Tags: washington | catholic church | confession | abuse

Judge Bars Washington State From Breaking Seal of Confession

By    |   Wednesday, 15 October 2025 01:37 PM EDT

A federal judge has issued a permanent injunction barring Washington state from enforcing a law that would have required Catholic priests to break the seal of confession by reporting child abuse disclosed during the sacrament.

In an order on Friday, U.S. District Judge David G. Estudillo approved a permanent injunction in Etienne v. Ferguson, finding S.B. 5375 in violation of the First Amendment by infringing on the plaintiffs' free exercise of religion in relation to the Catholic sacrament of confession.

The order prohibits state and county prosecutors from enforcing the legislation, which was signed into state law by Gov. Bob Ferguson in May and set to take effect in July.

Under the law, the clergy-penitent privilege that had previously exempted confessional communications was removed and members of the clergy were added to Washington's list of mandatory reporters of child abuse and neglect.

Violations of the law would have carried civil penalties of a $5,000 fine and up to 364 days in jail.

Newsweek reported that the judge's ruling also applies to a companion case brought by the Orthodox Church in America.

In May, Archbishop Paul D. Etienne of Seattle, Bishop Joseph J. Tyson of Yakima, and Bishop Thomas A. Daly of Spokane filed a lawsuit against the state, arguing that the law forced priests "to violate their sacred vows or face punishment by the state."

Estudillo sided with the plaintiffs in July, issuing a preliminary injunction and finding they were likely to ultimately succeed in their First Amendment Free Exercise Clause claim.

He reportedly wrote at the time that the state's elimination of the clergy-penitent privilege "burdens sincere religious practice" and "is neither neutral nor generally applicable" because other professional privileges, like attorney-client communications, are still in force.

On Friday, the earlier ruling was converted into a permanent injunction which "enjoins the state defendants from enforcing SB 5375 as to the Sacrament of Confession."

Catholic officials celebrated the outcome.

"Preventing abuse and upholding the sacred seal of confession are not mutually exclusive — we can and must do both," Jean Hill, executive director of the Washington State Catholic Conference said in a statement. "That's why the Church supported the law's goal from the beginning and only asked for a narrow exemption to protect the sacrament."

Mark Rienzi, president and CEO of Becket, which represented the bishops, said in a statement that "Washington was wise to walk away from this draconian law and allow Catholic clergy to continue ministering to the faithful."

"This is a victory for religious freedom and for common sense," he said. "Priests should never be forced to make the impossible choice of betraying their sacred vows or going to jail."

In a statement, Washington Attorney General Nick Brown said that the injunction "keeps crucial portions of Washington's mandatory reporting law in place, while also preserving the legislature's authority to address issues with the law identified by the court."

The Washington State Standard reported that Brown said the decision "does not prevent lawmakers from revisiting the matter in the future."

State Democratic Sen. Noel Frame, who sponsored the original legislation, said her intent "has just been to protect children."

"Children need to know that when they go to a trusted adult … they get help," Frame said, according to Newsweek. "That's how we break the cycle of abuse and do better by our next generation."

Nicole Weatherholtz

Nicole Weatherholtz, a Newsmax general assignment reporter covers news, politics, and culture. She is a National Newspaper Association award-winning journalist.

© 2025 Newsmax. All rights reserved.


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A federal judge has issued a permanent injunction barring Washington state from enforcing a law that would have required Catholic priests to break the seal of confession by reporting child abuse disclosed during the sacrament.
washington, catholic church, confession, abuse
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2025-37-15
Wednesday, 15 October 2025 01:37 PM
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