Catholic priests in Washington cannot be required to report child abuse or neglect they learn of in confession, a federal judge ruled Friday.
U.S. District Court Chief Judge David G. Estudillo granted a preliminary injunction sought by three Catholic bishops, temporarily blocking enforcement of a controversial element in a new state law set to take effect July 27.
Estudillo ruled that requiring disclosure of information priests hear in the confessional infringes on their First Amendment right to practice religion and will force them to violate their sacred vows or face punishment by the state.
The decision means clergy will be added to the state’s roster of professions that must report to law enforcement when they have “reasonable cause to believe that a child has suffered abuse or neglect.”
But the state cannot require Archbishop Paul Etienne of Seattle, Bishop Joseph Tyson of Yakima and Bishop Thomas Daly of Spokane — the three who filed the suit — or any Catholic priest in Washington under their direction to disclose such information they hear in confession.
“There is no question that SB 5375 burdens Plaintiffs’ free exercise of religion,” Estudillo wrote in a 25-page ruling issued four days after a court hearing in Tacoma.
The legislation “places them in the position of either complying with the requirements of their faith or violating the law. The consequences for violating the law are serious and, as Plaintiffs assert, the implications of violating the Sacramental Seal are more serious still,” he wrote.
Attorney General Nick Brown’s office emphasized that the ruling only applies to “the Sacrament of Confession” and that, if clergy learn about abuse in any other setting, the injunction does not change that they will be mandated reporters. Brown did not provide any further comment.
The ruling drew praise from Catholic Church leaders and attorneys who brought the suit.
“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,” Mark Rienzi, president and CEO of Becket, one of the legal teams, said in a statement.
Jean Hill, executive director of the Washington State Catholic Conference, said Catholic faithful have sought reconciliation with God through the sacrament of confession for centuries.
“This ruling protects that sacred space and ensures that Washingtonians of all religious stripes can live out their beliefs in peace,” she said in a statement.
Washington Gov. Bob Ferguson signed the legislation in early May. Ferguson, a Catholic, has said requiring disclosures about information learned in confession did not give him pause and he was disappointed his church was suing “to protect individuals who abuse kids.”
The law adds clergy to a list that includes school personnel, nurses, social service counselors, psychologists, and many others, who must report suspected abuse or neglect.
A “member of the clergy” is defined in the legislation to cover any regularly licensed, accredited, or ordained minister, priest, rabbi, imam, elder, or similarly positioned religious or spiritual leader.
Violations of the law carry potential penalties of up to 364 days in jail, a $5,000 fine, and civil liability.
The three bishops filed their lawsuit May 29, naming Ferguson, Brown and the prosecuting attorney in each of Washington’s 39 counties as defendants.
Prosecutors for the counties did not take sides in this dispute. Collectively, they agreed to accept a preliminary injunction as long as the plaintiffs did not seek attorney fees from them.
This basically put the counties on the sidelines, said Geoff Enns, a Snohomish County deputy prosecuting attorney.
State attorneys have argued the law can survive a First Amendment challenge because it was tailored to serve the compelling government interest of prosecuting perpetrators of child abuse.
But in his ruling, Estudillo said the state “arguably could have chosen a less restrictive means of advancing its interest” by adding members of the clergy to the list of mandated reporters and providing a narrow exception for the confessional, as other states do.
Attorneys for the bishops have argued the law treats Catholic priests, and the religious activity of confession, differently than other professions that involve confidential conversations. They pointed to House Bill 1171, which also takes effect July 27.
That law exempts attorneys employed by public or private higher education institutions, and employees under their supervision, from their mandatory reporting obligations if the information obtained is related to the representation of a client.
Estudillo agreed, ruling this undermined the state’s argument that it was not singling out the church practice.
“The government interest at issue in both statutes — protecting children from abuse and neglect — is the same. Nevertheless, one law eliminates the privilege for clergy while the other expands the privileges available to secular professionals,” 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 the law, the judge added.
Last month, the U.S. Department of Justice sought to join the legal fight as an intervening party on the side of the bishops. Estudillo granted the request. The Trump Administration also filed a separate request for a preliminary injunction. It is slated for a hearing next week.
Meanwhile, a similar legal battle is unfolding in the U.S. District Court in the Eastern District of Washington. The Orthodox Church of America, along with other churches and individual priests, has sued state officials and county prosecutors, contending the law violates the First Amendment right to practice one’s religion.
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