Washington State: Confessors Must Report Abusers

On February 28, 2025, a Washington State law abolishing the secrecy of confession, under penalty of imprisonment, was passed in the Senate by a vote of 28 to 20, and in the House of Representatives by a vote of 64 to 31. The law requires clergy to report cases of child abuse that come to their attention, without exception for cases discovered through confession. The law was signed on May 2 by Governor Bob Ferguson, a Democrat.

Seattle Archbishop Paul D. Etienne responded by reiterating that this law makes "all members of the clergy mandatory whistleblowers of abuse, without exception for the privileged communication between priest and penitent during the sacrament of reconciliation." In other words, in Washington State, Catholic clergy are now required to violate the seal of the confessional.

Archbishop Etienne quoted St. Peter before the Sanhedrin: "We must obey God rather than men" (Acts 5:29). This is our position regarding this new law. Catholic clergy cannot violate the seal of confession under penalty of excommunication. All Catholics must be assured that their confessions remain sacred, secure, confidential, and protected by Church law.

He maintains that the Church is fully committed to working for the protection of children and the prevention of abuse. He reiterated that the Archdiocese of Seattle "is committed to reporting child sexual abuse, helping victims heal, and protecting all minors and vulnerable people."

He acknowledged that the law "already requires priests to be mandatory reporters," but added, "not if this information is obtained during confession." He further emphasized that "the Catholic Church in the United States has been committed to preventing sexual abuse for many decades" by reporting cases and cooperating with civil authorities.

Thomas Daly, Bishop of Spokane, in eastern Washington, similarly stated that the clergy would not break the secrecy of confession, even if the law required it. "Shepherds, bishops and priests are committed to keeping the seal of confession – even to the point of going to jail," he said.

History of the Bill

For three years, various attempts have been made to weaken the protection of "privileged communications," with little success. Discussions took place between the Washington State Catholic Conference and legislators, but ultimately failed during this session, leading to the passage of the most extreme version of the bill, signed by the governor. 

This law violates the First Amendment to the United States Constitution, which states: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." With this law, Washington State specifically targets religious behavior and interferes with Church law and the practice of the sacrament of penance.

Other American states have attempted this same interference with Church law: Montana, Delaware, and Vermont; however, such bills have not been successful.

In several Australian jurisdictions, particularly Queensland, priests have been legally required for several years to report child sexual abuse, even if the information is received in confession. Failure to comply with this obligation can result in imprisonment.