Commission member and former auxiliary bishop questions Washington law compelling priests to break confessional seal

A commission member who said he formerly served as an auxiliary bishop asked colleagues whether a Washington state law that would compel priests to break the seal of confession could survive judicial review, calling it an "outrageous violation" of religious freedom.

"Please tell me, not assure me, that this is not gonna survive a judicial review," the commissioner said, describing pressure from Catholic colleagues and recalling past legislative fights in California that did not advance after organized resistance.

Another participant with litigation experience agreed the statute appears to violate free exercise protections and said multiple legal challenges are already underway, including one the speaker helped file. "The very first case that I litigated was a case involving the priest penitent statute in Washington state," the attorney said, adding that Washington has pursued the privilege for years and similar laws often spread from one state to others.

The attorney urged the commission to consider an educational role: helping the public and legislators understand the purpose of the priest–penitent privilege and why religious communities view it as sacred. The speaker argued that when religious institutions do not speak up, legislators may enact laws they regard as overbroad, which can then be adopted by other states.

The discussion in the transcript did not record any formal motion, vote, or legal conclusion. Participants identified existing litigation but did not provide case names or specific statutory citations beyond references to "Washington state law" and the "priest penitent statute." The commission did not state any next procedural steps in the provided excerpts.