As noted in Catholic World Report, on May 2, 2025, Washington’s Democrat Governor Bob Ferguson signed Senate Bill 5375, “An ACT Relating to the duty of clergy to report child abuse and neglect” into law. A putative Catholic, Ferguson was untroubled that the statute, which goes into effect July 27, 2025, radically impinges on religious freedom by adding clergy, without exception, as mandatory reporters of child abuse and neglect.
Section 2(a)(b) of the law goes so far as to require, “Except for members of the clergy, no one shall be required to report under this section when he or she obtains the information solely as a result of a privileged communication….”
In light of how SB 5375 trammels religious freedom, this column briefly highlights the statute’s background before examining applicable canon law and American law. It then reflects on why SB 5375 is a serious threat to religious freedom for all Americans, leading the Federal Department of Justice to initiate a civil rights investigation on the basis that it “appears on its face to violate the First Amendment …[because it] appears to single out clergy as not entitled to assert applicable privileges, as compared to other reporting professionals.”
Senate Bill 5375
Having failed to do so on three previous occasions, critics and abuse victims of how leaders in the Catholic Church and Jehovah’s Witnesses handled complaints sought to close what they described as “a loophole” in Washington’s reporting laws.
Earlier versions of the law exempted clergy from having to report abuse if they learned of incidents during Confession or sessions in which persons sought spiritual counseling.
Describing current law as weak, the bill’s prime sponsor, Senator Noel Frame (D-Seattle), pointed to a federal study indicating that Washington was one of only a small handful of jurisdictions neither explicitly nor implicitly requiring clergy to report suspected child abuse or neglect.
Still, most, but not all, states respect the seal of Confession.
Legal Status of the Seal
The earliest reference to the seal of Confession was in 1151 in the work of the theologian Gratian., In compiling the edicts of Church councils, Gratian observed: “Let the priest who dares to make known the sins of his penitent be deposed.” The 2015 Fourth Lateran Council promulgated the earliest official Church pronouncement that “the priest absolutely beware that he does not by word or sign or by any manner whatever in any way betray the sinner.”
Later in the century, Thomas Aquinas’ Summa Theologica devoted a chapter to the seal. More recently in 1914, question 86 of St. Pius X’s Catechism reiterated the long-standing belief that “the confessor is bound by the seal of Confession under the gravest sin and under threat of the severest punishments both temporal and eternal.”
Church law, starting with Canon 983, emphasizes that the “sacramental seal is inviolable; therefore it is absolutely forbidden for a confessor to betray in any way a penitent in words or in any manner and for any reason.” Further, Canon 1388 dictates that priests who violate the seal are subject to excommunication, a position Section 1467 of the Catechism of the Catholic Church reiterates.
In the limited amount of civil litigation on the seal of Confession, the first reported case on its recognition and protection occurred in 1913’s People v. Phillips. An appellate court in New York upheld the priest-penitent privilege under the seal on state constitutional grounds. The court agreed that forcing the priest to testify about what he heard in Confession when he ordered a penitent to return the jewelry he stole as his penance would have violated both common law principles and the religious liberty clause in the state constitution.
More recently, although not involving Confession, in 2013’s State of New Hampshire v Willis, its highest court affirmed that because the remarks a criminal defendant made in a conversation with his Baptist pastor about having been the aggressor in a sexual relationship with a minor, his words were subject to disclosure insofar as they were not covered by religious privilege.
Reflection and analysis
In defending the inviolability of the seal of Confession, let me emphasize that I have no sympathy at all for evildoers who freely engage in heinous criminal acts of sexual misconduct with minors. Individuals who abuse children must be punished to the full extent of the law.
As an initial concern, SB 5375 clearly violates the religious freedom enshrined in the First Amendment, which states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof,” by infringing on matters beyond state authority. Further, Sen. Leonard Christian (R-Spokane Valley) voiced a key concern during a debate on it in February. He cautioned that the bill “is forcing somebody who’s given their entire life–raised their hand, made an oath with God almighty to choose between God’s law and man’s law.”
Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division echoed these words in recognizing that “SB 5375 demands that Catholic Priests violate their deeply held faith in order to obey the law, a violation of the Constitution and a breach of the free exercise of religion cannot stand under our Constitutional system of government,
On the other hand, when speaking with reporters after signing the bill, Gov. Ferguson commented that, as a Catholic, he viewed the bill as “pretty straightforward.” Then, in a non-sequitur, he said that because his “uncle was a Jesuit priest for many years, (I’ve) been to confession myself–and so I’m very familiar with that,” adding, “I felt this was important legislation and protecting kids is first priority.”
However, it is unclear how ignoring the sacred nature of the seal of Confession by placing priests in positions where they must either violate their word to God of state law protects children. Hopefully, American priests will not have to follow the path of their brothers who witnessed to the faith by becoming martyrs rather than violate the seal by revealing what they heard from penitents.
On May 2, 2024, repeating his earlier opposition to a proposal similar to HB 5375 and support for the seal, Bishop Daly wrote, “I want to assure you that your shepherds, bishops and priests, are committed to keeping the seal of confession–even to the point of going to jail. The Sacrament of Penance is sacred and will remain that way in the Diocese of Spokane.”
Because HB 5375 raises serious concerns amid ongoing threats to religious freedom, one hopes that, in light of the investigation the Department of Justice has initiated, Washington will revise the laws in order to respect the integrity of the seal by not attempting to single out priests to violate their obligation to never reveal what they hear in Confession. If this bill is allowed to stand, religious freedom in the United States may be at grave risk of death by the first of the proverbial thousand cuts.
While the government has a duty to adopt and enforce laws designed to protect children from sexual abuse, HB’s 5375’s denial of protection to the seal of Confession creates a slippery slope that damages and undermines religious freedom. More specifically, even as the United States Supreme Court has adopted a more religion-friendly attitude, this bill is part of efforts pushing the boundaries of how far civil authorities can intrude on the internal workings of faith-based organizations and their spiritual leaders, even if supposedly pursuing the worthwhile goal of protecting children.
If HB 5375 withstands the challenge from the Department of Justice, it is unclear where the limit will be on matters involving Church teachings to ensure conformity with the attitudes or values public officials think churches and their clergy should adopt.
In sum, the seal of Confession must remain inviolable because it is in the best interest of all that individuals have the religious freedom to speak openly and honestly, in complete confidence with their faith leaders, without fear that their conversations might be disclosed to others.
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Washingon State, as well as the entire West Coast, is in serious need of a profound evangelization effort on the part of the Church. I’d suggest that we send in the Franciscans to repeat their heroic efforts of yesteryear, except that the Franciscans have need of evangelizatuon themselves. Who can we send to convert their hearts to that of Christ’s?
Hey, lighten up! It is only Washington and Oregon that qualify as the least religious states in the nation.
And Washington is nosing ahead. Even before the United States issued its 1973 Roe v Wade fatwa, the bellwether Washington State was already the first society in the history of the world (!) to approve abortion by popular vote (1970). Also, the first by legislative action and a failed initiative to approve the oxymoron of gay “marriage” (2012). The state is probably second only to Oregon in approving physician-assisted suicide (2008). And, second to Colorado to legalize marijuana. And, the first to legalize the composting of human remains (2020). And, identified by a national survey in 2024 as the least religious state in the Union.
And now, the virtue-signal bugging of anonymous (!) confessionals.
So, don’t Californicate our decomposing state.
To be fair, West Virginia is on the list of states that attempt to compel clergy to violate the seal of the confessional, at least under certain circumstances. This is not really a red state / blue state thing — West Virginia is as red as they come, and in many ways a “conservative” state, though the meaning of that word is less and less clear each year.
One thing that stands out about West Virginia, at least in the Huntington area, is the large number of nude bars and strip clubs for such a small population. This has apparently been the case for decades. I’m not sure if there’s a connection, but there might be.
“Washington State’s bill openly attacks the Catholic faith.” – A statement of the obvious.
The Governor, who says he is a ‘catholic’ (small c) signs it.
Can you say ‘excommunication’ boys and girls?
The governor is a progressive democrat, which means he is not Catholic in any genuine sense of the word. It also means that it is unlikely that he will be held accountable for his actions by a progressive church hierarchy that largely supports and embraces his views. Just don’t be celebrating the traditional Latin mass, though. Truly a sad state of affairs.
“Can you say ‘excommunication’ boys and girls?”
Saying it is about as far as the matter goes any longer — witness the lack of serious consideration given the option for Catholic politicians who trip over themselves rushing to support more abortion.
The resolution may be quite simply returning the veil to the confessional precluding the priest from seeing or identifying the person and make absolution conditional upon the person turning themselves into authorities to atone for their sins. The Church the give to the state what is due though they are servants to God first and foremost.
I think a screen in Confession is the way to go but is it Church teaching that absolution’s dependent upon someone turning themselves into law enforcement?
I don’t know.
Have you ever seen the movie “I Confess”? It’s an oldie but a goodie, and it is pertinent to your question.
I is a great movie, Outis.
It, not I, obviously. 🙂
Wonderful Alfred Hitchcock movie! I really recommend watching ” I Confess.”
And I recommend that to the powers that be in Washington state also.
Anyone opposed to this law is really announcing that they either see nothing wrong with people being abused or they might be abusers themselves.
Sorry not sorry, victims of abuse deserve safety and justice more than some pervert needs to keep their crimes hidden behind a door of religion. It’s not persecution to want to weed out abusers. However it is persecution to not support and help victims.
If offenders know their sins will be revealed to law enforcement why would they confess them in the first place? Why not just save a step & turn themselves in?
…whose sins you forgive are forgiven them, whose sins you hold bound are held bound.”
punishment and forgiveness are basically mutually exclusive — the one robber still endured his punishment but he was forgiven by Him and promised Paradise that day
Nicole, it’s too bad that you can’t jugggle more than one ball at a time. Keep practicing. Soon, you’ll get the hang of it.
Dio- it’s too bad you were never blessed with a working brain. I am sorry God made you a retard.
NicoleC: Unfortunately, you chose to slander the name of God. Are you sure you want to do that?
Whoa- so name calling someone a “retard” is okay? Isn’t that considered verbal abuse? How insulting to actual retarded persons by weaponizing their condition to defend yourself against an argument you’re not going to win.
Just curious — what other promises made to God can you find a really good reason to break?
This is about keeping the government from running our churches the way they do in China. Its too bad liberals are too dim to see past the tip of their outrage to see the larger picture. Its bad enough we allowed them to order our churches closed for months on end during covid. For the only time in 2000 years, government over reach finally did what the Roman emperors could not–forced close the churches. Now we have those who want them in the confessional with us?? Its a slippery slope. What is the next sin that they would want priests to reveal?? Murder? Drunk driving? The answer is NO. It doesnt mean you approved of sexual abuse. It means you believe in the tenets of your religion. In confession, privacy must be absolute. Priests are not cops and should not have to behave as though they are. This law was directed at the Catholic church, period. There was no proviso in the law that LAWYERS must turn their clients over to the police. Just priests. They are all about eradication of religion, as communists always are. Make your voices heard before you are no longer allowed to speak. ( like those arrested for thought crimes in the UK, for praying in SILENCE near an abortion clinic.)
Just admit you enjoy abusing others which is why you defend the right to hide abuse so vehemently.
Just admit you’re a leftist who can’t stand the idea that people can have an opinion which differs from yours for purely legitimate reasons.
I think sexual abuse is a horrific crime. But I think govt should butt out of religious practice. Period. I highly doubt any abuser would ever confess this sin. I think this law is an excuse to dismantle and destroy catholic religious practice, and a way to begin their government slide down a slope of ordering the church to do other things or give up other private information. They can take a walk..
Nicole — I’d like an answer to my earlier question. If you can find a really compelling reason to break a sworn promise to Almighty God, where would you ever find any reason to honor such a promise? I’ll wait.
One last thing I’d like to add Miss C:
Look at the headline photo above. Even if priests were allowed to break the seal of confession, how could he identify who the penitent is if said penitent is using the screen?
Face to face confession is common in the Roman Church, and almost completely standard in the Eastern rites, but nevertheless, the confidential nature of the Sacrament is and WILL be preserved, as no state or federal law can undo Catholic Church law. Also, the very fact that you are accusing people (including myself) of taking pleasure in seeing people get abused just because they don’t support this “law” is just about as dumb a statement as the bill itself.
No, I’d say it’s more similar to the reason doctors are not allowed to publicly shame every patient with, say, HIV. I suspect Nicole would realize that if people knew their doctors would post their HIV status publicly on the Internet, people at risk would simply not go to doctors at all. Not only would they not receive treatment, they would continue to spread the infection. Not all infections are viruses or bacteria.
The Babylon 5 episode “Confessions and Lamentations” (Season 2, Episode 18) is relevant to this discussion.
Nicole C:
You are misinformed. If a priest breaks the seal of confession, not only is he automatically excommunicated, but it’s also a major sin in which only the Pope of Rome can grant absolution. Holding fast to the confessional seal is NOT detrimental to victims of abuse. The bill violates the US Constitution (something that you and like minded people weaponize to push the abortion agenda). Not only does the Seattle Roman Rite Archdiocese oppose it, but so does the Phoenix Byzantine Eparchy. The law is unlawful, and is contrary to God’s law, so therefore it ceases to be a law.
Thanks for the comments.
The archbishop has said that priests who follow the law will be excommunicated.
This law clearly crosses the line.
Charlie
I don’t think this is the bishop’s call to make. As I understand it, this is automatic excommunication that can only be lifted by the Pope himself.
Charles – your 12:14 – I did not know that. I’m glad he did it, IMO he made it official – any Priest who breaks the seal of the confessional is automatically excommunicated. Thus it was, thus it remains, thus it shall remain – forever.
Athanasius – thanks for your reply.
“A sad state of affairs” – no argument there.
“unlikely he will be held accountable” – wanna run that one by me again? (no sarc intended)
Viva Il Papa!
Based on current trends, it seems that progressives can act in ways that clearly violate biblical teaching, and no one administers consequences. People like Pelosi and Biden should have been excommunicated a long time ago, along with James Martin, SCH
I just don’t get their calculus on this; the chances of SB 5375 withstanding scrutiny on review has got to be slim. Are these WA politicians so desperate to pander to their base?? I don’t see this going well for their designs & Lord knows there are many, many priests who will not hesitate to accept “disgrace” for the sake of the confessional seal.
Anyone who understands Catholicism and regularly attends the Sacrament of Reconciliation emphatically understands that no priest would ever breech the Sacramental seal of Confession. So what does that say about this Governor? I’m not saying that he is a pretend Catholic that has he never been to Confession but I’ve known many non-Catholics who have a much better understanding of our Sacramental Seal of Reconciliation.
This governor knows EXACTLY what he is doing. He has put his faith aside for the sake of retaining secular power. It really is that simple. Judas is a word that comes to mind.
This topic has been in the air and in other places before. Years ago a priest who I knew received a subpoena to testify in a murder trial. To his credit, he explained why he did not show up in court. He was never penalized for that and a successful prosecution happened without his testimony. I remember the priest well and deeply admire his adherence to his vows and the seal of confession. In the secular world, should the question of fairness be brought up? If the government expects priests to violate the seal of confession then there can no longer be private attorney client privileges, no more private consultation in judges chambers, no more in private jury deliberations, no more hiding the name of insurance companies in an injury trial, no more corporate discussions in private about personal matters, human resources departments must now explain their methods in choosing candidates for employment, everyone’s salary must be disclosed, the government must openly discuss all military and national security secrets, nothing is protected for anyone. To require in law priests to disclose what is heard in the sacrament of confession therefore implies the epitome of hypocrisy by those who advocate the passage of this law which is clearly against the gift of the mercy of God. I am only a lay person, but if a dying person told me things in the belief that I was a priest, what obligation would I be under? That question, very rare and hypothetical as it is, seems to place even the laity under the seal especially if they overheard a penitents confession in some accidental way. I feel I would be obligated to remain silent just as the moranda warning applies to one be arrested for any crime. The right to remain silent.
All this said, certainly our children need the top of sincere protection from abuse and coercion by those bent on harming them. Children are encouraged to honestly report abuse.
I also believe as well, the worst infraction of God’s law is to falsely acuse a priest of wrongdoing and is worse than the abuse of children.
I don’t think this is the bishop’s call to make. As I understand it, this is automatic excommunication that can only be lifted by the Pope himself.
Where is this going? How many child molesters go to confession in the first place? Priests are not revealing any such information, so how can anyone determine that this is a pressing problem that warrants such legislation in the first place? This is a not so subtle attack on on Catholicism, and by implication, a veiled attack on religion in general. Are we seeing a double standard being advanced? Must an attorney now reveal information about any crimes revealed to them by their clients??
Imagine fighting this hard for the right to protect child abusers. All clergy, of all denominations, should be mandated reporters. The safety of children is more important than that of their abusers. Or their abusers’ church. The Catholic Church demonstrates once again that it is comfortable with child abuse by its members and clergy.
Child abusers commit evil and are mentally unstable. They are equally in need of God’s mercy just as all of us sinners are. They are humans created in the image and likeness of God, just like anyone else. Priests are already mandated reporters outside of the confessional. Their job inside the confessional is to be a spiritual guide for the penitent. This law interferes with religious freedom and will do nothing to help victims of abuse. In fact, it may make it worse by discouraging an abusers to come forward. Any priest will encourage the abuser to turn themselves in and get psychological help before giving absolution. So it’s not a “free pass” to hide abusers.
My pastor told me that one of the auxiliary bishops sat in on these meetings in the formation of the law and someone there said, “We just need to eliminate the Catholic Church.” So yeah, this law is a hit job on the Church. It reeks of Soviet-style “concern” by taking everyone’s rights away.
Why limit that to confessions of child abuse? What about elder abuse, abusers of the disabled and vulnerable? Or serial sex offenders and murderers? Terrorists?
There’s a reason that only the abusers of minors and Catholic priests hearing Confessions have been linked together for political purposes.
what about adulterers? tell the unknowing spouse, hey while you are out of town on business killing yourself guess what?
Right. Also, why does the Washington state still protect the attorney-client privilege and spousal immunity? Why hasn’t Washington state made spouses and attorneys mandatory reporters?
On its face, the new Washington state law clearly discriminates against the Catholic priest. Hmmmm…..
It is difficult to be Catholic in Washington state. The Catholics there have exceptional bravery and courage. I couldn’t take it any more. My husband and I just left.I am pleased and grateful to be in Catholic country. Please please pray for the west coast. It is so sad.
We know families who escaped the West Coast for our state.
We’re consistently on the very bottom of every “Best State to live in” ratings but at least we have real religious freedom here.
As a Catholic living in Washington, I thank you for your support. Peace be with you Mrs Erb.