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US Court Blocks Washington Law Forcing Priests to Break Seal of Confession

Washington, July 19, 2025: A federal court on 18 July blocked a Washington state law that would have required Catholic priests to report child abuse even if disclosed in confession, siding with the state’s Catholic bishops who filed a lawsuit against the measure earlier this year.


The law, signed by Governor Robert Ferguson, added clergy to the list of mandatory reporters of abuse. Unlike other professionals, however, it did not exempt confessions, removing priests from the “privileged communication” protections granted to doctors, lawyers, and others.


District Judge David Estudillo ruled that the law placed a clear burden on religious freedom. “In situations where [priests] hear confessions related to child abuse or neglect, [the rule] places them in the position of either complying with the requirements of their faith or violating the law,” he wrote.


The judge noted that the amendment “modifies existing law solely to make members of the clergy mandatory reporters,” and was “neither neutral nor generally applicable,” as it treated religious activity “less favourably than comparable secular activity.”


He pointed out that Washington could have made clergy mandatory reporters while still exempting confessions, as more than two dozen other U.S. states do. The court’s order now stops the law from being enforced.


The bishops sued Governor Ferguson, Attorney General Nicholas Brown, and over 30 prosecutors. On 15 July, most prosecutors filed a motion agreeing not to appeal the injunction or any final ruling, in exchange for being excused from further proceedings. Ferguson and Brown remain in the case.


The bishops argued that the law violated the First Amendment’s protection of religious freedom, as well as the Equal Protection Clause of the 14th Amendment and the state constitution.


Support for the lawsuit came from the U.S. Conference of Catholic Bishops, the U.S. Department of Justice, Orthodox churches, and Bishop Robert Barron, who told the court that a penitent “would be reluctant indeed to ever approach” the sacrament if they believed a priest “might (let alone must) share” their confession.


The Confraternity of Catholic Clergy also condemned the law, stating it targeted priests while preserving doctor/patient and attorney/client privilege.


Church leaders have affirmed that the seal of confession remains sacred, regardless of legal pressures.


Courtesy: Catholic News Agency


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