A federal court on Friday sided with Catholic priests in Washington state seeking to preserve the confidentiality of confession, ruling that a new law requiring clergy to report suspected child abuse may violate the First Amendment.
The stipulation order said the measure, signed in May by Democratic Gov. Bob Ferguson, unlawfully intrudes on “the free exercise of religion … as applied to the Catholic Sacrament of Confession.” The court added that “serious questions” remain over whether the statute also breaches the Constitution’s Establishment Clause and the Church Autonomy Doctrine. (RELATED: Church of England Leaders Let ‘Marginalized’ Graffiti Artists Deface Canterbury Cathedral)
State and county prosecutors agreed to stop enforcing the law’s reporting mandate for information revealed “through confession or its equivalent in other faiths,” Democratic Washington Attorney General Nick Brown said in a statement.
Clergy who learn of abuse outside the confessional remain legally obligated to report it.
For centuries, the Catholic Church has upheld the belief that confession is a sacred encounter between a repentant sinner and God, acting through the priest, and most remain confidential to encourage such repentance. Priests have been imprisoned, tortured, and even killed for…
— Washington State Catholic Conference (WSCC) (@WACatholics) October 10, 2025
“Washington was wise to walk away from this draconian law and allow Catholic clergy to continue ministering to the faithful,” Mark Rienzi, president and CEO of Becket, which served as co-counsel in the case, told the Daily Caller. “This is a victory for religious freedom and for common sense. Priests should never be forced to make the impossible choice of betraying their sacred vows or going to jail.”
The Washington governor, who is Catholic and whose uncle was a Jesuit priest, said in May that the law was “pretty straightforward,” the Caller previously reported. “I felt this was important legislation and protecting kids is first priority,” he added.
Jean Hill, executive director of the Washington State Catholic Conference, said in a statement posted to X that the ruling shows that “preventing abuse and upholding the sacred seal of confession are not mutually exclusive.” She said the Church backed the law’s broader aim and only sought “a narrow exemption to protect the sacrament,” adding that she was grateful the state “recognized it can prevent abuse without forcing priests to violate their sacred vows.”
Brown said the agreement “respects the court’s decision” while maintaining “important protections for children,” keeping the state’s mandatory reporting framework intact and leaving room for lawmakers to address the court’s concerns.