Bishops from Washington’s three Catholic dioceses announced a lawsuit Thursday against the state, challenging a newly enacted law that compels priests to report suspected child abuse revealed during confession, even if it violates the sacrament’s sanctity. The May 29th lawsuit labels the legislation a “brazen act of religious discrimination” targeting the Roman Catholic Church.
The suit, filed in the United States District Court for the Western District of Washington at Tacoma (Civil Action No. 3:25-cv-05461), names Democratic Washington Gov. Bob Ferguson, who signed Senate Bill 5375 into law on May 2, along with Attorney General Nicholas W. Brown and the prosecuting attorneys from all 39 of the state’s counties, in their official capacities.
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The Catholic Church has been vocal in its opposition since the bill’s signing. Just three days after the law was enacted, on May 5, the Civil Rights Division of the Trump administration’s Department of Justice announced it was launching a First Amendment investigation into the measure.
Jean Hill, executive director of the Washington Catholic Conference, emphasized the sacred nature of confession in a recent statement. She warned that “any law that jeopardizes it risks discouraging those who recognize the harm they have caused from seeking moral guidance.”
Seattle Archbishop Paul Etienne, according to CatholicVote, also condemned the bill on May 5, reassuring congregants that “all Catholics must know and be assured that their confessions remain sacred, secure, confidential and protected by the law of the Church.”
Similarly, Spokane Bishop Thomas Daly stated on May 2 his unwavering commitment, along with fellow “shepherds, bishops and priests,” to defy the bill. Bishop Daly explicitly declared they were “committed to keeping the seal of confession – even to the point of going to jail.”
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Bishops Paul D. Etienne (Archbishop of Seattle), Joseph J. Tyson (Bishop of Yakima), Thomas A. Daly (Bishop of Spokane), Frank R. Schuster (Auxiliary Bishop of Seattle), Eusebio L. Elizondo (Auxiliary Bishop of Seattle), and priests Michael Kelly, Gary F. Lazzeroni, Jesús Mariscal, Lutakome Nsubuga, Robert Pearson, and Gary M. Zender are among the 11 plaintiffs listed in the suit.
Senate Bill 5375 mandates that clergymen report suspected child abuse and neglect, even if the information is obtained through a confessional, and adds clergy to Washington State’s list of mandatory reporters.
Governor Ferguson, a Catholic himself, defended the legislation, calling it “important” and asserting that “protecting kids is first priority.”
However, the complaint filed by the bishops argues that the Catholic Church already possesses an extensive network of self-imposed policies designed to protect children from sexual abuse and assault. The lawsuit contends that the new law places Catholic priests in “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.”
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The complaint further details the various constitutional challenges to Senate Bill 5375, including:
Violation of the Free Exercise Clause (First Amendment): The lawsuit claims the law burdens religious belief and practice by forcing priests to choose between canonical obligations and state law, and that it targets religious belief by not being generally applicable and treating comparable secular activities more favorably. It highlights legislative history suggesting hostility towards religious beliefs, citing statements from lawmakers and Governor Ferguson about the mutable nature of canon law and the prioritization of state law over religious freedom.
Discriminatory Disadvantage on the Basis of Religion (First Amendment): The complaint argues that the law imposes special disabilities on clergy by stripping them of communication privileges recognized for other professions and individuals (such as attorneys, spouses, domestic partners, and sexual assault advocates) when reporting child abuse or neglect.
Intrusion on Church Autonomy and Ministerial Supervision (First Amendment): The bishops assert that the law impermissibly interferes with matters of Church governance and discipline, specifically the internal adjudication and application of the sacrament of confession, and with the Church’s ability to supervise its ministers. They argue that a criminal prosecution for failure to report would entangle secular courts in religious sacrament.
Commandeering Religious Practices for State Purposes (First Amendment Establishment Clause): The lawsuit states that the law impermissibly requires the state to commandeer the sacrament of confession to serve state purposes, transforming a purely religious act into an “engine of Civil policy.”
Violation of Expressive Association (First Amendment): The complaint alleges that the law fundamentally alters the Catholic Church’s expressive message regarding the confessional seal by pressuring priests to disclose what is said in confession.
Violation of the Equal Protection Clause (Fourteenth Amendment): The lawsuit argues that the law singles out “clergy” as an inherently religious category for a burden not imposed on other individuals or professions who may learn of child abuse through confidential means.
Violation of Article I, Section 11 of the Washington Constitution: The plaintiffs contend that the law interferes with and disturbs their “absolute freedom of conscience in all matters of religious sentiment, belief and worship,” and threatens their person and property on account of their religious practices.
The plaintiffs seek a declaration that Senate Bill 5375 is unconstitutional, both facially and as applied to statements made during Roman Catholic confession, and a permanent injunction preventing its enforcement against Roman Catholic clergy.
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