The plaintiffs in the case — Archbishop Paul D. Etienne of Seattle, Bishop Joseph J. Tyson of Yakima, and Bishop Thomas A. Daly of Spokane — challenged the measure, with support from WilmerHale, Becket, and First Liberty Institute. Although I do not know of any, one might have hoped for an amicus brief from somebody in the LCMS. We also have a vested interest in the protection of the age old seal of the confessional. The bishops argued the statute infringed on First Amendment rights and treated clergy unequally by stripping their confidentiality protections while preserving them for other professions, such as attorneys and counselors. The blocked law would have imposed up to 364 days in jail, a $5,000 fine, and civil penalties on clergy found guilty of failing to report. While everyone knew the feds were concerned about this overreach, the mere fact that the measure passed, was signed by the governor, and had some popular support illustrates the state of affairs between church and society in America. It also illustrates how beholden churches are to those groups who have the funds and expertise to rise up against such violations of the religious freedom of Americans.
2 comments:
The Becket website (https://becketfund.org/?s=Etienne) has links to the various document in the case of Etienne et al. v Ferguson et al.
The July 18th Court Order (https://becketnewsite.s3.amazonaws.com/20250718112727/2025-07-18-227-Order-on-Motion-to-Preliminary-Injunction.pdf) states:
For the reasons discussed above, the Court finds Plaintiffs have met the necessary
requirements for a preliminary injunction. Accordingly, Plaintiffs’ motion (Dkt. No. 65) is GRANTED. Defendants are HEREBY ENJOINED from enforcing SB 5375 as to the Sacrament of Confession against the Plaintiffs in this action and all Roman Catholic priests in Washington who fall directly under the administration of Plaintiffs Etienne, Daly, and Tyson.
This order is somewhat surprising since the judge, David G. Estudillo, was appointed in 2022 by President Biden.(or his Autopen).
Since the “seal of the confessional” is not found, to my knowledge, in the Bible, it would seem that confidentiality should be measured and based on the seriousness of the sin being confessed. A truly repentant individual would be counseled to confess an egregious crime to the authorities. Should a priest or pastor feel he is not obligated to report a serial pedophile who is unable or unwilling to control his behavior, thereby endangering children by their silence? Should a bank robber or murderer be free to confess in order to assuage a guilty conscience…with no intention to change? Should a priest or pastor be compelled to report violent criminality? The Confessional becomes a mockery of justice if it becomes a safe space but not a means for sinners to confess and repent. Soli Deo Gloria
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