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The Washington State Attorney General’s Office announced on Friday that it has reached an agreement with the Catholic Church over a new abuse reporting law. The agreement confirms that clergy remain mandatory reporters of child abuse but makes an exception for information learned exclusively during the Sacrament of Confession, WFXG Fox 45 reported Friday.
A federal court had blocked the Office of the Attorney General (AGO) from enforcing the law in July, just days before it was set to take effect. Senate Bill 5375 required clergy members—including priests, ministers, rabbis, and other religious figures—to act as mandatory reporters of child abuse and neglect. However, the preliminary injunction prevented Washington state from enforcing provisions that would have required clergy to report information disclosed under the seal of confession.
Before the agreement was reached, the law had drawn national attention when the U.S. Department of Justice threatened legal action against Washington state. In a June complaint, the DOJ argued that Senate Bill 5375 “unlawfully targets clergy and, specifically, Catholic priests,” contending that forcing priests to disclose information learned in confession would violate the First Amendment’s protections of religious freedom.
The AGO filed stipulations on Friday making the injunction permanent, requiring clergy to report only what they learn outside of confession. Plaintiffs who sued the state praised the ruling as a victory for religious liberty and child protection. “It is a credit to the Attorney General of Washington, the Governor, and the Archbishop and Bishops that they were able to come together and find common ground under the First Amendment to protect religious liberty while seeking to eradicate the scourge of sexual abuse,” wrote Hiram Sasser, executive general counsel for First Liberty Institute, in a statement. “We can all learn from their noble examples.”
Several states have passed laws requiring clergy to report suspected child abuse, though most include exceptions for confessional communications. The stipulation released Friday stated that SB 5375 sought to “deny members of the clergy the benefit of any privileged communication.” If the law had taken effect on July 27, priests who violated the seal of confession could have faced a $5,000 fine, up to 364 days in jail, and potential civil liability.
Washington’s child abuse reporting statute has exempted clergy since the 1970s, alongside attorneys, physicians, and spousal communications. RCW 5.60.060 still includes those exemptions and will soon explicitly reaffirm clergy among them.
The First Liberty Institute noted that the Archdiocese of Seattle and the Dioceses of Spokane and Yakima already require all church personnel to report suspected child abuse to law enforcement. Jean Hill, executive director of the Washington State Catholic Conference, said the Church initially supported the proposal but requested protection for the sacrament of confession.
Becket Fund for Religious Liberty President and CEO Mark Rienzi praised the outcome, saying the state was “wise to walk away from this draconian law,” calling the decision a “victory for religious freedom.” Attorney General Brown wrote in a statement Friday, “Today’s agreement respects the court’s decision in this case and maintains important protections for children. It keeps crucial portions of Washington’s mandatory reporting law in place, while also preserving the Legislature’s authority to address issues with the law.”
For Survivors of Catholic Church Sexual Abuse
If you are a survivor of clergy abuse within the Catholic Church, know that you still have legal rights, even if the abuse happened decades ago, even if the priest has died, or even if your diocese has filed for bankruptcy. Survivors across the country are stepping forward to demand justice and accountability.
Visit our Catholic Church Sexual Abuse Lawsuit Guide to learn how you can explore your options and take the first step toward healing and compensation. You can also see if your case may qualify for legal action by filling out the confidential, secure form below. SurvivorsRights.com may help connect you with an attorney or law firm that specializes in clergy abuse cases.
