson signed does not include an exemption for the information learned during penitential communication, or communication between clergy and a congregation member, such as in the confession of sins. Daly said in a statement Friday that the "Sacrament of Penance is sacred and will remain that way in the Diocese of Spokane."
"For those legislators who question our commitment to the safety of your children, simply speak with any mom who volunteers with a parish youth group, any Catholic school teacher, any dad who coaches a parochial school basketball team or any priest, deacon or seminarian, and you will learn firsthand about our solid protocols and procedures," Daly wrote.
According to Daly, the Diocese of Spokane maintains a department called the Office of Child and Youth Protection and has a zero-tolerance policy for child sex abuse.
On Sunday, Etienne said the first reading from that day's Mass was from the Acts of the Apostles.
"After the apostles were arrested and thrown into jail for preaching the name of Jesus Christ, St. Peter responds to the Sanhedrin: 'We must obey God rather than men' (Acts 5:29)," Etienne wrote. "This is our stance now in the face of this new law."
In a statement, Etienne cited two chapters of Canon Law, which state in part that "The sacramental seal is inviolable" and that a "confessor who directly violates the sacramental seal incurs a latae sententiae (automatic) excommunication."
According to Etienne, current church policies already designate priests as mandatory reporters, unless the information is obtained during confession.
"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," Etienne wrote.
According to Etienne, the Washington State Catholic Conference staff discussed the proposal with legislators during the session. However, "efforts to collaborate on an amicable solution eventually failed this session, ushering this most extreme version of the bill to pass."
Once passed, the bishops of the state of Washington requested a meeting to discuss the legislation with Ferguson, who, according to Etienne, did not respond.
As he signed the bill into law on Friday, Ferguson said it "protects Washingtonians from abuse and harm."
A Catholic, Ferguson said his uncle served as a Jesuit priest "for many, many, many years here in the Pacific Northwest."
"I obviously have a personal perspective on this," Ferguson said. "But protecting our kids first is the most important thing."
Ferguson added that the need for the law was "very clear" and that it was "very important legislation."
Sen. Noel Frame, D-Seattle, the bill's sponsor, introduced similar legislation in both 2023 and 2024. In 2023, a proposal that did not contain an exemption for confidential penitential communication failed. The version proposed by Frame last year would have established a "duty to warn" for abuse disclosed in penitential communication, though that, too, failed.
Ahead of a vote in the Senate, Frame told lawmakers that the bill is about "checking on the child."
"This is about making sure we, the state, have the information we need to go make sure that kid is OK," Frame said. "What our mandatory reporter laws do is, it compels our Department of Children, Youth and Families or law enforcement to further investigate and substantiate that report, but in the meantime, make sure that child is safe."