Catholics fight government surveillance in confession after wins against abortion mandate, tax

Catholic physicians and social service workers won over the Trump administration and Supreme Court, respectively, last week against their compelled participation in emergency room abortions and a state unemployment compensation program that costs more than their own church’s.

Bishops hope to make it a trifecta against a Washington state law that violates the seal of confession, threatening priests with imprisonment and fines if they don’t report suspected child abuse or neglect when “penitents” confess, but not lawyers who learn the same from clients.

Diocesan leaders filed a motion for preliminary injunction Thursday against Democratic Gov. Bob Ferguson, Attorney General Nicholas Brown and county prosecutors in federal court in Tacoma to block SB 5375 at least 10 days before it takes effect July 27.

The Justice Department also quickly opened a civil rights investigation into the law as a prima facie First Amendment violation after Ferguson signed it, expanding the category of mandatory reporter to “member of the clergy,” defined as any regularly licensed, accredited or ordained minister, priest, rabbi, imam, elder, or similarly positioned religious or spiritual leader.

Denial of an injunction would likely fast-track the case to the 9th U.S. Circuit Court of Appeals and, if also rejected by the historically most liberal appeals court, to SCOTUS, which has rarely struggled to reach lopsided rulings upholding religious liberty.

The high court Thursday unanimously overturned the Wisconsin Supreme Court‘s ruling that found that a local Catholic Charities bureau’s work is primarily secular and hence it can’t get a religious exemption from paying into the state unemployment compensation system.

Justices unanimously ruled for Gerald Groff two years ago after the U.S. Postal Service threatened to fire the evangelical Christian for refusing to work Sundays under an Amazon delivery agreement, junking the “de minimis cost” standard that let employers easily deny religious exemptions but only appeared in a footnote in a 1977 ruling.

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