Federal Judge Blocks Washington State's Clergy Reporting Law with Injunction

A federal judge has issued a preliminary injunction against Washington State's Senate Bill 5375, a law that would have required clergy members to report any instances of child abuse or neglect, including those disclosed during confession. The ruling, delivered on July 15, 2025, temporarily halts the enforcement of the law, which was set to take effect on July 27, 2025.

Senate Bill 5375, signed into law by Governor Bob Ferguson on May 2, 2025, aimed to include clergy among the list of mandatory reporters of child abuse and neglect. The legislation defined clergy as "any regularly licensed, accredited, or ordained minister, priest, rabbi, imam, elder, or similarly situated religious or spiritual leader." Notably, the bill did not provide exemptions for information obtained during confession, effectively requiring clergy to break the traditional seal of confession.

The law faced immediate legal challenges. On June 23, 2025, the U.S. Department of Justice (DOJ) filed a lawsuit against the State of Washington, arguing that SB 5375 infringed upon the First Amendment's Free Exercise Clause and the Equal Protection Clause of the Fourteenth Amendment. Assistant Attorney General Harmeet K. Dhillon stated, "Laws that explicitly target religious practices such as the Sacrament of Confession in the Catholic Church have no place in our society."

Prior to the DOJ's intervention, on May 29, 2025, the Catholic bishops of Washington state filed a lawsuit challenging the law, contending that it violated the free exercise of religion protected by the First Amendment by infringing on the sacred seal of confession.

In his ruling, U.S. District Court Judge David Estudillo stated there was "no question" that the law was a burden on the free exercise of religion. The injunction temporarily halts the enforcement of SB 5375 as it applies to information learned by Roman Catholic priests solely through the Sacrament of Confession.

Supporters of SB 5375 argue that the law is essential for child protection. Representative Natasha Hill (D-Spokane) emphasized, "Nobody is above the law, that there’s no veil, there’s no curtain to hide behind when it comes to child abuse, and especially sexual abuse."

Opponents, particularly within the Catholic Church, contend that the law infringes upon the sacred seal of confession. Archbishop of Seattle Paul Etienne stated, "Catholic clergy may not violate the seal of Confession – or they will be excommunicated from the Church."

The issue of clergy being mandated reporters of child abuse has been addressed differently across various states. In March 2024, Utah passed a law allowing clergy members to report child abuse learned during confession without fear of legal repercussions, without eliminating the clergy-penitent privilege. In 2023, Vermont considered legislation to remove the clergy exemption from mandated child abuse reporting laws, facing debates over potential infringements on religious freedoms.

The court's decision sets a precedent for the intersection of religious practices and state-mandated reporting laws. The case may escalate to higher courts, potentially influencing national policies on clergy reporting obligations. The ongoing debate on balancing child protection with religious freedoms continues to evolve.

As the legal proceedings unfold, the enforcement of SB 5375 remains suspended, leaving the future of the law uncertain. The outcome of this case could have significant implications for the relationship between religious practices and state laws designed to protect vulnerable populations.