Washington state’s Catholic bishops filed a federal lawsuit May 29 challenging a new law that requires clergy to report child abuse or neglect—without exemptions for sacramental confession.
Newsroom (May 30, 2025, 09:55, Gaudium Press) The lawsuit, first reported by The Pillar, comes after Democratic Gov. Jay Inslee signed Senate Bill 5375 earlier in May, adding clergy to the state’s list of mandatory reporters. The law, which takes effect June 6, does not exempt confessions, putting priests at odds with the Church’s long-standing seal of confession.
Clergy-Penitent Privilege at Issue
While supporters argue the law closes a gap in abuse reporting, critics say it forces priests to choose between violating Church law—which mandates absolute secrecy in confession—or facing state penalties, including fines and jail time.
“It’s hard to imagine a more brazen attack on faith than state bureaucrats policing the sacrament of confession,” said Mark Rienzi, president of Becket, a religious liberty law firm representing the bishops. “Washington’s law isn’t about protecting kids—it’s about jailing priests for following the Church’s ancient faith practices.”
The lawsuit, filed in U.S. District Court for the Western District of Washington, argues the state is “targeting the Roman Catholic Church in a brazen act of religious discrimination” by not protecting confessional confidentiality while safeguarding other privileged communications.
Church’s Historical Stance
The Catholic Church considers the seal of confession inviolable, with priests facing automatic excommunication for breaking it. The lawsuit cites historical examples, including St. John Nepomucene, martyred in the 14th century for refusing to disclose a confession.
Washington’s bishops had supported an earlier version of the bill that included a confessional exception, but the final version removed it.
“Confession offers the faithful a confidential space to seek God’s mercy,” said Jean Hill, director of the Washington State Catholic Conference. “Any law that jeopardizes that trust risks discouraging repentance.”
Legal and Constitutional Concerns
The U.S. Department of Justice has signaled it may investigate the law over potential First Amendment violations.
Hiram Sasser of the First Liberty Institute, also representing the bishops, called the law “a brazen act of religious discrimination.”
“For centuries, Catholic priests have been willing to die rather than violate this sacred duty,” he said. “A few politicians in Washington state won’t break them. And the Constitution protects them.”
The governor’s office did not immediately respond to a request for comment.
Catechism of the Catholic Church
The Catechism of the Catholic Church states that priests are strictly forbidden from divulging what penitents tell them during confession and states that information a penitent divulges is under “seal.”
“Given the delicacy and greatness of this ministry and the respect due to persons, the Church declares that every priest who hears confessions is bound under very severe penalties to keep absolute secrecy regarding the sins that his penitents have confessed to him,” the catechism states.
Church’s Own Protocols
It added under their own internal policies, priests in each of the three dioceses in the state “who suspect based on what is disclosed during confession that the penitent is suffering from abuse or neglect, the penitent has engaged in abuse or neglect, or some third party has engaged in abuse or neglect, invite the penitent for counseling outside of the sacrament of confession.”
“And, should the priest learn information in that non-sacramental counselling providing reasonable cause to believe abuse or neglect has been committed, the priest is obligated to report that suspected abuse or neglect to proper law enforcement agencies or the department of children, youth, and families,” the lawsuit said. “The Church recognizes that even one credible allegation is too many and that there is more work to do. Yet evidence-based measurements of the Church’s response show that the Church’s efforts to combat abuse are working.”
- Raju Hasmukh with files from OSV News
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