BY Benjamin ClarkJune 1, 2025
9 months ago
BY 
 | June 1, 2025
9 months ago

Washington clergy challenge law over confession confidentiality

Roman Catholic leaders across Washington filed a federal lawsuit Thursday, aiming to block a new state law they argue compromises religious freedom by mandating the disclosure of confessional secrets.

According to the Christian Post, Bishops and priests from multiple dioceses are seeking to overturn Washington Senate Bill 5375, which requires clergy to report suspected child abuse, even if that information comes from sacramental confession.

The lawsuit was lodged in the U.S. District Court for the Western District of Washington at Tacoma. Plaintiffs include bishops from the Archdiocese of Seattle as well as the Diocese of Spokane and Yakima, accompanied by several Catholic priests from across the state.

Senate Bill 5375, which Governor Bob Ferguson signed into law earlier in May, eliminates a longstanding exemption in Washington law that previously protected clergy from having to reveal sacred communications, like those received during confession. That protection will officially be lifted when the statute goes into effect on July 27, 2025.

The plaintiffs claim the legislation targets religious groups unfairly by carving out clergy from protections still afforded to attorney-client and physician-patient relationships. Their complaint emphasizes that this distinction violates the Equal Protection Clause of the Fourteenth Amendment.

Plaintiffs cite religious doctrine and legal rights

Catholic priests maintain that the new law contradicts the Catholic Church's Code of Canon Law, which upholds the absolute confidentiality of the sacrament of confession. According to the code, any priest who reveals details learned in confession faces automatic excommunication.

The lawsuit argues the statute violates both state and federal constitutional rights, specifically the Free Exercise and Establishment Clauses of the First Amendment and a similar provision in Article I, Section 11 of Washington’s Constitution.

In a strongly worded statement filed with the lawsuit, the plaintiffs warn that the law may deter individuals from engaging in confession. They suggest that insecurity about the sacramental seal could prevent worshippers from fully participating in their faith practice, with resulting harm to their spiritual well-being.

Bishops say they are willing to face jail time

The bishops have issued pastoral guidance indicating that priests remain unshaken in their vow to preserve the confidentiality of confessions. They have communicated to congregants throughout Washington that clergy are prepared to face imprisonment rather than break this sacred trust.

One key section of the complaint expresses concern that believers might either withhold sins during confession or stop attending the sacrament altogether. Plaintiffs assert that for many faithful, this would mean spiritual separation from the Church and potential "eternal damnation."

The lawsuit lists several state officials as defendants, including Governor Ferguson, Attorney General Nicholas Brown, and the prosecuting attorneys of all Washington counties, holding them responsible for enforcing the law once enacted.

Opposition argues for child safety over privilege

The Freedom From Religion Foundation (FFRF), a Wisconsin-based advocacy group, supports the new law and contends the government’s obligation to protect children takes precedence over religious allowances. They argue that clergy should not be immune from reporting abuse simply because of how information is received.

Patrick Elliott, legal director for the group, stated that the law applies broadly to all clergy and does not single out one particular faith. He insisted that safeguarding young people cannot be compromised under the pretense of religious confidentiality.

“Religious freedom does not include the right to conceal abuse,” Elliott said. “This law does not target Christianity or Catholicism — it applies equally to all clergy.” He also criticized opposition to the law from federal authorities, warning it could undermine both constitutional order and protection for children.

Federal investigation adds scrutiny

Separately, the U.S. Department of Justice’s Civil Rights Division has begun reviewing the origins and approval process of Senate Bill 5375. Their investigation signals concern that the law may infringe on First Amendment protections regarding free religious practice.

That inquiry has intensified the spotlight on Washington’s decision to enact legislation that challenges longstanding religious traditions. So far, state officials have not publicly addressed the DOJ’s involvement.

As the July implementation date draws closer, religious leaders, legal analysts, and civil rights organizations are bracing for a legal battle with wide-reaching consequences — not only for Washington but potentially for other states considering similar measures.

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

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