In May 2025, Washington state passed a landmark bill requiring clergy to report suspected child abuse, even if the information is revealed during confession.
While the measure is intended to close loopholes that have allowed abuse to go unreported for decades, Catholic doctrine forbids priests from disclosing anything said in confession — even admissions of child abuse.
Just days before the law was set to take effect, Catholic Bishops and the U.S. Department of Justice (DOJ) under President Trump filed a federal lawsuit to block it. On July 25, a judge granted a preliminary injunction, pausing its enforcement.
Church officials argue that the law violates religious freedom, but survivors of clergy sex abuse and advocacy groups say it’s a vital safeguard to prevent future harm. They believe protecting children should outweigh preserving secrecy in the confessional.
At Sokolove Law, we're committed to helping survivors of childhood sexual abuse seek justice. We've worked with many survivors to hold institutions like the church accountable for failing to protect them from harm.
Understanding the Washington Child Abuse Reporting Law
Washington State Senate Bill 5375 requires clergy of all denominations to report suspected child abuse to the authorities within 48 hours, even if the abuse is revealed during confession.
Clergy were first added to Washington’s list of mandatory reporters in 1971, during a nationwide wave of child protection reforms inspired by the landmark Kempe Report on battered children.
But in 1975, lawmakers quietly removed clergy members from the list in a broader legislative overhaul, with no debate or public explanation. That exemption remained in place for the next 50 years.
SB 5375 restores clergy to the list, putting them under the same legal obligations as other professionals who work closely with children, like teachers, doctors, and police officers.
Similar mandatory reporting laws are being considered in other states. Until this law was put on hold, Washington would have been 1 of only 7 states where clergy are required to report child abuse disclosed during confession.
Religious Freedom vs. Child Protection: The Legal Battle Explained
Within 72 hours of Governor Bob Ferguson signing SB 5375 into law, Archbishop Paul D. Etienne of Seattle, along with the dioceses of Yakima and Spokane, filed a federal lawsuit.
In Etienne v. Ferguson, the Catholic Church argues that the portion of SB 5375 requiring priests to break the seal of confession violates their First Amendment right to religious freedom. A coalition of Orthodox churches also filed a separate suit.
By forcing priests to choose between breaking the confessional seal or facing criminal charges for failure to report child abuse, the Church claims the law places an unfair burden on priests and uniquely targets clergy.
What Is the Seal of Confession?
In the Catholic Church, the Sacrament of Reconciliation, commonly called confession, is considered sacred and unbreakable. Any priest who discloses what is said during confession is automatically excommunicated by the Church.
Confession is viewed as a private encounter between an individual and God, with the priest serving only as an intermediary. Breaking that seal, Church leaders argue, would undermine the sacrament itself.
Archbishop Etienne, the lead plaintiff in Washington’s clergy reporting lawsuit, claims the Church cannot change this requirement, as it is a central tenet of the faith.
The DOJ & Survivors Clash Over Confessional Reporting
While the Church's lawsuit only targets the part of the law that involves confession, the DOJ casts it as a broad assault on religious freedom, seeking to strike down the entire law and restore blanket immunity for all clergy from mandatory reporting.
The DOJ formally intervened by joining the Church's lawsuit, framing the law as a sweeping threat to religious liberty. Assistant Attorney General Harmeet Dhillon claimed that the government should not force religious leaders to violate their faith.
Advocates, including former nun and clergy sex abuse survivor Mary Dispenza, argue that the seal of confession is a church practice, not a divine mandate, that has allowed abuse to thrive in secrecy.
“We want the best of Catholicism, which is protecting children. Secrecy is not the best of the Catholic church. Secrecy protects perpetrators.”
– Mary Dispenza, Clergy Sexual Abuse Survivor
A federal judge’s preliminary injunction temporarily shields Catholic priests in the Seattle, Yakima, and Spokane dioceses from penalties while the lawsuits proceed.
Orthodox priests remain subject to the law unless they get their own injunction.
The Ongoing Crisis of Clergy Sexual Abuse
For decades, religious institutions across the United States have faced a reckoning over systemic clergy sex abuse. Investigations, lawsuits, and survivor testimony reveal patterns of abuse stretching back generations.
Religious organizations linked to widespread sexual abuse include:
- The Catholic Church
- Jehovah’s Witnesses
- Mormon Church (Church of Jesus Christ of Latter-day Saints)
- Southern Baptist Convention
In many of these faiths, leaders made aware of child sexual abuse often fail to report it to authorities, handling cases internally instead. Systems of silence, from cover-ups to the seal of confession, have allowed thousands of abusers to go unchecked.
When there are exceptions to mandatory reporting laws, those who are most vulnerable often pay the price. Sexual abuse can last a lifetime, leading to anxiety, depression, and post-traumatic stress disorder (PTSD).
For survivors, laws like SB 5375 are a stand against decades of institutional protection for abusers.
Get Help from Our Sexual Abuse Attorneys
Religious institutions should never put their reputation ahead of children’s safety, but too often, churches have chosen to conceal sexual abuse rather than confront it. Ending secrecy and cover-ups is essential to preventing further harm.
If you or someone you love is a survivor of sexual abuse, you're not alone — and you have legal rights. For decades, Sokolove Law has stood with survivors, helping them hold powerful institutions accountable and seek the justice they deserve.
Our experienced sex abuse lawyers can handle every step of the legal process, from gathering evidence to filing your claim, so you can focus on healing.
We’ve secured over $10 Billion total for clients harmed through no fault of their own, including those affected by sexual abuse.
Call (800) 995-1212 now or fill out our online form to get a free case review. There are no upfront costs or hourly fees to work with our team.
