(LifeSiteNews) — Washington legislators are pushing forward a law that would jail priests for nearly a year for refusing to break the seal of confession and automatically excommunicate themselves.
Senate Bill 5375 and House Bill 1211 in the state of Washington are “no exemption” bills that remove all protections for what priests hear in confession when it comes to abuse. State Senator Noel Frame, a Democrat, said the bill will not compel priests to testify but only to report abuse.
However, that is not written in the text of the law. Furthermore, a priest would presumably have to reveal the name of the person admitting to the abuse in the confessional in order to alert authorities to what child might be at risk.
Both bills passed out of their original committees last week. SB 5375 now heads to the rules committee in the state senate for a second vote. However, the legislation has yet to be scheduled for a vote in that committee. HB 1211 awaits further action as well.
The Senate Committee on Human Services voted to move the legislation forward after rejecting an amendment. The amended version would have reverted to last year’s version that was backed by the Washington State Catholic Conference (WSCC).
However, that version still would have opened the door to forcing priests to break the Seal of Confession by requiring them to report abuse in some cases. That version was backed last year by the WSCC; however, it did not have the support of Spokane Bishop Thomas Daly.
READ: Washington bill that would have forced priests to break the seal of confession is ‘dead’
As reported last year by LifeSiteNews, the WSCC and Sen. Frame, with whom it worked on the bill, had contradictory views on the legislation. Frame said she supported a modified bill because a bill without exemptions could not pass.
The WSCC, in contradiction, said it supported a modified bill with fewer protections for priests for fear that a law without any exemptions would pass.
Bishop Daly again opposed the legislation, this time in agreement with the WSCC.
“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 conservative prelate wrote to his faithful last week. “The Sacrament of Penance is sacred and will remain that way in the Diocese of Spokane.”
He reiterated all the other guidelines the diocese currently has in place to ensure the safety of children, referencing its “zero-tolerance policy regarding child sexual abuse.” He urged the faithful to ask their representatives to oppose the legislation.
Breaking the Seal of Confession is an excommunicable offense.
The Catechism of the Catholic Church states:
Given the delicacy and greatness of this ministry and the respect due to persons, the Church declares that every priest who hears confessions is bound under very severe penalties to keep absolute secrecy regarding the sins that his penitents have confessed to him. He can make no use of knowledge that confession gives him about penitents’ lives. This secret, which admits of no exceptions, is called the “sacramental seal,” because what the penitent has made known to the priest remains “sealed” by the sacrament.
Catholic senators split on the bill
The legislation has drawn opposing views from Catholics. Sen. Frame said she joined the Catholic Church as an adult but no longer practices and said she will not raise her child in the Church because of this issue of the Confessional. However, it is not clear she ever had a firm commitment to advancing the Catholic faith and morals in her public life as a legislator.
For example, she previously referred to “medical providers” who prescribe abortion drugs as people “just trying to do their jobs.” She also celebrated LGBT “Pride” and posted a photo of her child in rainbow colors, according to her public Instagram page.
Frame supports same-sex “marriage.” She also voted for Washington’s bill that allows social service providers to take gender-confused minors from their parents and help them get transgender drugs and surgeries.
Catholic Republican Senator Judy Warnick, a member of the Human Services Committee, criticized Frame’s bill for targeting priests. She also explained how confessions are usually “secret” (i.e. anonymous), and a priest is unlikely to know who confessed to him. She also defended the clergy for their care for children and their flock.
— Matt Lamb (@MattLamb22) February 10, 2025
“I just haven’t seen the evidence in this abuse factor,” Sen. Warnick said during last week’s committee.
“We’re asking a priest to be accountable for someone who comes to him for forgiveness,” Warnick said.
After explaining the secrecy of confession, Warnick explained that “the priest might not know who is talking to them. He can’t run out of the Confessional and out of 20 people sitting there figure out who confessed this sin.”
In response, Frame said the bill is mainly about helping the child. But a bishop had already explained to Frame that if a child mentioned abuse during a confession, a priest would be able to direct him or her to meet with him later for further help. However, Frame instead berated Bishop Frank Schuster during a hearing for opposing the bill.
— Matt Lamb (@MattLamb22) February 4, 2025
Legal expert calls bill ‘blatantly unconstitutional’
The legislation also drew criticism from well-respected legal scholar Jonathan Turley, a professor at George Washington University.
The left-leaning civil libertarian criticized Democrats for “adding a fifth stage for confessions under a new law” and called the bill “blatantly unconstitutional.”
“Putting aside the obvious violation of the sanctity of the confessional, it presents a novel problem for priests if they both encourage the faithful to unburden themselves while at the same time reminding them anything that they say can and will be used against them in a court of law,” he wrote on his personal commentary website.
“In my view, the law is facially unconstitutional as an attack on the free exercise of religion,” Professor Turley, who is Catholic, wrote. He also noted that Canon 983 forbids breaking the Seal of Confessional and explained how courts have traditionally protected religious practices.
He criticized other states, like Montana, for attempting similar legislation. As reported by LifeSiteNews, a bill from Senator Mary Ann Dunwell, who like Frame has stopped practicing her Catholic faith, died recently. Sen. Dunwell ignored religious freedom issues until there was public pushback and then amended the bill. However, that version still contained flaws.
“In my view, the Washington State law is a frontal attack on free exercise and would be struck down if enacted,” he concluded. “The only question is why Democrats consider such legislation to be any more viable politically than it is constitutionally.”
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