State lawmakers seek to amend SB 5280, removing the clergy-penitent privilege
SB 5280 is a bill requiring that clergy be mandatory reporters for child abuse and neglect. [The Catholic Diocese of Spokane already requires this], and the bishops of WA state continue to support clergy as mandatory reporters, at all times and in all places, except when the information has been obtained during the Sacrament of Reconciliation. SB 5280 passed the WA House of Representatives a couple of days ago, and, unfortunately, now includes an amendment that seeks to remove the clergy-penitent privilege. SB 5280 now goes back to the Senate for passage or not, so it is time to persuade Senators to vote against this amended bill. Along with the Washington State Catholic Conference (WSCC), I ask that you please email and call your senator today through the WSCC’s quick Action Alert here to make your voice known, stating that the clergy penitent privilege must be preserved and protected.
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Senate Bill 5280 (SB 5280) was amended and passed by the House on April 12. The amended version of SB 5280 will now be voted on by the Senate again soon. The Washington State Catholic Conference (WSCC) bishops support many aspects of the bill, including making priests mandatory reporters of child abuse or neglect. However, the bishops oppose the bill amendment that would make clergy mandatory reporters of information obtained solely inside the confessional. No evidence has been provided of instances where revealing information obtained during the sacrament of reconciliation would have prevented the reporting of child abuse or neglect.
To preserve the sacrament of reconciliation and religious liberty, we ask you to take two actions:
Call your state senator and urge your senator to hold the Senate’s position on SB 5280, reject the House amendment, and protect the clergy-penitent privilege. You can use the talking points below. Look up your district and senator and obtain contact info here.
Use our letter to send a message to your state senator and urge your senator to vote to hold the Senate position on SB 5280, reject the House amendment, and protect the clergy-penitent privilege. You are invited to edit your message.
Background:
The original version of Senate Bill 5280 (SB 5280) maintained the clergy-penitent privilege in the confessional while making clergy mandatory reporters of child abuse and neglect outside the confessional. The WSCC supported this bill. However, the current, amended version of SB 5280 would mandate clergy to report child abuse or neglect, even when information is obtained inside the confessional during the sacrament of reconciliation. It is already current practice in the Catholic church for priests to be mandatory reporters. The WSCC supports making clergy mandatory reporters outside the confessional. However, it is against Canon law to reveal information obtained inside the confessional. Priests who reveal information obtained in the confessional are excommunicated, prohibited from receiving sacraments, and prohibited from celebrating sacraments.
Bishop Frank Schuster testified in a House hearing to help legislators understand the sacrament of Reconciliation and the importance of maintaining the clergy-penitent privilege. Watch video of his testimony here.
Talking Points for A Conversation with Your State Senator:
Suggested talking points are in bold, accompanied by additional or supporting information.
Key message: Please hold the Senate position on Senate Bill 5280, reject the House amendment, and protect the clergy-penitent privilege.
The Bishops of Washington state acknowledge that wrongful acts of abuse of children have occurred under our watch. It is imperative that we continue to work so that needed healing and restoration from these offenses can be realized by these individuals.
The sacrament of reconciliation is an act of worship and part of our liturgy. This religious liberty must be protected. When a priest celebrates the sacrament of reconciliation, the priest is fulfilling the ministry of Jesus, the Good Shepherd, who seeks lost sheep. Jesus commanded his apostles and their successors to do so because the forgiveness of sins is necessary for salvation.
Preserving the seal of the confessional does not prevent a priest from promoting justice. In fact, confession is an opportunity to tell offenders to turn themselves in as a matter of restitution.
The Catholic Church has undertaken important reforms to become a leader in preventing the abuse of children. The US Catholic Church established the Charter for the Protection of Children and Young People in 2002, also known as the Dallas Charter. It is a comprehensive set of procedures for addressing allegations of sexual abuse of minors and includes provisions for accountability, prevention of future acts, healing, and reconciliation. An outside consulting firm also collects data and performs on-site audits of dioceses and parishes. Today our church continues to do all we can to ensure that our schools, parishes, and ministries are safe places for our children, their families, and everybody.
The U.S. Constitution protects the clergy-penitent privilege.
For over two hundred years, our judicial system has recognized that it would be unconstitutional for a state to intrude in a sacrament of the Catholic Church.
The United States Supreme Court has held that “suits cannot be maintained which would require a disclosure of the confidences of the confessional. . . .” Totten v. United States, 92 U.S. 105, 107 (1875).
The Ninth Circuit, which includes Washington state, recognizes that no state or federal court has ever approved government invasion of the sacrament of confession.
Removing the clergy-penitent privilege would be an unconstitutional violation of civil liberties.
It would violate the First Amendment’s Free Exercise clause because it would threaten priests with legal sanctions unless they violate their religious vows.
It would say that it’s good for lawyers to keep confessions secret for secular reasons, but it’s illegal for priests to keep confessions secret for religious reasons. That rule is unfair, it’s unjust, and it’s also unconstitutional.
Over history, priests have been martyred and imprisoned for refusing to break the seal of the confessional. For love of the faithful, priests will not break the seal of confession. People need a place to unburden their hearts. The sacrament of reconciliation gives priests the opportunity to counsel offenders to turn themselves in to receive redemption.
Please hold your position on Senate Bill 5280, reject the House amendment, and protect the clergy-penitent privilege. Thank you.
