Judge Blocks Blue State Law Forcing Catholic Priests to Report Abuse

A federal judge has temporarily blocked a new Washington state law that would have required Catholic priests to report child abuse, even when the information is disclosed during confession.

U.S. District Chief Judge David G. Estudillo issued the ruling Friday in Tacoma, halting enforcement of Senate Bill 5375. The law, signed by Washington Gov. Bob Ferguson (D) in May, was scheduled to take effect July 27.

The legislation threatened clergy with up to 364 days in jail and a $5,000 fine for failing to report child abuse or neglect, even if the disclosure occurred during a sacramental confession.

In a 25-page order, Estudillo found that the law likely violated the First Amendment’s guarantee of the free exercise of religion. He noted that Washington could have pursued its goal of protecting children through less restrictive means.

“The State arguably could have chosen a less restrictive means of advancing its interest… by adding members of the clergy to the list of mandated reporters while also permitting a narrow exception for the confessional,” Estudillo wrote. He pointed out that around 25 other states already provide such exemptions.

The Catholic Church considers confession one of its most sacred rites.

Priests are strictly bound by canon law to maintain the confidentiality of confessions, under penalty of excommunication, per the New York Post.

“This ruling confirms what has always been true: In America, government officials have no business prying into the confessional,” said Mark Rienzi, president and CEO of Becket, the religious liberty legal group representing the Archdiocese of Seattle.

Rienzi added that by protecting the seal of confession, the court upheld a broader principle that allows people of all faiths to practice their religion without government interference.

CatholicVote President Kelsey Reinhardt echoed the sentiment. “In a nation where anti-Catholic bigotry is on the rise, this ruling is a hopeful reminder: no American should face criminal penalties for living out their faith,” she said.

The lawsuit challenging the law was filed on May 29 by Archbishop Paul D. Etienne, Bishop Joseph J. Tyson, and Bishop Thomas A. Daly. They were represented by Becket, the First Liberty Institute, and WilmerHale.

On June 23, the Civil Rights Division of the U.S. Department of Justice moved to intervene in the case in support of the plaintiffs. The DOJ expressed concern over laws that directly target religious practices.

“Laws that explicitly target religious practices such as the Sacrament of Confession… have no place in our society,” said Assistant Attorney General Harmeet Dhillon. “The Justice Department will not sit idly by when States mount attacks on the free exercise of religion.”

Ferguson criticized the DOJ’s decision to support the Church’s position. In a statement to local outlet KIRO 7, he said, “We look forward to protecting Washington kids from sexual abuse in the face of this ‘investigation’ from the Trump administration.”

The judge’s order prevents SB 5375 from taking effect while the case proceeds. A final decision on the law’s constitutionality will be issued at a later date.

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