A Contrast of Two Laws
“Let the priest absolutely beware that he does not by word or sign or by any manner whatever in any way betray the sinner…. For in the tribunal whoever shall dare to reveal a sin disclosed to him of penance we decree that he shall be not only deposed from the priestly office but that he shall also be sent into the confinement of a monastery to do perpetual penance.”
That quotation was composed in 1215 as Canon 21 of the Fourth Lateran Council. The translation is from The Catholic Encyclopedia.1 Compare it with the following language from a law recently signed by the Governor of the State of Washington, Bob Ferguson, after passing the State Senate 28-20 and the State House 64-31.
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“When any member of the clergy… has reasonable cause to believe that a child has suffered abuse or neglect, he or she shall report such incident, or cause a report to be made, to the proper law enforcement agency….”
Unreasonable Action
There is no question that hearing such information during the Sacrament of Penance constitutes, in the mind of the State, “reasonable cause.”
When he signed the bill, Governor Ferguson, who professes a Catholic faith, made his position very plain. “Protecting our kids, first, is the most important thing. This bill protects Washingtonians from abuse and harm.” He then attempted a weak defense. “My uncle was a Jesuit priest for many years, (I’ve) been to confession myself—and so I’m very familiar with that. I felt this was important legislation and protecting kids is first priority.” The bill’s primary sponsor, Senator Noel Frame, echoed those words. “You never put somebody’s conscience above the protection of a child.”
The Bishops Speak Clearly
In response, the Archbishop of Seattle, The Most Reverend Paul D. Etienne, struck a note of assurance for the people of Washington. He related his agreement with the goal of preventing child abuse and listed the steps that the Archdiocese has taken to fight it.
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However, the Archbishop also clarified the Church’s ancient position in light of the State’s onslaught on the Church. “[T]he State of Washington is specifically targeting religious conduct by inserting the government into the Catholic tradition, namely, the highly defined ritual of the Sacrament of Reconciliation.”
The Archbishop then concluded, “Once the State asserts the right to dictate religious practices and coerce information obtained within this sacrament – privileged communication – where is the line drawn between Church and State? What else may the State now demand the right to know? Which other religious practices will it try to legislate? Why is this privileged communication between priest/penitent the only one singled out? Why not attorney/client? Doctor/patient? Spouses?”
Bishop Thomas Daly of Spokane spoke even more plainly than his associate.
“I want to assure you that your shepherds, bishop and priests, are committed to keeping the seal of confession—even to the point of going to jail. The Sacrament of Penance is sacred and will remain that way in the Diocese of Spokane.”
The True Relationship Between Church and State
This struggle goes far beyond protecting children, but has massive consequences for the relationship between Church and State.
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Both Church and State are considered to be “perfect societies.” That does not mean that either can create that impossible condition often called utopia. It means that each one has as its end the good of men, which is full and supreme in its order, and possesses the sufficient means, either in reality or by right, for obtaining its end. The State has powers based upon natural law and is responsible for temporal happiness. On the other hand, the Church derives its powers from Christ and is responsible for eternal happiness. In an ideal world, both would work together while each understands that the other has powers and responsibilities that it does not.
The new Washington state law would blur this relationship in many ways. First, it would limit the Church’s power to absolve sin by giving the penitent a reason not to make a full and complete confession to the priest, who in this case acts as persona Christi. Second, it forces the Church to act as an investigative arm of the State, subordinating the Church’s power to the State’s interests.
Such subordination has been a goal of radicals ever since the Protestant Revolution of the sixteenth century. Through the generations, there have been many attempts to usurp the Church’s rightful God-given authority. Unfortunately, the State has often prevailed through its power of confiscation, imprisonment and, ultimately, execution. Therefore, the Church must always be watchful of such attempts. Resistance to the State in support of the Church’s prerogatives is often considered to be a sign of heroic virtue.
Restoring the Right Relationship
In that light, the American TFP solemnly protests the new law. Its petition to Governor Ferguson was as plain as the Governor’s words to the Church were feeble.
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“You may have noticed that state legislators are using the protection of our children as an excuse to attack the Church. But you and I see their game. We know the “Seal of Confession vs. safety of children” is a false dilemma.
“State legislators pretend to protect our children by pillaging our Church. They propose to save our children by stealing our confessional…, which is a way to harm you and me and every Catholic in America.”
The Petition
Signers of our petition have a clear message for the Governor.
“Since there is absolutely no evidence that reporting sins revealed to a priest in confession would protect children, the State has no need or right to break the Seal of Confession, a sacred sacrament of the Catholic Church.
“That is why I protest your passing of SB5375, which removes the priest-penitent privilege in the Sacrament of Confession. You cannot tamper with the Seal of Confession, nor can you make the Catholic Church a ward of the State. Repeal SB5375 immediately.”
Footnotes
- The Catholic Encyclopedia, “The Law of the Seal of Confession,” 1912. The Law of the Seal of Confession – Encyclopedia Volume – Catholic Encyclopedia – Catholic Online, Retrieved May 7, 2025.