Washington Catholic Bishops Sue Over Law Requiring Confessional Abuse Reporting

Washington, 31 May, 2025 - Catholic bishops in Washington state have filed a lawsuit challenging a new law that requires priests to report child abuse learned during the sacrament of confession, or face jail time and fines.

The Archdiocese of Seattle and the dioceses of Spokane and Yakima filed the suit on Thursday, arguing that the law violates the free exercise of religion protected by the First Amendment by infringing on the sacred seal of confession. The suit also claims the law breaches the equal protection clause of the 14th Amendment and the Washington Constitution.

Signed into law by Governor Bob Ferguson on 2 May, the measure takes effect on 27 July. It adds clergy to Washington’s list of mandatory reporters for child abuse but explicitly excludes them from the “privileged communication” exemption granted to professionals such as nurses and therapists.

Under the new law, priests who fail to report abuse learned in confession could face up to 364 days in jail and a $5,000 fine. Ferguson, a Catholic, defended the law earlier this month, calling it “important legislation” to protect children and stating he is “very familiar” with confession.

In their federal district court filing, the bishops stressed the Catholic Church’s dedication to child protection while defending the inviolability of the confessional seal.

“Consistent with the Roman Catholic Church’s efforts to eradicate the societal scourge of child abuse, the Roman Catholic Archdiocese of Seattle and the dioceses of Yakima and Spokane have each adopted and implemented within their respective dioceses policies that go further in the protection of children than the current requirements of Washington law on reporting child abuse and neglect,” the lawsuit states.

The policies mandate reporting suspected abuse by Church personnel, including clergy, except when the information is learned solely in confession, which the Church holds as protected by “more than 2,000 years of Church doctrine.”

Spokane Bishop Thomas Daly has vowed that clergy will not break the seal of confession, even if it results in imprisonment. “The sacrament of penance is sacred and will remain that way in the Diocese of Spokane,” he said.

Seattle Archbishop Paul D. Etienne cited canon law and St. Peter’s words in Acts 5:29 — “We must obey God rather than men” — in support of the Church’s position.

The Washington State Catholic Conference affirmed its commitment to child safety while urging Catholics to trust that “their confessions remain sacred, secure, confidential, and protected by the law of the Church.”

The U.S. Department of Justice, under President Donald Trump, launched an investigation into the law on 6 May, describing it as an “anti-Catholic” measure. U.S. Assistant Attorney General Harmeet Dhillon called it a “legislative attack on the Catholic Church and its sacrament of confession,” arguing it singles out clergy.

The Becket Fund for Religious Liberty, the First Liberty Institute, and WilmerHale law firm are representing the bishops.

Source : CNA News