For Now, the Catholic Church in Washington Is Safe From Big Government
In May, Washington moved to pass SB 5375, a law that would have forced Catholic priests to break the seal of confession by reporting admissions of sexual abuse heard in confession. The bill singled out clergy while carving out “privileged communication” for other professionals, creating an obvious constitutional problem. Governor Bob Ferguson signed it, leaning on his professed Catholic ties even as the law targeted a core religious practice.
SB 5375 is the latest attempt by Washington state Sen. Noel Frame to force Catholic priests to break the Seal of Confession and reveal what they hear in the confessional – or go to jail. The bill explicitly singles out priests, removing their “privileged communication” exception, while allowing it for professionals who may hear of abuse.
Frame previously cited the Catholic Church’s support for penitential secrecy in her decision to no longer practice Catholicism. However, she already had a history of supporting abortion and the LGBT movement, as LifeSiteNews previously reported.
“At this time the Washington State Catholic Conference has no comment,” Tracey Yackley told LifeSiteNews on Friday morning when asked prior to the signing for comment.
The proposal even offered exemptions for attorneys and other privileged relationships, but not for priests, singling out a religious sacrament for special punishment. The Diocese of Seattle responded forcefully, warning that any priest who obeyed the law over God would face ecclesiastical penalties. In a statement the Diocese wrote, “Catholic clergy may not violate the seal of confession — or they will be excommunicated from the Church. All Catholics must know and be assured that their confessions remain sacred, secure, confidential, and protected by the law of the Church. The Catholic Church agrees with the goal of protecting children and preventing child abuse,” it continued, before reiterating the Church “remains committed to reporting child sexual abuse, working with victim survivors towards healing and protecting all minors and vulnerable people.”
A federal judge blocked the law over the summer, citing First Amendment violations.
Assistant Attorney General Harmeet K. Dhillon sounded the alarm on social media, writing on X, “Washington’s new law forces priests to choose between violating their faith or breaking the law. That’s unconstitutional. The @CivilRights Division has opened an investigation into SB 5375’s apparent attack on the First Amendment and religious liberty. We will not look away.” That federal review underscored the constitutional risks of targeting one faith for different treatment.
That investigation is not needed, at least for now. The Washington Catholic Conference announced a deal today with the state, and the unjust attack on the Church is paused for the moment.
The Church’s legal allies explained the basis for the action in a formal statement, and the statement made clear the practical stakes. It read, “Washington’s law would have required priests to report information shared within the confines of the sacrament of confessional. Washington claimed the law was designed to protect minors but still permitted attorneys and others to maintain confidentiality when given identical information. With the help of WilmerHale, @becketfund, and @1stLiberty, we filed a lawsuit to block the state from targeting the Sacrament of Confession.”
“A federal court blocked the unconstitutional law earlier this summer, recognizing that the ‘targeted exception for clergy raises concerns.'”
For context, the law would have threatened clergy with penalties up to 364 days in jail, a $5,000 fine, and potential civil liability for refusing to betray penitents. That kind of coercion would force priests to choose between obeying God and obeying the state, a choice neither the First Amendment nor common decency should allow. Republicans and religious liberty advocates view the settlement as a necessary pushback against overreaching government.
This episode is part of a pattern in Washington state where lawmakers have repeatedly tried to single out the Church, including the earlier SB 6298 effort in 2024 that failed to advance. If the stated concern really was consistency, lawmakers would have removed privileged communication protections for everyone, not just priests. Instead, the targeting makes the motive obvious: some in power see the Church as an ideological opponent rather than a community to protect.
Defending the seal of confession doesn’t mean opposing child protection; the Church supports mandatory reporting outside the confessional and has protocols for that. But forcing priests to betray a sacrament under threat of jail is both unconstitutional and counterproductive to pastoral care. Expect more fights ahead, because when government starts trimming religious liberty it rarely stops at a single law.
