United States: Governor of Washington signs law that forces priests to break the secret of confession

The governor of the state of Washington, Bob Ferguson, signed a controversial state law on Friday that requires priests to denounce child abuse to the authorities, even if they find out during the sacrament of confession.

The measure, presented in the state legislature earlier this year, adds the list of abuse complainants forced by the State, but does not include an exemption for the information obtained in the confessional.

A 2023 version of the proposal made an exemption for the accusations of abuse obtained “only as a result of a confession.” The most recent bill does not contain this exception and, in fact, explicitly points out that the clergy cannot accept an exemption for “privileged communication.”

Ferguson told the press that, as a Catholic, he was “very familiar” with the sacrament of confession. “I considered that this was an important legislation,” he said on Friday.

Meanwhile, the Bishop of Spokane, Mons. Thomas Daly, said that same day that the clergy would not break the secret of confession, even if the law demanded it.

“Pastors, bishop and priests” are “committed to maintaining the secret of confession, even to the point of going to jail,” the bishop recalled. “The sacrament of penance is sacred and will continue to be in the diocese of Spokane,” he added.

The bishop said that the Diocese of Spokane maintains “a complete department in the Foreign Ministry” dedicated to the protection of children and that applies a zero tolerance policy with respect to child sexual abuse.

“As this matter continues to develop, I intend to keep them informed and updated,” the bishop wrote. “An important element for the greatness of the United States is our constitutional commitment to religious freedom.”

A bill proposed in Montana earlier this year also proposed to “eliminate the exemption of the clergy in the mandatory denunciation of child abuse and negligence.” The clergy “may not refuse to submit a report as required … alleging a medical-patient or similar privilege,” established the Montana bill. This measure stagnated in the committee in January.

In May 2023, Delaware legislators proposed a bill that requires priests to break the secret of confession in cases of sexual abuse complaint. A similar law was proposed in Vermont at approximately at the same time. Both bills did not advance in their respective legislatures.

Translated and adapted by the ACI Press team. Originally published in CNA.