BY Benjamin ClarkMay 19, 2025
7 months ago
BY 
 | May 19, 2025
7 months ago

Washington's child abuse law ends confession protections

Washington state has become a flashpoint in the national debate over church confidentiality and mandatory reporting of child abuse with the passage of a new law removing protections for confessional secrecy.

Senate Bill 5375, signed into law earlier this month, requires all clergy to report suspected child abuse or neglect—even if disclosed during a Catholic confession—prompting sharp criticism and legal pushback from the Catholic Church and federal leaders, the Christian Post reported.

Gov. Bob Ferguson, a Democrat and practicing Catholic, signed the legislation into law in early May 2025. The bill passed in both chambers of the Democrat-controlled Legislature, winning approval by a vote of 28–20 in the Senate and 64–31 in the House.

Confessional Seal Targeted in New Law

The new law eliminates the clergy-penitent privilege previously enshrined in Washington law, specifically affecting information shared during the Sacrament of Reconciliation, a sacred Catholic rite. Without the exemption, all clergy, including Catholic priests, are now required to report any suspected abuse to law enforcement or state child welfare agencies within 48 hours.

The measure was championed by Democratic State Sen. Noel Frame, one of the bill's sponsors. Frame, a survivor of childhood sexual abuse, said her involvement stemmed from researching abuse allegations within the Jehovah’s Witnesses, where she discovered gaps in mandatory reporting standards across religious groups.

Frame argued that no institution, including religious ones, should be exempt from protecting children. She said the Church can adapt, noting that its internal Canon law, though firm on maintaining the seal of confession, has evolved and can do so again.

Catholic Church Raises Constitutional Objections

The Archdiocese of Seattle pushed back strongly against the measure, stating that priests are prohibited from revealing anything learned during confession, even if the information concerns abuse. Archbishop Paul Etienne emphasized that breaking that seal could result in the excommunication of the priest involved.

The Washington State Catholic Conference (WSCC) had expressed support for expanding clergy reporting requirements in general, but requested a specific exemption for confessional settings. The group argues the law compromises religious freedom by essentially criminalizing a core religious practice.

In a public response, the WSCC stated that the seal of the confessional is protected by the First Amendment and that the new law infringes on those rights. The Conference also noted that most states with similar laws include allowances for confidential religious communications.

Federal Investigation Amplifies Controversy

Adding to the legal battle, the U.S. Department of Justice opened a civil rights investigation into the law on May 8, 2025. Officials cited concerns that the requirement forces clergy to violate their deeply held religious convictions or face legal repercussions.

Assistant Attorney General Harmeet K. Dhillon said the regulation forces priests into choosing between their beliefs and their obligations under state law, a tension she described as unconstitutional. Dhillon also criticized the law for granting privileged confidentiality to occupations like lawyers and doctors while excluding religious leaders.

This places Washington in contrast with most other states. While 28 states list clergy as mandatory reporters, the majority make clear exceptions for communications that occur during confession or similar religious rites.

Supporters Say Policy Balances Safety and Reform

Proponents of the bill say the changes are long overdue and necessary to improve child protection across institutions. They argue that victims deserve action over secrecy, even when religious traditions are involved.

Sen. Frame, speaking on the possibility of adapting internal Church policy, suggested that it is within the institution’s ability to revise rules to comply with civil law. “Canon law... has been revised many times,” she said, and acknowledged that reforms must respect both legality and faith.

She maintained her position, emphasizing that protecting children must take precedence and that accountability shouldn’t stop at the doors of houses of worship. According to Frame, religious institutions must operate under the same expectations as the rest of society.

Effective Date and Future Outcomes Remain Unclear

Senate Bill 5375 is scheduled to go into effect in late July 2025. As that date approaches, both legal and religious controversies surrounding the legislation are likely to intensify.

Church leaders have not said how they will instruct priests on complying with the law when it takes effect. However, statements from the Archdiocese suggest that clergy may be expected to prioritize adherence to Canon law, regardless of legal risk.

Meanwhile, the Department of Justice investigation could determine whether the law survives constitutional scrutiny or faces federal injunction or modification. For now, lawmakers and church authorities remain at odds over where the line should be drawn between faith and public obligation.

Written by: Benjamin Clark
Benjamin Clark delivers clear, concise reporting on today’s biggest political stories.

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