New law eliminates clergy-penitent privilege in abuse cases, prompting resistance from Catholic leaders
On May 2, 2025, Washington Governor Bob Ferguson signed Senate Bill 5375 into law, mandating clergy members to report suspected child abuse or neglect, even if the information is obtained during the sacrament of confession. This legislation positions Washington among a minority of states that do not exempt confessional communications from mandatory reporting laws.
The law, effective July 27, 2025, adds clergy to the list of mandatory reporters, aligning them with professions such as teachers, nurses, and social workers. It defines “member of the clergy” broadly, encompassing ordained ministers, priests, rabbis, imams, elders, and similar religious leaders.
The Washington State Catholic Conference opposed the legislation, arguing that it forces priests to violate the sacred seal of confession, a core tenet of Catholic doctrine. Bishop Thomas Daly of Spokane stated that clergy in his diocese would uphold the confidentiality of confession, even under threat of legal consequences.
The law’s passage follows similar legislative efforts in other states, such as Montana, Delaware, and Vermont, where proposals to eliminate clergy-penitent privilege in abuse reporting have been introduced but failed to advance.
As the law takes effect, it is anticipated that legal challenges may arise, particularly concerning First Amendment protections of religious freedom. The outcome of such challenges could have implications for similar legislation in other jurisdictions.
St. John Nepomucene, a 14th-century Bohemian priest, is venerated in the Catholic Church as the first martyr of the seal of confession. Serving as confessor to Queen Sofia of Bavaria, wife of King Wenceslaus IV of Bohemia, he was ordered by the king to reveal the queen’s confessions. Upon his refusal, the king subjected him to torture and ultimately had him drowned in the Vltava River in 1393. Nepomucene was canonized in 1729 by Pope Benedict XIII and is often depicted with a finger to his lips, symbolizing his commitment to the confidentiality of confession.