Washington Catholic bishops are suing the state for forcing priests to choose between jail time and excommunication over a new law requiring clergy to report child abuse disclosed during confession.
Key Takeaways
- Washington’s new law requires priests to report child abuse learned in confession, with violators facing up to 364 days in jail and $5,000 fines.
- Catholic bishops have filed a lawsuit claiming the law violates First Amendment religious freedoms and the Equal Protection Clause.
- Priests face excommunication from the Church if they break the seal of confession, creating an impossible choice between religious doctrine and state law.
- Unlike most U.S. states, Washington’s law specifically removes clergy-penitent privilege while maintaining other professional confidentiality protections.
- The Trump administration’s Department of Justice is investigating the law as potentially discriminatory against religious practices.
Democrats Target Catholic Sacramental Seal
Washington State’s Democrat-controlled legislature has passed a controversial law that removes the confidentiality protection for Catholic confession, forcing priests to report child abuse disclosed during the sacrament. The legislation, signed by Governor Robert Ferguson, makes Washington one of only a handful of states targeting the sacred seal of confession, which has been inviolable in Catholic tradition for nearly 2,000 years. Catholic bishops across Washington have united in filing a federal lawsuit challenging the constitutionality of the law, arguing it specifically discriminates against Catholic religious practice while preserving other forms of confidential communication.
The lawsuit highlights that the law creates an impossible choice for Catholic priests, who must now decide between facing criminal penalties from the state or excommunication from their Church. The bishops argue this direct targeting of religious practice is unprecedented and unconstitutional. While Washington already had mandatory reporting requirements for suspected child abuse, this new legislation specifically removes the exception for clergy-penitent communications that has been respected throughout American legal tradition. The Catholic dioceses emphasize they already maintain strict abuse reporting policies that exceed state requirements in all areas except confession.
Constitutional Rights Under Attack
The Washington bishops’ lawsuit, filed with representation from the Becket Fund for Religious Liberty, First Liberty Institute, and WilmerHale law firm, alleges the law violates both the Free Exercise Clause of the First Amendment and the Equal Protection Clause of the 14th Amendment. Legal experts note that the law specifically singles out religious confidentiality while maintaining protections for other privileged communications. This apparent targeting raises serious constitutional questions about whether the state is discriminating against religious practice, as the law states: “Except for members of the clergy, no one shall be required to report under this section when he or she obtains the information solely as a result of a privileged communication.”
“The sacramental seal is inviolable; therefore, it is a crime for a confessor in any way to betray a penitent by word or in any other manner or for any reason … A confessor who directly violates the seal of confession incurs an automatic (latae sententiae) excommunication reserved to the Apostolic See,” states Canon law.
The lawsuit names Governor Ferguson, Attorney General Nicholas Brown, and local prosecutors as defendants. The bishops are seeking to have the law declared unconstitutional before it takes effect in July, arguing it imposes an undue burden on religious liberty. Similar legislative attempts have failed in other states precisely because of these serious religious freedom concerns. The Trump Justice Department has already labeled the Washington law as “anti-Catholic” and launched an investigation into its discriminatory nature.
Priests Vow to Resist, Even at Risk of Imprisonment
Catholic leaders in Washington have taken a firm stand against the law, with Seattle Archbishop Paul D. Etienne and Spokane Bishop Thomas Daly publicly vowing to uphold the seal of confession regardless of legal consequences. The Archdiocese of Seattle has gone further, warning priests that compliance with the new law will result in excommunication from the Church. This creates an impossible situation where priests face criminal punishment including jail time and fines if they uphold their religious obligations, or eternal spiritual consequences if they comply with the state.
“I want to assure you that your shepherds, bishops and priests, are committed to keeping the seal of confession — even to the point of going to jail,” said Spokane Bishop Thomas Daly.
The bill’s sponsor, Democrat Senator Noel Frame, claims she crafted the legislation after reports of child sexual abuse cover-ups by Washington Jehovah’s Witnesses, yet the law’s effects fall primarily on Catholic sacramental practice. Catholic defenders argue that the confidentiality of confession actually promotes moral accountability rather than hindering it. Jean Hill, representing the bishops, explained that confession provides a safe space for those who have done wrong to seek guidance and take responsibility for their actions, potentially preventing future harm.
The Broader Attack on Religious Liberty
This legal battle represents a growing conflict between progressive state governments and traditional religious institutions. Critics see the Washington law as part of a broader pattern of Democratic-controlled states challenging religious freedoms protected by the Constitution. The lawsuit points out that confession has been a protected practice throughout American history, with most states maintaining exemptions for clergy-penitent communications in their mandatory reporting laws. Only a few states—New Hampshire, North Carolina, Oklahoma, Texas, and West Virginia—have similar laws requiring clergy to disclose confessional information.
“Confession is about calling people to real moral responsibility, and if you strip that away, you don’t get more justice, you get less honesty,” said Jean Hill.
Washington Governor Ferguson has defended the law, claiming it protects children, but his statements reveal a fundamental misunderstanding of Catholic teaching and constitutional protections for religious practice. When informed of the lawsuit, Ferguson responded: “I’m disappointed my Church is filing a federal lawsuit to protect individuals who abuse kids.” This characterization misrepresents the bishops’ position, which is not about protecting abusers but defending a core religious practice guaranteed by the Constitution. The bishops maintain their commitment to protecting children while upholding their religious obligations, highlighting that these goals need not be in conflict when religious liberty is properly respected.
