Lawmakers in Washington state are considering a proposal that would force clergy members to violate the confidentiality of the sacrament of confession if they hear about an incident of child abuse or neglect during that confession. 

The legislation is setting up a fight over First Amendment protections as Catholic organizations argue that not only would the law violate the “seal of confession,” but it would also put priests in a situation that would require they be excommunicated if they comply with the law. 

A Democratic state senator, Noel Frame, introduced the bill in January, marking the third time lawmakers have tried to pass legislation requiring clergy to report abuse. This is the first time Ms. Frame included language that would specifically require priests to violate the confidentiality of confession. 

In a statement, she said, “It’s been far too long that we’ve failed to close this loophole and provide the protections children need from abuse.

“I know this is a hard subject for many of my colleagues, especially those with deep religious views. I respect that. I also know far too many children have been victims of abuse — the Legislature has a duty to act. I think this is a proposal that can protect kids and get the votes to pass this year,” she added.

Previous attempts to pass such legislation did not require priests to break the “seal of confession.”  Ms. Frame, who is a childhood sexual abuse survivor, told the Seattle Times that she was driven to add the requirement after Washington’s attorney general, Bob Ferguson, announced an investigation into the Catholic Church’s handling of child sexual abuse allegations in the state. 

“Quite frankly, that made it hard for me to stomach any argument about religious freedom being more important than preventing the abuse, including sexual abuse, of children,” Ms. Frame said. 

Another advocate for the legislation and member of the Catholic Accountability project, Sharon Huling, told the Seattle Times, “If the state cannot regulate religions, you should not be able to provide religions with exemptions either.”

“To be clear, the only people who have to worry about the privacy of their confession are child rapists and abusers,” she added.

Thirty-three states explicitly exempt clergy from reporting such abuse if they learn about it in confession. Washington is one of five states that does not require clergy members to report child abuse that they learn about even outside of confession. The state does require other professions, such as teachers, registered nurses, and social service counselors, to report suspected incidents of child abuse to law enforcement or the Department of Children.

A mandatory reporter of abuse is required to report suspicions of abuse within a 48-hour window. If they do not, they could be charged with a misdemeanor and sentenced to 364 days in jail and a $5,000 fine. 

The attempt to pass the legislation without the exemption for confession is facing opposition from Catholic organizations.

In a statement, the Washington State Catholic Conference said that it is “supportive of making sure clergy report reasonable suspicions of abuse.”

“However, we do ask that the state respect our right to practice our religion and make an exemption for information received in the Sacrament of Confession,” the organization said. “Catholic priests cannot reveal what is said in the confessional. If they comply with the bill as it is written, the priest will be automatically excommunicated.”

The statement also suggested the First Amendment is supposed to prevent a law that requires “that a priest choose between compliance with the law or the loss of his lifelong vocation.”

Additionally, the conference said that the “most immediate indicators that a child is being abused” will be found “outside of the confessional” and that “what is required to ensure children are protected is adults well-trained to recognize the indicators. Not waiting until a confession which may not come until years later, if at all.”

During a state Senate hearing on the bill Tuesday, the Archdiocese of Seattle bishop, Frank Schuster, said, “Every priest is trained to be a mandatory reporter, every employee and volunteer are trained to be mandatory reporters, except the right of penance.”

“Why this one exception? The rite of penance, as the term rite indicates, is a liturgy. It’s an act of worship. It’s prayer for us. The seal of confession is essential to the rite because a penitent has the right to confess their sins without worrying their sins will become public. The penalty for breaking that seal is excommunication,” he said. 

Despite his opposition to the bill in its current form, he said, “We believe in the spirit of the bill and would be honored to be partners in reverting it so that it does not violate our constitutional freedom of religion.”

A similar bill has been filed in the state House.