A group of Roman Catholic bishops and priests filed a federal lawsuit Thursday challenging a new Washington law that requires clergy to report suspected child abuse or neglect, even when the information is received in confession.
The lawsuit, filed in U.S. District Court in Tacoma, argues that the law—set to take effect July 27—violates constitutional rights to religious freedom by forcing priests to choose between adhering to the centuries-old doctrine of confessional secrecy or facing criminal charges.
The plaintiffs include Seattle Archbishop Paul D. Etienne, Yakima Bishop Joseph J. Tyson, Spokane Bishop Thomas A. Daly, and eight priests from dioceses across the state.
They are suing Gov. Bob Ferguson, Attorney General Nick Brown, and all 39 of Washington’s county prosecutors in their official capacities.
At the center of the legal battle is Senate Bill 5375, signed by Ferguson on May 2.
The bill expands the list of mandatory reporters of child abuse under state law to include clergy, without exceptions for information received in the confessional.
Violations carry a penalty of up to 364 days in jail and a $5,000 fine.
The plaintiffs claim the law “puts Roman Catholic priests to an impossible choice: violate 2,000 years of Church teaching and incur automatic excommunication or refuse to comply with Washington law and be subject to imprisonment, fine, and civil liability.”
Under canon law, any priest who discloses information received during confession is automatically excommunicated.
The plaintiffs say this punishment cannot be lifted by anyone except the pope and argue the new law specifically targets Catholic doctrine by removing privileges for clergy that still exist for other professionals like attorneys, union representatives, and domestic violence advocates.
Supporters of the law, including lawmakers who pushed the bill through the legislature, have framed it as a child protection measure, saying it is meant to ensure clergy cannot shield abusers behind religious confidentiality.
The complaint alleges the law violates the Free Exercise and Establishment Clauses of the First Amendment and similar protections under the Washington Constitution.
The bishops also argue that their dioceses already maintain policies requiring priests to report suspected abuse, except when learned in confession.
They say they support broader mandatory reporting laws—so long as they respect the sacramental seal.
The plaintiffs are asking the court to block the law’s implementation and declare it unconstitutional.
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