The newly passed law in Washington state sends shockwaves through religious communities across the United States. Democrat Sen. Noel Flame, a survivor of childhood sexual abuse, led Senate Bill 5375, a law that removes the privilege of being a Catholic confession clergy and requires clergy to report alleged child abuse.
“I don’t think institutions or people should go beyond the law when it comes to protecting children,” Flame told NPR. She further argued that “Canon laws have changed many times and could change again.”
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The law, signed by Democratic Gov. Bob Ferguson earlier this month, comes into effect in late July. Clergy are not an exception to confessional privacy and must report alleged child abuse to law enforcement or to children, youth and family within 48 hours.
The Seattle Archdiocese responded with solid resistance. Archbishop Paul Etienne said, “If information is obtained during the sacrament of reconciliation, the priest will not be able to comply with this law.” He emphasized that Canon’s laws would make the seal of confessions “inviolate” and that priests who violate it risk excommunicating.
The Washington State Catholic Conference said it “supported the inclusion of clergy as forced reporters, but called for an amendment to maintain the seal of confession.”
But the battle is not over. On May 8th, the Justice Department began a legal civil rights investigation under the Trump administration. Attorney General Hermet K. Dillon said the law “forces priests to make choices between their faith and the law,” calling it a clear violation of constitutional protections. The DOJ claims it unfairly targets the law while maintaining privileged communication for lawyers and physicians.
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Why this precedent is dangerous
There is no debate about the evils of child abuse. It must be despicable and rooted in an unwavering resolve. But while abuse is dangerous, it is equally dangerous for the government to direct the doctrines and practices of the religious system. This law does exactly that.
It is not just a slippery slope that the Catholic Church requires centuries of doctrine to be changed for national compliance, but the foundation of landslides.
If governments assume the power of how faith works under the guise of protection, they can extend that same power to silence what is offensive.
Today I’m a confession. Tomorrow, it is the Bible. Then the name of Jesus.
This is not about politics. That’s about precedent. It doesn’t matter whether the law is written by a Democrat or a Republican.
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Governments often resort to noble causes such as protecting children, seizing new authority. And while justice must be provided to the victims, entrusting the state with spiritual surveillance will lead to tyranny.
If this law stands, it sets a frightening example for the nation. The protection of the constitution can be detoured with sufficient moral rage. However, religious freedom does not exist only in the popular parts. It exists to protect what culture crushes.
This is how the path to criminalizing the Bible looks like.
James Rusher is a staff writer for Charismatic Media.