The United States Conference of Catholic Bishops filed an amicus curiae [friend of the court] brief in Etienne v. Ferguson, a lawsuit challenging the constitutionality of SB 5375, the Washington State law requiring violation of the Seal of Confession.
Newsroom (30/07/2025, Gaudium Press )The United States Conference of Catholic Bishops (USCCB) has filed an amicus curiae brief in the U.S. District Court for the Eastern District of Washington, supporting a motion for a preliminary injunction in Orthodox Church in America, et al. v. Robert W. Ferguson, et al. (Case No. 2:25-cv-00209-RLP). The brief, filed on July 23, 2025, argues that Washington State’s Senate Bill 5375 (SB 5375) violates constitutional protections for religious freedom by mandating clergy to report confessions involving child abuse or neglect, thereby threatening the inviolable sacramental seal of confession.
The USCCB, representing Catholic bishops nationwide, contends that SB 5375 infringes on the First and Fourteenth Amendments by undermining the Catholic Church’s autonomy and the free exercise of religion. The law places priests in an untenable position: comply and face automatic excommunication for breaking the sacramental seal, a core tenet of Catholic doctrine, or refuse and risk criminal penalties, including up to 364 days in jail or fines of $5,000 per violation.
The brief underscores the historical and theological significance of the sacramental seal, dating back to the Fourth Lateran Council in 1215 and codified in the 1983 Code of Canon Law. It cites the martyrdom of St. John Nepomucene, who died in the 14th century rather than disclose a confession, to illustrate the seal’s sacrosanct nature. The USCCB emphasizes that the seal ensures penitents’ trust in the confidentiality of confession, a sacrament instituted by Jesus Christ for the forgiveness of sins.
SB 5375, the brief argues, violates the church autonomy doctrine by interfering with bishops’ authority to regulate sacraments, particularly in determining who is suitable to hear confessions. Citing Supreme Court precedents like Our Lady of Guadalupe Sch. v. Morrissey-Berru (2020) and Kedroff v. St. Nicholas Cathedral (1952), the USCCB asserts that the law unconstitutionally imposes state control over internal church governance. Additionally, the brief contends that SB 5375 burdens religious practice by deterring Catholics from confessing due to fears of disclosure, a concern echoed in Ninth Circuit precedent Mockaitis v. Harcleroad (1997).
The USCCB highlights practical consequences, noting a 26% decline in U.S. priests from 2000 to 2024 and a consolidation of Washington parishes due to clergy shortages. SB 5375 could exacerbate these issues, particularly in rural areas, limiting access to sacraments like confession and the Eucharist. While acknowledging the Church’s commitment to combating child abuse—evidenced by its cooperation with civil authorities and policies like Vos Estis Lux Mundi—the USCCB argues that SB 5375’s approach is an unconstitutional overreach.
The brief, supported by attorneys from Albrecht Law LLC and Gibson, Dunn & Crutcher LLP, urges the court to declare SB 5375 unconstitutional and enjoin its enforcement, citing its profound threat to religious liberty for Catholics and other Christians in Washington.
The full brief may be read here https://www.usccb.org/resources/2025.07.23%20[160]%20Amicus%20Brief.pdf.
- Raju Hasmukh
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