Federal judge blocks Washington state law requiring clergy to report abuse learned in confession

A federal court has blocked a new Washington state law requiring religious leaders in the state to report child abuse or neglect, even when it’s disclosed in confession.

Senate Bill 5375 makes members of the clergy – including ministers, priests, rabbis and others – mandatory reporters of child abuse and neglect.

The law was set to take effect on July 27. Penalties include up to 364 days in jail, a $5,000 fine, and potential civil liability for priests who uphold the seal of confession.

The confessional privilege is a long-standing legal protection that allows clergy to keep confidential any information shared during a confession.

In his ruling, U.S. District Court Judge David Estudillo said Friday there was “no question” that the law was a burden on the free exercise of religion.

Clergy would be put in an untenable position under the new law, according to the judge.

“In situations where [priests] hear confessions related to child abuse or neglect, [the new law] places them in the position of either complying with the requirements of their faith or violating the law,” he wrote.

Estudillo said that the law as passed “modifies existing law solely to make members of the clergy mandatory reporters with respect to child abuse or neglect.”

The judge said that the law as written is “neither neutral nor generally applicable” because it “treats religious activity less favorably than comparable secular activity.”

Estudillo pointed out that Washington could have made religious leaders mandatory reporters while allowing a narrow exception for confession.

More than two dozen states exempt clergy from reporting child abuse if they learn about it in a confessional conversation. However, seven states that mandate clergy reporting have removed the loophole that allows exceptions for confession.

The Center Square reached out to the office of Gov. Bob Ferguson, who signed SB 5375 into law on May 2, for comment on the judge’s temporary blocking of the law, but did not receive a reply.

“For centuries, Catholic faithful around the world have sought reconciliation with God through the sacrament of confession,” Jean Hill, executive director of the Washington State Catholic Conference, said in a news release. “This ruling protects that sacred space and ensures that Washingtonians of all religious stripes can live out their beliefs in peace.”

Top Catholic officials in Washington filed a lawsuit against the legislation shortly after it was signed into law, alleging that it violates their First Amendment right to practice freedom of religion and the Equal Protection Clause of the 14th Amendment. That lawsuit was then joined by the Department of Justice.