A Victory For The First Amendment And Religious Freedom In Washington State
Washington Senate Bill 5375 has been voided.
Thomas More Society, a nonprofit law firm, claimed a victory "for religious freedom and church autonomy" after Washington state officials agreed to a permanent injunction against Washington’s Senate Bill 5375.
The statute would have eliminated the seal of the confessional, a.k.a. the clergy-penitent privilege, and thus would have forced priests to report confessional disclosures. The Thomas More Society had filed an amicus brief on behalf of Bishop Robert Barron in support of the challenge.
The agreed permanent injunction declares that SB 5375 violates the free exercise of religion protected by the First Amendment and affirms that the government may not compel clergy to violate sacred sacramental obligations and choose between going to jail or practicing their faith.
“This is a historic victory for religious liberty,” said Michael McHale, Senior Counsel at Thomas More Society, according to a news release. “Washington’s experiment in singling out the confessional seal for special opprobrium was unconstitutional from the start. Legislators who think they can target disfavored religious practices with impunity should take note: this law failed, and it failed decisively. We’re deeply grateful to Bishop Robert Barron for his steadfast leadership and moral clarity on this issue. His voice served as reminder that the seal of confession is not a policy choice, but a sacred duty rooted in centuries of faith and freedom.”
The injunction will protect the sacramental confidentiality fundamental to Catholics, declared the law firm, and "preserves the autonomy of the Church, and rebukes lawmakers who attempted to weaponize the criminal law to impose their ideology at the expense of religious freedom," according to the release.
“Washington’s politicians thought they could score political points by attacking the Church, and instead, they exposed their own religious bias and disregard for the Constitution,” McHale of the Thomas More Society said, adding: “The right to confess one’s sins in confidence is older than the Republic itself. It’s a cornerstone of religious liberty.”
The bill did not address the confidentiality of patients and doctors, or clients and attorneys.
Thomas More Society is calling on other state legislatures avoid similar legislation. In the release, the Thomas More Society declared, "If SB 5375 is a model, it is a failed one. Lawmakers who proceed down this path risk the same legal fate and the same rebuke for exhibiting religious bias and discrimination under the First Amendment."