By Leo Lau

On May 2nd, Washington Governor Bob Ferguson signed controversial law SB-5375, received poorly by both the U.S. government and the Catholic church. The bill made it mandatory for clergy to report crimes revealed through confessions, under threat of fines or imprisonment. Previously, confessions were considered privileged and thus exempt from mandatory reporting of crimes within them.

Confession is defined as the acknowledgement of sinful thoughts and actions. Many religions practice a form of this, but Catholics uniquely emphasize confessions to a priest. Although other forms of Christianity practice forms of confession, this bill affects Catholics disproportionately. 

According to the bill: “Except for members of the clergy, no one shall be required to report under this section when he or she obtains the information solely as a result of a privileged communication as provided in RCW 5.60.060.” By removing privileged communication between clergy and their members, the law subjects clergy to persecution if they are found withholding information obtained through confession.

Under Catholic doctrine, priests are already bound by a seal of confession - an absolute vow of confidentiality in regards to content disclosed during confession. Catholicism explicitly prohibits priests from notifying authorities of any crimes that have been confessed to. As such, despite legal threats, it is unlikely for priests to comply with the law.

In response, Bishop of Spokane Thomas Daly reminded priests that they were obliged to keep the seal of confession, even under threat of jail time. The bishop emphasized that his diocese already has a ”zero-tolerance policy regarding child sexual abuse.” In concluding, he condemned the bill as a violation of the constitutional right to religious freedom. 

The archdiocese of Seattle made similar statements, warning that breaking the seal of confession would be grounds for being kicked from the Church. The archdiocese said: “Catholic clergy may not violate the seal of confession – or they will be excommunicated from the Church.” This bill directly affects over 170 priests in Seattle and 86 priests in Spokane.

The Department of Justice also condemned the law, calling the bill “a violation of the Constitution” and stating that it singled out Catholic priests in particular. With the statement, the D.O.J. formally opened a civil rights investigation into the case. In response, Ferguson’s office made a statement to CBS News, stating: “We look forward to protecting Washington kids from sexual abuse in the face of this 'investigation' from the Trump Administration.” 

On May 29th, the Catholic bishops of Washington jointly filed a lawsuit challenging the bill.  They argued that the law violates the freedom of religion granted in the First Amendment by disrupting the seal of the confessional, as well as violating the equal protection clause in the 14th Amendment.

Washington is not alone in attempting to pass laws on mandatory reporting.  In 2019, SB-360 was proposed in California, but was halted after significant opposition from religious groups, including the Catholic church and the Church of the Latter Day Saints. In 2023, a similar bill was proposed in Vermont, but it was also met with significant opposition.