DOJ Fights to Shield Priests in Confession Abuse Cases

Written by Thomas Bennett.

The U.S. Department of Justice (DOJ) has initiated a legal challenge against the state of Washington to protect the Catholic Church’s practice of maintaining confidentiality during the sacrament of confession, even in cases involving child abuse. This controversial lawsuit, filed by the DOJ’s Civil Rights Division, seeks to block a new state law that mandates clergy to report suspected child abuse or neglect, arguing that it infringes on constitutional protections for religious freedom. The case raises complex questions about the balance between protecting vulnerable children and preserving religious liberties, a tension that has sparked debate among legal scholars, child welfare advocates, and religious communities.

Washington’s Mandatory Reporting Law and Its Implications

In July 2025, Washington’s Senate Bill 5375 (SB 5375) is set to take effect, requiring clergy members to report any reasonable suspicion of child abuse or neglect to law enforcement or state authorities. This law aligns with existing mandates for other professionals, such as teachers, healthcare workers, and social workers, who are obligated to report such concerns. However, SB 5375 uniquely impacts Catholic priests, who are bound by canon law to uphold the seal of confession—a sacred obligation that prohibits disclosing information shared during the sacrament, under penalty of excommunication.

The DOJ’s lawsuit, filed in the U.S. District Court for the Western District of Washington, contends that SB 5375 violates the First and Fourteenth Amendments by compelling priests to breach their religious duties. The filing emphasizes that the law explicitly targets the confidentiality of the confessional, stripping priests of legal protections, such as the priest-penitent privilege, that are recognized in Washington and other states. Failure to comply with the reporting requirement could expose priests to criminal penalties or civil lawsuits, creating a direct conflict between state law and religious doctrine.

The DOJ clarifies that it does not oppose clergy being included as mandatory reporters in general. Instead, its challenge focuses narrowly on the requirement to disclose information obtained solely through confession, which it argues constitutes an unconstitutional burden on the free exercise of religion.

Legal and Religious Context of the Seal of Confession

The seal of confession is a cornerstone of Catholic sacramental practice, rooted in centuries-old canon law. It ensures that penitents can confess sins, including grave offenses, with absolute assurance of confidentiality. Breaking this seal is considered a severe violation, punishable by automatic excommunication, a penalty that severs a priest from the church’s sacraments and community. This religious obligation places Catholic priests in a unique position compared to other mandatory reporters, whose professional confidentiality obligations may be overridden by state law.

Washington’s law is not the first to challenge the seal of confession. Similar debates have emerged in states like California and Louisiana, where proposed legislation sought to require clergy to report abuse disclosed in confession. In California, a 2019 bill targeting the priest-penitent privilege was ultimately withdrawn after significant opposition from religious groups. Data from the National Conference of State Legislatures indicates that at least 30 states recognize some form of clergy-penitent privilege, but exemptions for mandatory reporting vary, creating a patchwork of legal standards nationwide.

The DOJ’s intervention reflects a broader effort to protect religious liberties, a priority for the Civil Rights Division under recent administrations. Assistant Attorney General Harmeet Dhillon, in a public statement, condemned SB 5375 as an attack on religious practices, arguing that it unfairly singles out the Catholic Church while disregarding established legal privileges for other confidential communications, such as those between attorneys and clients or doctors and patients.

Balancing Child Protection and Religious Freedom

Child welfare advocates argue that mandatory reporting laws like SB 5375 are critical for protecting vulnerable children from abuse. According to the U.S. Department of Health and Human Services, approximately 600,000 children are victims of abuse or neglect annually, with many cases going unreported. Clergy, who often serve as trusted confidants, may be uniquely positioned to identify and report abuse, particularly in communities where religious institutions play a central role. Supporters of the Washington law contend that exempting confessions from reporting requirements creates a loophole that could allow perpetrators to evade accountability.

Conversely, religious organizations, including the Catholic Church, assert that the seal of confession is non-negotiable and essential to the spiritual mission of the church. The Archdiocese of Seattle, in response to SB 5375, issued a statement emphasizing that the sacrament of confession is a sacred encounter between a penitent and God, facilitated by the priest, and that breaching its confidentiality would undermine trust in the church’s pastoral role. The DOJ’s lawsuit aligns with this perspective, arguing that forcing priests to choose between excommunication and criminal prosecution constitutes an impermissible state interference in religious practice.

The tension between these competing interests is not new. Historical cases, such as the 1990s clergy abuse scandals, exposed instances where the Catholic Church’s handling of abuse allegations—sometimes shielded by confidentiality practices—enabled further harm. While the church has since implemented reforms, including mandatory background checks and abuse prevention training, critics argue that protecting the seal of confession perpetuates a culture of secrecy. The DOJ’s position, however, frames the issue as one of constitutional principle, prioritizing religious freedom over state mandates.

Our Take

The DOJ’s lawsuit against Washington’s mandatory reporting law underscores a profound dilemma: how to safeguard children from abuse while respecting deeply held religious beliefs. The seal of confession, while sacred to Catholics, complicates efforts to ensure accountability in cases of child harm, particularly when perpetrators may exploit the sacrament’s confidentiality. Washington’s attempt to close this gap through SB 5375 is understandable, given the state’s responsibility to protect its most vulnerable citizens. However, the law’s direct challenge to a core religious practice raises legitimate concerns about overreach and the erosion of First Amendment protections.

A nuanced resolution is needed—one that strengthens child protection without trampling on constitutional rights. Policymakers could explore alternative measures, such as requiring clergy to report abuse disclosed outside of confession or incentivizing voluntary reporting through training and collaboration with religious institutions. The courts must carefully weigh the state’s compelling interest in child welfare against the individual’s right to free exercise of religion. This case, likely to set a precedent, demands a delicate balance that honors both the safety of children and the sanctity of religious practice. Ultimately, fostering dialogue between state authorities and religious leaders may yield solutions that mitigate harm without resorting to legal confrontations.