The State of Washington Has Created a Constitutional Crisis

"Father Logan is a Catholic priest, but he finds his faith put to the test when he is accused of the murder of a wealthy member of his parish. The real murderer was Otto, a poor German immigrant desperate for money, and Father Logan knows this because Otto confessed it to him. However, Father Logan is bound by the secrecy of the confessional and cannot share this evidence with the police, even if it means his own life."

 

This is the premise of the 1953 Hitchcock thriller, “I Confess”, starring Montgomery Clift. The premise of the story surrounds the long-held belief of Priest-Penitent privilege, otherwise known as the “Seal of Confession”.

The US Constitution, specifically the First Amendment, is often cited as the basis for protecting the Seal of of Confession. This privilege protects the confidentiality of communications between a priest and a penitent during the Sacrament of Penance. The First Amendment guarantees Freedom of Religion, and the protection of the seal of confession is seen as essential for the free exercise of that religion.

And the same holds true for Doctor-Patient confidentiality and Attorney-Client privilege.

Now, Washington State Democrat Governor Bob Ferguson signed on Friday a law which revokes that protection for discussions of child abuse or neglect. Immediately, the Archdiocese of Seattle put out a statement. And a warning.

“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 from the Church,” it added.

And it was immediately referred to the DOJ Civil Rights Division.

The Department of Justice is investigating the law for possible violations of religious freedom under the First Amendment. “SB 5375 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,” said Assistant Attorney General Harmeet K Dhillon of the Justice Department’s Civil Rights Division.

Governor Ferguson, however, is not backing down. “We look forward to protecting Washington kids from sexual abuse in the face of this ‘investigation’ from the Trump administration,” he told the media.

The Governor, and the State, understandably are trying to protect minors. But the problem here is that the State could, in theory, take the next step and make all crimes which are confessed under the Seal of Confession be required to be reported. Then, the Constitutionally guaranteed Freedom of Religion would no longer exist.

The Governor, who is Catholic, should have vetoed the legislation, which would then require the Members of the Legislature to be accountable for their anti-religious position to the voters in their attempt to override it. Instead, he gave them a pass.

Ultimately, this law will end up at the Supreme Court for a final determination. If Freedom of Religion is still held to mean anything, the law will be ruled Unconstitutional.

If not, then the entire First Amendment is meaningless. And this is the premise which guarantees the twenty-six Amendments which follow it.

The battle lines to preserve our religious liberty have been drawn.