In May, Washington’s Democratic Governor Bob Ferguson enacted a law requiring Catholic clergy to disclose confessions related to child abuse, with penalties of up to 364 days in prison or a $5,000 fine for non-compliance.
This move prompted Catholic bishops in Washington to challenge the legislation, scoring a significant win recently, bolstered by support from the Trump administration’s Justice Department.
Background
Senate Bill 5375 mandated everyone in a public oversight role within non-profit or for-profit entities to report any credible suspicion of child abuse or neglect to law enforcement or the Department of Children, Youth, and Families. This included many Democratic politicians, some of whom identified as Catholic.
As stated by U.S. District Judge David Estudillo in a ruling from July, “SB 5375 amends current law solely to impose reporting obligations on clergy concerning child abuse and neglect.” Yet, he noted that it doesn’t require similar reporting from other groups, like parents or caregivers.
Estudillo further highlighted that a related law implemented on July 27 exempts university lawyers from revealing child abuse information about their clients.
“The law exhibits bias when it proceeds in a way that disregards religious beliefs or limits practices based on their spiritual context,” emphasized Estudillo, arguing that clergy were specifically singled out.
This law not only discriminates but also risks compromising the sanctity of confessional settings, potentially leading to severe ecclesiastical consequences for priests.
The Catechism of the Catholic Church specifies that “Every priest who hears confessions is bound to maintain absolute confidentiality about the sins confessed” and “cannot utilize the knowledge gained through confession.” Canon Law reiterates the inviolability of this sacramental seal, stating that a cleric who directly violates it faces automatic excommunication.
In a complaint filed on May 18 by Archbishop Paul Etienne and bishops from Yakima and Spokane, the inviolability of the sacramental seal was reaffirmed. They stressed that breaching this seal leads to a penalty reserved for papal authority.
About a month after their lawsuit, the Justice Department intervened, arguing that SB 5375 infringes upon Catholic priests’ constitutional right to practice their religion freely, as protected by the First Amendment.
Victory
Recently, Washington state reached a settlement in the lawsuit, making permanent the preliminary injunction by Judge Estudillo that had blocked the law.
The federal court overseeing the case recognized the infringement on the religious freedoms of the Catholic bishops, declaring it a potential violation of the Establishment Clause and church autonomy doctrine.
“It was a wise choice for Washington to withdraw from this severe law and allow Catholic clergy to continue their vital service to the community. This is a notable win for religious freedom,” commented Mark Rienzi, president of the Beckett Fund for Religious Freedom, which acted as co-counsel in the case.
He added, “Priests should never have to choose between their sacred vows and imprisonment.” Gene Hill, executive director of the Washington State Catholic Conference, voiced similar sentiments, stating, “We can and must prioritize both preventing abuse and protecting the sacred seal of confession.” He pointed out that the Church was committed to both the goals of the law and ensuring minimal exemptions for sacramental protections.
The Washington State Catholic Conference noted that “Priests have historically faced imprisonment and even death for adhering to the seal of confession. Today’s penitents deserve the same assurance that their participation in this sacred sacrament will remain unimpeded by government actions.”
Attempts to contact Governor Ferguson’s office for a comment were made.
