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Washington Agrees to Permanently Drop Enforcing Law Targeting Catholic Priests

October 13, 2025

In what is being touted as a significant victory for religious liberty, officials in the state of Washington have formally agreed to abandon an effort to force Catholic priests to violate the confessional seal.

Earlier this year, Judge David G. Estudillo of the U.S. District Court for the Western District of Washington blocked a state law that would have required Catholic priests to report child abuse crimes brought to them during the Catholic sacrament of confession, while other professions, such as counselors and therapists, were exempt from the reporting rule. In a pair of court-sanctioned stipulations signed on Friday, Washington formally agreed to abide by Estudillo’s preliminary injunction indefinitely and not to appeal the decision, thus ensuring that the law is not enforced. One document addresses complaints brought by Catholic clergy, the other complaints brought by Orthodox churches.

The agreement blocks state and county officials and prosecutors from enforcing the now-stifled law “as applied to information communicated solely in the Sacrament of Confession, and to information communicated solely in other sacred confidences made to a clergy member in the clergy member’s professional character for which disclosure is prohibited in the course of discipline by the church to which the clergy member belongs.” Under Catholic canon law, the code which governs how the Catholic Church and its clergy operate, priests are forbidden from violating the confessional seal and sharing what has been brought to them in the sacrament of confession. Doing so incurs a penalty of excommunication, the gravest and strongest penalty that the Catholic Church can impose.

“State Defendants and County Prosecutor Defendants agree not to appeal the Preliminary Injunction order … or to appeal from or otherwise challenge the enforceability or validity of this Stipulated Permanent Injunction Order and Final Judgment, or any other rulings entered to date in this matter by this Court, in this or any other proceeding,” the legal agreement continued. “State Defendants and County Prosecutor Defendants agree that the Court’s Stipulated Permanent Injunction Order and Final Judgment in this matter has the same force and precedential effect as if it had been entered following a dispositive motion or trial on the merits.”

In comments to The Washington Stand, Ethics and Public Policy Center (EPPC) fellow Eric Kniffin, who argued before the court on behalf of the Orthodox churches, said, “Washington State surrendered because its law blatantly discriminated against religion. The First Amendment bars any law that claims it’s good for lawyers to keep confessions secret for secular reasons, but it’s bad for priests to keep confession secret for religious reasons.” He added, “Priests should never be forced to choose between betraying their sacred vows and going to jail.”

“Washington was wise to walk away from this draconian law and allow Catholic clergy to continue ministering to the faithful,” said Mark Rienzi, president and CEO of Becket Fund for Religious Liberty in a statement shared with press. Becket argued before the court on behalf of Washington’s Catholic bishops. “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.”

Jean Hill, executive director of the Washington State Catholic Conference, said, “Preventing abuse and upholding the sacred seal of confession are not mutually exclusive — we can and must do both.” She continued, “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.”

S.A. McCarthy serves as a news writer at The Washington Stand.



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