Judge halts law forcing priests to disclose confessional abuse
A federal judge has temporarily stopped a controversial Washington state law that would make priests report child abuse even if they learned about it in the sacrament of confession.
According to The Christian Post, the ruling determined that the law most likely infringes on the constitutional right of religious freedom, particularly for Roman Catholic clergy.
On July 19, U.S. District Judge David G. Estudillo issued a preliminary injunction blocking Senate Bill 5375 before its scheduled enforcement on July 27. The law, passed earlier this year, would require clergy to reveal information about suspected child abuse, even if it was shared during religious confession—a practice the Catholic Church considers sacred and strictly confidential.
Legal Challenge Filed by Catholic Leaders
The injunction comes in response to a suit filed in May by bishops from the Roman Catholic Archdiocese of Seattle and the Dioceses of Spokane and Yakima. Several Catholic priests in the state also joined the legal challenge. The named defendants include Governor Bob Ferguson, Attorney General Nicholas Brown, and every county prosecuting attorney in Washington.
Catholic doctrine teaches that priests are forbidden from breaking the seal of confession under any circumstances. Violating this rule would result in automatic excommunication and, according to Church belief, eternal spiritual consequences.
Judge Estudillo emphasized the severe burden SB 5375 places on clergy. He stated that the law forces priests to choose between "complying with the requirements of their faith or violating the law" when confessions involve child abuse or neglect.
Court Says Law Favors Secular Exceptions
In his ruling, the judge argued that the law is neither neutral nor broadly applicable. He pointed out that while clergy are required to report, other adults, including parents, attorneys, and law professors, are exempt if they learn the information through privileged communication.
Estudillo raised concerns that the law treats religious conduct less favorably than secular equivalents. He noted that Washington state failed to provide strong evidence that exempting law professors and their communications presents less risk to children than the religious confession privilege.
The Court's findings suggest that SB 5375 unfairly singles out religious practices for restriction, which could violate the U.S. Constitution’s protection of free religious exercise.
Federal Oversight and Broader Implications
The U.S. Department of Justice’s Civil Rights Division also began monitoring the law in May, launching an investigation into potential breaches of First Amendment rights. This development added further legal and political weight to the court’s decision.
Supporters of the law argue that it’s a needed measure to protect vulnerable children. The Clergy Accountability Coalition, an interfaith group advocating for the bill, believes clergy should not be exempt from laws requiring adults to report child abuse.
Sharon Huling, a representative of the coalition, said that if religious institutions are not subject to state regulation, they should also not benefit from special legal exemptions.
Lawmakers Defend the Legislation
State Senator Noel Frame, who sponsored SB 5375, has stated that clergy should be held to the same standards as doctors and teachers when it comes to identifying and reporting abuse. She described the law as long overdue and essential for protecting children.
“Members of the clergy play such an important role in the lives of children,” Frame said. “Just like those other trusted adults, clergy should be mandatory reporters.”
The text of the bill specifically highlighted that only clergy were exempted from mandatory reporting when knowledge was gained through privileged communication—a rule it sought to remove.
Religious Freedom Advocates Applaud Decision
Religious liberty advocates view the injunction as a vital defense of faith-based practice. Mark Rienzi, president of the Becket Fund for Religious Liberty, praised the judge’s decision as upholding the foundational rights of people of all belief systems.
"This ruling confirms what has always been true: In America, government officials have no business prying into the confessional,” Rienzi said.
He added that protecting the confessional seal also ensures broader protection for religious freedom from unnecessary government intrusion.
What Happens Next?
With the July 27 implementation date on hold, the future of SB 5375 remains uncertain. The court’s preliminary injunction will stall enforcement while full litigation unfolds in federal court.
Legal experts suggest that the case could eventually reach higher courts, possibly even the U.S. Supreme Court, if the issue of religious exemptions continues to draw national attention.
For now, clergy in Washington are not bound by the law to report confessional disclosures, but whether that remains the case will depend on how the constitutional arguments play out in the coming months.




