by George Conger, Anglican Ink
A federal court has blocked a Washington state law that would have required clergy to report child abuse or neglect learned in confession, ending the traditional legal protection for the seal of confession. The law, Senate Bill 5375, was set to take effect July 27, 2025, but is now suspended by a preliminary injunction due to concerns over religious freedom and constitutional violations.
Senate Bill 5375, signed by Governor Bob Ferguson in May, mandated clergy to report suspected child abuse, even if the knowledge was gained through confession or other privileged communications. Unlike most U.S. states, Washington’s law did not allow a confession exception for clergy, although lawyers and other professionals still retained privileged communication exemptions. Penalties for noncompliance included up to 364 days in jail and a $5,000 fine.
Catholic bishops in Washington filed suit, joined by Orthodox, ecumenical, and religious liberty organizations, arguing that the law forced priests to choose between excommunication (for violating the sacramental seal) or committing a crime. The Department of Justice also intervened, stating the law “violates the free exercise of religion” and singles out clergy compared to other professionals.
On July 18, 2025, U.S. District Judge David G. Estudillo granted a preliminary injunction, noting the measure was “neither neutral nor generally applicable… and treats religious activity less favorably than comparable secular activity.” He remarked Washington could have chosen “a less restrictive approach,” similar to about half of states that include confession exemptions in clergy reporting laws.