WASHINGTON — A federal judge blocked Washington state Friday from enforcing a law that would require Catholic priests to report child abuse — even when disclosed in a confessional — or face nearly a year of jail time.
US District Chief Judge David G. Estudillo in Tacoma stayed the law that threatened clergy with a $5,000 fine and up to 364 days in prison for not disclosing child abuse and neglect heard during confessions.
The legislation, SB 5375, was signed by Democratic Gov. Bob Ferguson in May and would have taken effect July 27.
In a 25-page order, Estudillo — appointed to the federal bench by President Joe Biden — determined that the law was likely unconstitutional and violated First Amendment protections allowing for the free exercise of religion.
“The State arguably could have chosen a less restrictive means of advancing its interest in protecting children from abuse and neglect by adding members of the clergy to the list of mandated reporters while also permitting a narrow exception for the confessional, as approximately 25 other states have done,” he wrote.
“Ultimately, Washington’s failure to demonstrate why it has an interest of the highest order in denying an exemption to clergy while making such exemptions available to other professionals who work with underserved children … is likely fatal to SB 5375.”
The Catholic Church views confession as among the holiest of activities and instructs priests to uphold their sacred obligation by keeping such disclosures confidential — on pain of excommunication.
“This ruling confirms what has always been true: In America, government officials have no business prying into the confessional,” said Mark Rienzi, president and CEO of the religious freedom legal nonprofit Becket, which represented the Roman Catholic Archdiocese of Seattle.
“By protecting the seal of confession, the court has also safeguarded the basic principle that people of all faiths should be free to practice their beliefs without government interference.”
“In a nation where anti-Catholic bigotry is on the rise, this ruling is a hopeful reminder: no American should face criminal penalties for living out their faith,” said Kelsey Reinhardt, the president of CatholicVote, a leading advocacy group.
“We are grateful for today’s ruling and hope that the final outcome of the case similarly reflects our nation’s commitment to the First Amendment of all Americans — especially Catholics.”
Archbishop Paul D. Etienne, Bishop Joseph J. Tyson and Bishop Thomas A. Daly sued Ferguson May 29 and were represented by Becket, the First Liberty Institute and lawyers for WilmerHale.
The US Department of Justice’s Civil Rights Division sought to intervene in that lawsuit on the side of the diocese June 23.
“Laws that explicitly target religious practices such as the Sacrament of Confession in the Catholic Church have no place in our society,” Assistant Attorney General Harmeet Dhillon said at the time. “The Justice Department will not sit idly by when States mount attacks on the free exercise of religion.”
“We look forward to protecting Washington kids from sexual abuse in the face of this ‘investigation’ from the Trump administration,” Ferguson responded to local outlet KIRO 7 at the time.
