CNA Newsroom, Jul 4, 2025 / 15:29 pm (CNA).
Bishop Robert Barron on July 4 urged a federal court to strike down a Washington state law that would force priests to violate the seal of confession, telling the court that the law is “manifestly” disrespectful of the ancient and vital Church practice.
Barron, the bishop of Winona-Rochester and a member of the White House Religious Liberty Commission, made the argument in a proposed amicus brief filed in U.S. district court in Washington State.
The filing comes on behalf of the bishops of Washington State, who in May of this year sued the state government over its new mandatory reporting law that requires priests to report child abuse learned during the sacrament of confession or face jail time and fines.
The law has drawn criticism from religious liberty advocates who say it unjustly targets Catholics. The Department of Justice and a coalition of Orthodox churches have also sued the state government over the rule.
The Confraternity of Catholic Clergy, representing over 500 Roman Catholic priests and deacons from the U.S., Australia, and the United Kingdom, last month issued a statement defending the inviolability of the seal of confession, arguing against laws like Washington State’s and pointing out that child protection “can be lawfully and morally done without violating religious liberty.”
Barron’s brief stressed to the court what it described as the “oft-misunderstood theological underpinnings of the seal of Confession.”
“Few religious practices are more misunderstood than the sacred seal of Confession in the Catholic Church,” the bishop wrote in the document.
Since Catholics believe that penitents who seek the sacrament of confession are “speaking to and hearing from the Lord himself” via the priest, then “absolutely nothing ought to stand in the way of a sinner who seeks this font of grace,” Barron wrote.
“If a penitent is aware the priest might (let alone must) share with others what was given in the most sacred confidence, he or she would be reluctant indeed to ever approach Confession,” he said.
The bishop argued that the state law is “manifestly premised on a disrespect for the confessional seal,” in part because it explicitly exempts clergy from an otherwise-broad exception for privileged communications.
The law violates longstanding precedent on religious freedom, the bishop wrote, as well as established legal rules regarding religious neutrality.
Barron urged the court to grant an injunction against the law barring it from being enforced. The law is scheduled to take effect July 27.
A hearing for the lawsuit is scheduled for July 14.
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This is discusting. Mandatory reporting of abuse would have saved many children. The practice of Confession is not an original tenet of the church. Human life is more important then ANY church doctrine.
This is why many of us are leaving the Catholic church and religion altogether.
Miss Sherry do you believe that someone would confess those crimes to a priest knowing they would be reported to law enforcement?
The fact is that the Constitution guarantees the free practice of religion just as it guarantees the right of a fair trial. This isn’t a religious issue. It’s constitutional. If you can confess your crimes to your lawyer without fear of those facts being revealed then you can do the same in the confessional. This is your right. Other people aren’t protected because for them it isn’t a constitutional issue.
Also, I wasn’t aware that you were capable of reading the minds of all Catholics in order to determine the reasons why they are leaving the Church. Perhaps you took a poll? It’s my opinion that neither apply. You’re just guessing.
To Sherry Speer: Let us take this apart a little and see how this law will protect no one. The seal of the confessional assures every penitent that his admission of sin to God and his plea for forgiveness from God will remain between the penitent and God. That promise encourages each of us to receive that grace needed to receive the Body and Blood of Christ in Communion with His Church (the Mystical Body of Christ) on earth. That is why priests are bound to keep that seal under penalty of excommunication. If this law takes affect two things likely would result. People will fear going to confession and thereby put their own souls in jeopardy fearing that if the State can do this for child abuse it can start listing virtually all crimes. That is a crime against everyone’s right to practice their faith.
Now consider a child abuser who legitimately is remorseful for his sins and first seeks spiritual counsel in the Confessional where by the priest can give serious counsel to the penitent and even withhold absolution (which is not guaranteed anyway if one is not repentant at all) until the penitent promises to report himself (or herself) to the authorities to make amends. Knowing that possibility the penitent might never go to confession at all. If he does go he might seek the anonymity in the confessional where the voices are muffled and the penitent cannot be seen. If the priest does not know the penitent he cannot report anything but he can still do hid best to press the penitent to confess to proper authorities.
Now, if the priest does know the identity of the penitent and chooses obedience to his priestly vow he risks going to prison himself. Remember, that this scenario can easily be staged as a trap by secular authorities who would tape a fake confession just to see what the priest will do with info. That risks losing a priest to prison. If the priest breaks the seal and reports what he was told to the authorities he breaks his solemn vow as a priest and risks excommunication or at least his priestly orders. Either way we would all be losing priests. That is the ultimate aim of Satan who remains ever so active in our world. Cunning, baffling and powerful he is. The law will serve no one but the Devil himself. And remember that if this comes about it will be the beginning of the end for ALL people of any faith as the government will be free to ursurp the God given rights to all of us to follow our faith as God leads us even if we don’t believe in God.
One last issue that you raise that I am sad does not get more attention than it deserves. Bearing in mind again the Church is the Mystical Body of Christ on earth. We are members of that Body thru our Baptism in Christ though we be all sinners in search of need of forgiveness. While child abuse and the horrific abuse by many against others remain tragic crimes against humanity they are ultimately sins against the very Body of our Lord Jesus Christ. We should be upset and appalled by those horrific sins but leaving the Church because of them is abandoning the victim who is Christ. Again, I am not saying that lawmakers are demonic but I am say we all are at risk for falling into the play of Satan war against God. Please pray for our Holy Catholic Church and all who suffer and sin in it.