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A new law in Washington state requiring clergy to report child abuse disclosed during confession is now facing a legal challenge from the U.S. Department of Justice (DOJ), sparking a high-stakes battle over the intersection of religious freedom and mandated reporting laws, Bishop Accountability recently reported.
Set to take effect on July 27, the law eliminates a longstanding exemption for clergy, making them mandatory reporters even for information received during the Sacrament of Reconciliation. Catholic Church leaders warn that compliance with the law would result in automatic excommunication, as priests are bound by canon law never to reveal what is said in confession.
The Legal Showdown
The DOJ filed a lawsuit on June 24, arguing that Washington’s new law “unlawfully targets clergy and, specifically, Catholic priests,” and “substantially burdens this sacred rite” of confession. The complaint emphasizes that forcing priests to choose between their religious vows and legal compliance infringes on the First Amendment’s guarantee of religious freedom and the Equal Protection Clause of the Fourteenth Amendment.
“Complying with [Senate Bill] 5375 under these circumstances would place Catholic priests fundamentally at odds with the core tenets and beliefs of their religion,” the DOJ stated, “and even prohibit them from continuing to serve as priests in the Catholic Church.”
Religious and Political Tensions Rise
The Archdiocese of Seattle, which oversees the region’s Catholic parishes, responded unequivocally: “Catholic clergy may not violate the seal of confession—or they will be excommunicated from the Church.” Archbishop Paul Etienne reinforced that priests cannot comply if the knowledge of abuse is learned during confession.
Washington State Senator Noel Frame (D), who authored the bill, pushed back against this framing, noting that canon law has changed many times in history and arguing that the Church has the power to revise its stance to help prevent child abuse. “That is within their power to change and I think they should so,” she told NPR.
What People Are Saying
Assistant Attorney General Harmeet K. Dhillon of the DOJ’s Civil Rights Division condemned the law: “Laws that explicitly target religious practices such as the Sacrament of Confession in the Catholic Church have no place in our society.”
Mark Shanahan, a political scholar at the University of Surrey, told Newsweek that the DOJ’s move is consistent with past actions to uphold constitutionally protected religious rights, especially when state laws overreach: “While the Washington Senate Bill may be making the headlines now, it’s just the latest in a long line of state laws that have fallen foul of Constitutional rights.”
Governor’s Response
Washington Governor Bob Ferguson (D), who signed the law, stood by it and dismissed the DOJ’s challenge: “It is disappointing, but not surprising, to see the DOJ seek to shield and protect child abusers.”
What’s Next
The law is scheduled to take effect on July 27. In addition to the DOJ’s lawsuit, it faces a separate legal challenge from bishops representing the Archdiocese of Seattle and the dioceses of Spokane and Yakima, all citing religious liberty concerns.
If you are a survivor of clergy abuse, it’s not too late to come forward and hold the institution accountable and receive possible compensation. To learn more about filing a Catholic sexual abuse lawsuit, visit our comprehensive guide. In addition, you can initiate the process of getting a case review by filling out the brief, confidential form below.
