Washington will not require clergy to report child abuse learned through confession

Washington will not require clergy to report suspected child abuse or neglect learned through confession or privileged conversations, following a legal settlement announced Friday.

The settlement comes after the Catholic bishops of Washington, including Spokane Bishop Thomas Daly, alleged that the state was “targeting the Roman Catholic Church in a brazen act of religious discrimination” after the Legislature adopted a mandatory reporting requirement for members of clergy earlier this year.

“Preventing abuse and upholding the sacred seal of confession are not mutually exclusive – we can and must do both,” Jean Hill, Executive Director of the Washington State Catholic Conference, said in a statement Friday. “That’s why the Church supported the law’s goal from the beginning and only asked for a narrow exemption to protect the sacrament. We’re grateful the state ultimately recognized it can prevent abuse without forcing priests to violate their sacred vows.”

Under current state law, a variety of professions that frequently interact with children, including police officers, nurses and school personnel, are required to report incidents of suspected abuse within 48 hours, with failure to do so considered a gross misdemeanor.

Unlike previous versions of the legislation, the bill passed this year did not include an exemption for “penitential” communication between clergy and a congregation member, such as in the confession of sins.

Failure to comply with the law may result in up to 364 days in jail and a fine of up to $5,000.

According to the Attorney General’s Office, clergy will remain mandatory reporters unless the information is solely learned through confession or equivalent communications.

“Today’s agreement respects the court’s decision in this case and maintains important protections for children,” Attorney General Nick Brown said in a statement Friday. “It keeps crucial portions of Washington’s mandatory reporting law in place, while also preserving the Legislature’s authority to address issues with the law identified by the court.”

The law adopted by the Legislature sparked a federal lawsuit, an investigation by the Department of Justice over claims of anti-Catholic bias and vows by Catholic leadership in Seattle and Spokane that their congregations would not fully abide by the requirement.

Shortly after the bill was signed into law, Daly, Seattle Archbishop Paul Etienne and Yakima Bishop Joseph Tyson filed a federal lawsuit against Gov. Bob Ferguson, Attorney General Nick Brown and Washington’s 39 county prosecutors, alleging the law “constitutes religious discrimination.”

“Without any basis in law or fact, Washington now puts Roman Catholic priests to an impossible choice: violate 2,000 years of Church teaching and incur automatic excommunication or refuse to comply with Washington law and be subject to imprisonment, fine, and civil liability,” the complaint stated.

The lawsuit alleged the mandatory reporting requirement violates the Free Exercise and Establishment Clauses of the First Amendment, the Equal Protection Clause of the 14th Amendment, and the Washington Constitution.

“Washington was wise to walk away from this draconian law and allow Catholic clergy to continue ministering to the faithful,” Mark Rienzi, president and CEO of Becket, which represented Daly, Tyson and Entienne, said in a statement Friday. “This is a victory for religious freedom and for common sense. Priests should never be forced to make the impossible choice of betraying their sacred vows or going to jail.”

Judge David Estudillo blocked the law days before it was set to take effect this summer. In his ruling, Estudillo found that the bishops were “likely to succeed on the merits of their argument” that the law violates the First Amendment because “the law eliminates the privilege communication exception as to clergy but maintains it for others and does not establish a general mandatory reporting requirement.”

Sen. Noel Frame, D-Seattle, the bill’s sponsor, introduced similar legislation in 2023 and again in 2024. In 2023, a proposal that did not include an exemption for confidential penitential communication was rejected. The version Frame proposed last year would have established a “duty to warn” for abuse disclosed in penitential communication, though that, too, failed.

In May, the Department of Justice announced an investigation into the legislation, alleging it “appears on its face to violate the First Amendment.” According to the Department of Justice, the investigation is led by the agency’s Civil Rights Division.

Following the settlement, Daly, Entienne and Tyson released a joint statement saying they were grateful “that this matter has been resolved in a way that respects our duty to prevent abuse and our right to religious freedom.”

“This outcome protects not only the religious freedom of Catholics, but also people of all faiths across Washington,” the statement said.