CNA Staff, Jul 18, 2025 / 12:30 pm (CNA).
A federal court on July 18 blocked a controversial Washington state reporting law that would require priests to violate the seal of confession, siding with the state’s Catholic bishops who brought suit against the measure earlier this year.
The law, passed by the state Legislature earlier this year and signed by Gov. Robert Ferguson, added clergy to the list of mandatory abuse reporters in the state. But it didn’t include an exemption for information learned in the confessional, explicitly leaving priests out of a “privileged communication” exception afforded to other professionals.
In the ruling, District Judge David Estudillo said there was “no question” that the law burdened the free exercise of religion.
“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,” the judge wrote.
Estudillo noted that the measure as passed “modifies existing law solely to make members of the clergy mandatory reporters with respect to child abuse or neglect.”
As written, the law is “neither neutral nor generally applicable” insofar as it “treats religious activity less favorably than comparable secular activity,” he said.
The state could have made clergy mandatory reporters while allowing a narrow exception for confession, Estudillo said, as more than two dozen other states already have.
The order bars the Washington state government from enforcing the law.
The ruling comes after the bishops sued Ferguson, state Attorney General Nicholas Brown, and more than three dozen prosecutors over the controversial reporting law.
On July 15 those prosecutors filed a motion in the court promising not to appeal the injunction against the law or any final judgment of the court in exchange for largely being excused from the ongoing legal proceedings. Ferguson and Brown are still subject to the suit.
The lawsuit argued that the law violated the free exercise of religion protected by the First Amendment by infringing on the sacred seal of confession as well as both the equal protection clause of the 14th Amendment and the state constitution.
The Washington bishops’ effort drew support from a broad variety of advocates, including the U.S. Conference of Catholic Bishops, the U.S. Department of Justice, a coalition of Orthodox churches, and Bishop Robert Barron of Winona-Rochester, Minnesota.
Barron earlier this month argued to the court that a penitent who is “aware the priest might (let alone must) share with others what was given in the most sacred confidence” of confession
“would be reluctant indeed to ever approach” the sacrament.
The Department of Justice, meanwhile, said the law “appears to single out clergy as not entitled to assert applicable privileges, as compared to other reporting professionals,” including lawyers, doctors, and social service workers.
The law even drew international rebuke when the Confraternity of Catholic Clergy — which represents over 500 Roman Catholic priests and deacons from the U.S., Australia, and the United Kingdom — last month issued a statement criticizing the passage of laws “which attempt to compel ordained priests to disclose the identity and content of what a penitent has confessed.”
The group criticized governments for specifically targeting priests while at the same time “respect[ing] and uphold[ing] the institutions of attorney/client and doctor/patient privilege.”
Though the Washington bishops had mounted an aggressive challenge to the state law, Church leaders there assured the faithful that the seal of confession would remain inviolate regardless of any legal stipulations one way or the other.
“[S]hepherds, bishops, and priests” are “committed to keeping the seal of confession — even to the point of going to jail,” Spokane Bishop Thomas Daly said in May.
Church canon law dictates that a priest who directly violates the seal of confession is automatically excommunicated. Barron earlier this month told the court that “few religious practices are more misunderstood than the sacred seal of confession in the Catholic Church.”
Catholics believe that penitents who seek the sacrament of confession are “speaking to and hearing from the Lord himself” via the priest, the prelate wrote.
As a result, “absolutely nothing ought to stand in the way of a sinner who seeks this font of grace,” Barron said.
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