In a significant shift, Washington has decided to drop its attempt to compel Catholic priests and other religious leaders to disclose information about child abuse and neglect revealed during confessions. Through two recent legal filings, the state has agreed not to enforce a contentious part of a new law that adds clergy to the list of professionals required to report to law enforcement when they have reasonable grounds to believe a child has been abused or neglected.
Documents filed in federal court on Friday maintain most aspects of the law but exclude the controversial confession-related requirement. Catholic bishops and Orthodox churches previously challenged this provision, arguing it violated constitutional rights. The agreements reached by the state align with a preliminary injunction issued by a federal judge, which has kept the confessional reporting requirement from being enforced since the law took effect on July 27.
The law was approved during the legislative session earlier this year, with Governor Bob Ferguson signing it in May. Notably, the Trump administration also supported the churches’ stance in this legal battle. In the lawsuit filed by three Catholic bishops, U.S. District Court Chief Judge David G. Estudillo determined that mandating disclosures from confessions would violate the First Amendment rights of the clergy, forcing priests to choose between adhering to their sacred vows and complying with state requirements.
State attorneys recognized that settling the legal disputes now was the most favorable outcome, given the judge’s reasoning. Catholic leaders and their legal representatives celebrated this outcome as a significant victory. The bishops initiated their lawsuit in May in the U.S. District Court in Tacoma, naming Governor Ferguson, Attorney General Bob Ferguson, and the prosecuting attorneys for all 39 counties as defendants.
The Orthodox Church in America and other religious entities filed a similar case in federal court in Spokane in June. Both cases and the stipulations are currently pending before Judge Estudillo in Tacoma. If he approves the orders, they will be implemented, effectively concluding the legal disputes.
