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Federal Judge Enjoins Washington Law Requiring Priests to Report Confessions

A preliminary injunction exempts sacramental confession from the new reporting mandate ahead of the law’s July 27 start date.

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Overview

  • U.S. District Judge David Estudillo barred enforcement of SB 5375 as applied to information revealed in Catholic sacramental confession under a preliminary injunction.
  • Enacted May 2, SB 5375 removes the longstanding carve-out for clergy from Washington’s mandatory child-abuse reporting law and imposes penalties of up to 364 days in jail or a $5,000 fine for noncompliance.
  • Plaintiffs led by Archbishop Paul D. Etienne argue the statute constitutes religious discrimination by forcing priests to choose between canon law’s seal of confession and state criminal penalties.
  • The Justice Department’s Civil Rights Division joined the legal battle on June 23, framing SB 5375 as an unconstitutional burden on the free exercise of religion.
  • With the law scheduled to take effect on July 27, both the Catholic Church’s lawsuit and the DOJ’s suit remain pending as stakeholders brace for a final ruling.