A federal court is upholding religious liberty and blocking a blue state law that would require Catholic priests to violate the seal of confession. Judge David G. Estudillo of the U.S. District Court for the Western District of Washington issued a preliminary injunction Friday, stopping Washington’s law SB 5375 from going into effect.

SB 5375, signed into law by Governor Bob Ferguson (D) in May, established “mandatory reporting” requirements for clergy to report child abuse. The state’s Catholic bishops — Archbishop Paul Etienne of the archdiocese of Seattle, Bishop Joseph Tyson of the diocese of Yakima, and Bishop Thomas Daly of the diocese of Spokane — quickly filed a lawsuit.

At the heart of the lawsuit is the bishops’ argument that SB 5735 violates Catholic priests’ First Amendment rights to free exercise of religion by requiring priests to report child abuse even if learned of in the Catholic sacrament of confession, also called penance and reconciliation. The Catechism of the Catholic Church says of the confessional seal, “Given the delicacy and greatness of this ministry and the respect due to persons, the Church declares that every priest who hears confessions is bound under very severe penalties to keep absolute secrecy regarding the sins that his penitents have confessed to him.” The Catechism further notes, “This secret, which admits of no exceptions, is called the ‘sacramental seal,’ because what the penitent has made known to the priest remains ‘sealed’ by the sacrament.” For centuries, Catholic leaders have required that priests maintain strict secrecy over the sins confessed to them in the sacrament, a rule formalized for the entire Catholic Church by the Fourth Lateran Council in 1215.

Notably, SB 5735 emphasized the exemption afforded to certain “privileged” forms of communication — such as the confidentiality afforded to psychologists and their patients — from the mandatory reporting requirements, but clarified that priests are not exempt and must violate the confessional seal if a penitent confesses a sin related to child abuse. The law stated, “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.” (Emphasis original.)

In his order Friday, Estudillo agreed with the state’s Catholic bishops that SB 5735 likely “violates the Free Exercise and Establishment Clauses of First Amendment of the United States Constitution because the law eliminates the privilege communication exception as to clergy but maintains it for others and does not establish a general mandatory reporting requirement.” Citing Catholic teaching, the judge observed, “Any priest who directly violates the sacramental seal is subject to automatic excommunication and risks eternal damnation. … Priests are required to defend the sacramental seal, if necessary, ‘through the shedding of blood.’ … Thus, to Plaintiffs, breaching the seal of Confession entails automatic excommunication and the risk of eternal damnation.” Estudillo continued, “Accordingly, they will not comply with SB 5375 to the extent that it conflicts with Church teachings on the Sacrament of Confession — even if such noncompliance results in civil or criminal penalties.”

“There is no question that SB 5375 burdens Plaintiffs’ free exercise of religion. In situations where Plaintiffs hear confessions related to child abuse or neglect, SB 5375 places them in the position of either complying with the requirements of their faith or violating the law,” Estudillo concluded. He explained, “In this way, the statute ‘affirmatively compels them, under threat of criminal sanction, to perform acts undeniably at odds with fundamental tenets of their religious beliefs.’ … The consequences for violating the law are serious and, as Plaintiffs assert, the implications of violating the Sacramental Seal are more serious still.”

The judge further pointed out that the law unfairly targets clergy. “SB 5375 modifies existing law solely to make members of the clergy mandatory reporters with respect to child abuse or neglect. … However, other groups of adults who may learn about child abuse are not required to report. Parents and caregivers, for example, are not mandatory reporters,” Estudillo wrote.

SB 5375 was set to go into effect on Sunday, July 27. Estudillo’s injunction will prevent the law from being enforced while the case continues to be litigated.

In comments shared with The Washington Stand, Washington State Catholic Conference Executive Director Jean Hill said, “For centuries, Catholic faithful around the world have sought reconciliation with God through the sacrament of confession.” She added that Estudillo’s injunction “protects that sacred space and ensures that Washingtonians of all religious stripes can live out their beliefs in peace.”

Mark Rienzi, president and CEO of the Becket Fund for Religious Liberty, which helped represent the Catholic bishops in court, told TWS, “This ruling confirms what has always been true: In America, government officials have no business prying into the confessional.” He continued, “By protecting the seal of confession, the court has also safeguarded the basic principle that people of all faiths should be free to practice their beliefs without government interference.”

Joseph Backholm, senior fellow for Biblical Worldview at Family Research Council, commented to TWS, “It’s not surprising that this law was found to be a violation of the church’s First Amendment Rights. I think the truly newsworthy part of this story is the fact that the state was willing to pass the law in the first place.” He continued, “Throughout our history, there’s been a respect for religious institutions and religious belief and an understanding that the state wasn’t supposed to be in the business of telling churches how to operate. Once we reject the idea that government should operate under God’s law, we inevitably take the position that God should operate under government’s law.”

“The idea that government can dictate what the church does should be of concern to everyone, not just Catholics who practice confession,” Backholm emphasized. “While the Left advocates for the separation of church and state when they are trying to keep people of faith out of the public square, they are clearly less concerned about the government intruding into the affairs of the state. Everyone should have a problem with that.”