Washington backs off law forcing clergy to break confessions
In a move that marks a rare win for common sense, Washington state has agreed not to force priests to report abuse heard in the confessional.
A federal court entered a permanent injunction protecting the Catholic Sacrament of Reconciliation from state interference, after lawmakers passed a controversial bill requiring clergy to break confidentiality under threat of legal penalties, as The Christian Post reports.
This agreement, finalized in the United States District Court for the Western District of Washington at Tacoma, ends months of legal battles between the state and religious leaders over what many saw as an unconstitutional breach of religious liberty.
Federal Court Blocks Overreach Into Confessional
The court’s ruling made clear: state and county prosecutors won’t enforce the provision of the law applying to “the Catholic Sacrament of Confession and/or any other privileged communication.” In plain English, the confessional seal remains intact, even if Olympia didn’t want it that way.
Senate Bill 5375, passed by a majority-Democrat legislature and signed into law by Democrat Gov. Bob Ferguson, required clergy to report child abuse, even when the information was obtained during religious confession. The goal, on paper, was to protect children. The route? Bulldozing the First Amendment.
The bill faced fierce backlash, especially from Catholic leadership. Archbishop Paul Etienne of Seattle warned that priests “cannot comply with this law if the knowledge of abuse is obtained during the Sacrament of Reconciliation.” Translation: the state was asking clergy to choose between jail time and eternal damnation.
DOJ Steps In, Court Slams Door Shut
Things escalated in June when the U.S. Department of Justice also weighed in, asserting that the law “unlawfully targets clergy and, specifically, Catholic priests.” When even the Biden administration’s DOJ thinks you’ve gone too far, maybe it’s time to put down the pen and reconsider.
The Archdiocese of Seattle filed suit, and the court issued a preliminary injunction. Now, the court has followed up with a permanent one, shutting down attempts to drag priests into the courtroom for honoring their vows. The result isn’t just legal—it’s binding, with the court noting the final ruling carries the same “force and precedential effect” as one delivered after a trial.
In a refreshing moment of rationality, state attorneys and prosecutors agreed not to appeal. No whimpering about legislative intent or exaggerated threats—just a quiet walk away from the political grenade they lobbed.
Response Shows Deep Cultural Divide
Mark Rienzi, president of Becket Law, one of the firms representing the clergy, didn’t hold back. “This is a victory for religious freedom and for common sense,” he stated. “Priests should never be forced to make the impossible choice of betraying their sacred vows or going to jail.”
Exactly. Forcing confessional reporting never protected a child—it only punished faith leaders, many of whom already work voluntarily with authorities when abuse is disclosed outside confession. That, by the way, remains law under the court’s ruling.
Even Washington Attorney General Nick Brown struck a more conciliatory tone, stating the agreement “respects the court’s decision” while preserving mandatory reporting obligations when disclosures happen outside the confessional. Perhaps the state finally realized that safeguarding constitutional rights doesn’t prevent safeguarding children.
Lawmakers Push Despite Legal Warning Signs
Still, some lawmakers aren’t giving up the fight to force pastors into police roles. Democrat Sen. Noel Frame, who sponsored the bill, argued, “clergy should be mandatory reporters,” comparing them to teachers and doctors. The glaring difference? Teachers and doctors aren’t held to clerical vows of confidentiality.
Religious freedom doesn’t come with political footnotes. The idea that government can peek behind the curtain of religious rites is a dangerous precedent—one that citizens of every faith should watch closely, regardless of political color.
As Archbishop Etienne wisely noted, “People of every religion in the state of Washington and beyond should be alarmed by this overreach of our Legislature and governor.” He’s right—and politicians tempted to test the limits of liberty would do well to listen.
Faith Communities Fight Back—and Win
Fortunately, this time, faith won. Drenched in talk of progress and child advocacy, this law attempted to criminalize religious fidelity. The courts rejected that narrative.
The permanent injunction provides critical breathing room for religious institutions navigating a culture increasingly hostile to tradition. Washington Catholics, at least, won’t be forced to choose between handcuffs and heaven.
No one is arguing against child protection. But there's a way to do that without dismantling centuries-old religious protections. The Constitution isn’t optional just because it’s inconvenient to modern ideologues.





