A new Washington state law requires priests to report child abuse disclosed in confession, triggering a federal investigation and a landmark lawsuit over religious freedom.
At a Glance
- Washington law removes clergy exemption from mandatory child abuse reporting.
- Catholic bishops sued, claiming the law violates First Amendment rights.
- Senate Bill 5375 imposes criminal penalties on priests who preserve confessional secrecy.
- The Becket Fund filed suit on behalf of the Church in federal court.
- The Trump Justice Department launched an investigation into the law’s constitutionality.
Confession vs. the Constitution
In a move generating intense legal and theological backlash, Washington state enacted Senate Bill 5375, stripping clergy of exemption from mandatory reporting laws—even during sacramental confession. The legislation, signed by Governor Bob Ferguson, mandates that priests report suspected child abuse under threat of imprisonment, regardless of where or how the information is received.
This puts Catholic clergy in a constitutional crossfire: break sacred vows of confidentiality or face jail time. The Washington State Catholic Conference responded by filing a lawsuit, Etienne v. Ferguson, claiming the law infringes upon religious freedom and violates the First and Fourteenth Amendments.
Watch a report: Washington bishops sue over confession law.
A Crisis of Conscience
At the heart of the legal fight is a centuries-old Catholic doctrine: the inviolable seal of confession. Under canon law, any priest who reveals what’s said during confession is automatically excommunicated. Yet Washington’s law demands that clergy do precisely that, prompting Becket Law to call the statute “a tool of surveillance” inside places of worship.
Most U.S. states balance child protection with religious liberty, allowing exceptions for confessional confidentiality. Washington’s law is one of the first to explicitly eliminate that safeguard, raising alarms among constitutional scholars. “It’s hard to imagine a more brazen attack on faith,” said Becket president Mark Rienzi.
Governor Ferguson, a practicing Catholic, defended the measure, stating: “I felt this was important legislation for protecting kids.” But critics argue the law may discourage abusers from seeking counsel or repentance—potentially making abuse harder to detect.
Legal and Political Fallout
The law’s narrow scope and heavy focus on Catholic sacramental practices have drawn accusations of religious targeting. While reportedly inspired by abuse cover-ups in non-Catholic denominations, the statute’s enforcement uniquely pressures Catholic clergy. In response, the Trump administration’s Justice Department launched a civil rights probe, citing “anti-Catholic bias.”
Supporters of the bill argue it closes dangerous loopholes and prioritizes child welfare. Detractors see it as a litmus test for how far government can intrude on religious ritual. With courts now weighing constitutional stakes, this case could set national precedent on where the line is drawn between public safety and protected faith.
