Washington bishops sue over law forcing priests to violate seal of confession

CNA Staff, May 29, 2025 / 13:42 pm (CNA).

The Catholic bishops of Washington state filed a lawsuit Thursday challenging a new law that requires priests to report child abuse learned during the sacrament of confession or face jail time and fines. 

The suit, filed by the Archdiocese of Seattle and the dioceses of Spokane and Yakima, argues that the law violates the free exercise of religion protected by the First Amendment by infringing on the sacred seal of confession. The suit also claims the law violates the equal protection clause of the 14th Amendment as well as the Washington Constitution.

Signed by Gov. Bob Ferguson on May 2, the law goes into effect July 27 and adds clergy to Washington’s list of mandatory reporters for child abuse but explicitly denies them the “privileged communication” exemption granted to other professionals, such as nurses and therapists. 

Priests who fail to report abuse learned in confession could face up to 364 days in jail and a $5,000 fine. Ferguson, a Catholic, defended the measure earlier this month, saying he is “very familiar” with confession but deemed the law “important legislation” to protect children.

In the lawsuit, filed in federal district court, the bishops emphasize the Catholic Church’s commitment to child protection while defending the inviolability of the confessional seal. 

“Consistent with the Roman Catholic Church’s efforts to eradicate the societal scourge of child abuse, the Roman Catholic Archdiocese of Seattle and the dioceses of Yakima and Spokane have each adopted and implemented within their respective dioceses policies that go further in the protection of children than the current requirements of Washington law on reporting child abuse and neglect,” the lawsuit states. 

It notes that these policies mandate reporting suspected abuse by Church personnel, including clergy, except when information is learned solely in confession, which is protected by “more than 2,000 years of Church doctrine.”

Spokane Bishop Thomas Daly in a statement earlier this month vowed that clergy would not break the seal of confession, even if it meant jail time. “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,” Daly said in his message to the faithful. “The sacrament of penance is sacred and will remain that way in the Diocese of Spokane.”

Seattle Archbishop Paul D. Etienne echoed this stance, citing canon law, which forbids priests from betraying a penitent’s confession under penalty of excommunication. Etienne referenced St. Peter’s words in Acts 5:29 — “We must obey God rather than men” — to underscore the Church’s position.

The Washington State Catholic Conference affirmed its commitment to child safety while defending the sanctity of confession, urging Catholics to trust that “their confessions remain sacred, secure, confidential, and protected by the law of the Church.”

The U.S. Department of Justice, under President Donald Trump, launched an investigation into the law on May 6, calling it an “anti-Catholic” measure. U.S. Assistant Attorney General Harmeet Dhillon described it as a “legislative attack on the Catholic Church and its sacrament of confession,” arguing it singles out clergy by denying them privileges afforded to other professionals.

The Becket Fund for Religious Liberty, the nonprofit First Liberty Institute, and the WilmerHale law firm are representing the Washington bishops.

As of the time of publication Ferguson’s office had not responded to CNA’s request for comment.

Source: https://www.catholicnewsagency.com/news/264407/washington-bishops-sue-over-law-forcing-priests-to-violate-seal-of-confession