Judge affirms First Amendment protections for Catholic confessions in stipulated injunction resolving months-long litigation
A federal court in Tacoma will permanently bar the State of Washington from enforcing a 2025 amendment to its mandatory reporting law that would have required Catholic priests to report information learned in the Sacrament of Confession. The injunction, issued on October 10, 2025, concludes a high-profile First Amendment lawsuit brought by Catholic bishops and joined by the U.S. Department of Justice.
The legal dispute arose after the Washington Legislature passed Senate Bill 5375 to eliminate the clergy-penitent privilege for child abuse disclosures made during confession. Catholic leaders filed suit, arguing the law would force clergy to violate core tenets of their faith. The Department of Justice intervened, raising concerns about religious freedom.
Under the agreement, the court entered a permanent injunction preventing the state from enforcing the amended law as it relates to any information learned solely through the Catholic Sacrament of Confession or other communications protected by clergy privilege under state law. In addition, the state and county prosecutors agreed not to appeal the ruling or challenge its enforceability in any forum.
Plaintiffs included Archbishop Paul D. Etienne and other Catholic clergy across Washington. Their complaint, filed in May 2025, alleged the statute violated the Free Exercise Clause of the U.S. Constitution, as well as the Washington Constitution’s religious protections. The preliminary injunction was granted on July 18, 2025, after the court concluded plaintiffs were likely to succeed on the merits.
The ruling emphasized that the statute, as amended, would infringe religious freedom by compelling clergy to break the confidentiality of confession, a sacrament central to Catholic doctrine. The court also found serious questions about the law’s compatibility with the Establishment Clause and the Church Autonomy Doctrine.
The final stipulated judgment grants the injunction with the same force and effect as a ruling following trial or dispositive motion. It explicitly bars enforcement of the law as applied to confessions and affirms that clergy retain the same legal privilege afforded to other mandatory reporters under Washington law.
All parties—including 38 county prosecutors named as defendants—waived any claim for attorneys’ fees or costs and agreed not to appeal. The case is now closed, with no further proceedings expected.
This case shows how courts balance government interests with constitutional rights. Washington passed a law meant to expand mandatory reporting of child abuse. But by removing the clergy-penitent privilege, the law crossed into constitutionally protected religious territory. For Catholic clergy, the confessional is not just private, it is sacred and inviolable.
The court’s decision is based primarily on the Free Exercise Clause of the First Amendment. That clause prevents the government from forcing religious believers to violate their faith. Here, the court found that forcing priests to disclose what they hear in confession would do exactly that. The law also raised concerns under the Establishment Clause and the Church Autonomy Doctrine, both of which limit government interference in religious affairs.
The fact that both the State and county prosecutors agreed not to appeal shows that they likely saw little legal ground to stand on. It also avoids a protracted court fight that could have gone all the way to the Supreme Court. By settling now, the state acknowledges that religious liberty protections in this area are likely to hold.
For the public, this does not mean that clergy are exempt from all reporting requirements. Outside the confessional, clergy remain mandatory reporters.
While courts must uphold constitutional rights, including religious freedom, those rights must be interpreted and applied in ways that do not weaken safeguards for vulnerable populations. Policies should be crafted to respect religious practice while ensuring that abuse cannot be concealed or ignored under any guise.
Future legislative efforts should seek narrowly tailored solutions that both preserve core religious liberties and guarantee clear, consistent reporting obligations for those who interact with children. The state’s duty to protect children must be clear, enforceable, and prioritized across all institutions.
Child safety is not secondary—it is essential.
Tags: Washington clergy law, Catholic confession lawsuit, Senate Bill 5375, First Amendment religion, federal injunction clergy