A federal court has blocked a Washington state law that would have required clergy to report child abuse or neglect learned in confession, ending the traditional legal protection for the seal of confession. The law, Senate Bill 5375, was set to take effect July 27, 2025, but is now suspended by a preliminary injunction due to concerns over religious freedom and constitutional violations.
Senate Bill 5375, signed by Governor Bob Ferguson in May, mandated clergy to report suspected child abuse, even if the knowledge was gained through confession or other privileged communications. Unlike most U.S. states, Washington’s law did not allow a confession exception for clergy, although lawyers and other professionals still retained privileged communication exemptions. Penalties for noncompliance included up to 364 days in jail and a $5,000 fine.
Catholic bishops in Washington filed suit, joined by Orthodox, ecumenical, and religious liberty organizations, arguing that the law forced priests to choose between excommunication (for violating the sacramental seal) or committing a crime. The Department of Justice also intervened, stating the law “violates the free exercise of religion” and singles out clergy compared to other professionals.
On July 18, 2025, U.S. District Judge David G. Estudillo granted a preliminary injunction, noting the measure was “neither neutral nor generally applicable… and treats religious activity less favorably than comparable secular activity.” He remarked Washington could have chosen “a less restrictive approach,” similar to about half of states that include confession exemptions in clergy reporting laws.
Seattle Catholic Archbishop Paul Etienne and Spokane Catholic Bishop Thomas Daly declared that priests would “rather go to jail than break the seal of confession” and highlighted church policies that already require clergy to report suspected abuse except information learned in the confessional. Jean Hill of the Washington State Catholic Conference said the ruling “protects that sacred space and ensures that Washingtonians of all religious stripes can live out their beliefs in peace”.
The Episcopal Bishop of Spokane, the Rt. Rev. Gretchen Rehberg told Anglican.Ink the “words of the [Book of Common Prayer] are very clear: the secrecy of the confession is morally absolute for the confessor and must under no circumstances be broken. I see no wiggle room here.”
“What I think people miss,” Dr. Rehberg said” is that no absolution is necessary unless the penitent has ‘given evidence of due contrition’. This means the confessor can require someone to turn themselves in to the authorities prior to absolution.”
When the Episcopal Church learns of a “serious crime”, it “must never simply protect a cleric or pass the cleric on to another congregation. The priority must be to protect the most vulnerable,” she said.
In challenging the Washington bill, the DOJ argued: “This law violates the free exercise of religion for all Catholics, and requires Catholic priests to violate the confidentiality seal of Confession.”
However, child advocate groups argue that the exemption for confession enables secrecy and impedes justice for victims. Religious groups counter that forced breach of penitent-clergy privilege undermines the sacramental foundation and poses an existential threat to free exercise, not only to Catholics but to all sacramental traditions. As the federal case and public debate continue, prosecutors stating they will not enforce the law while litigation is underway, NCR online reported.