In Etienne v. Ferguson, (WD WA, July 18, 2025), a Washington federal district court issued a preliminary injunction barring enforcement of Washington's new law requiring priests to report suspected child abuse learned in the Sacrament of Confession. The injunction applies to all priests supervised by the archbishop and bishops who are plaintiffs in the suit. The court said in part:
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....
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. Moreover, the Washington legislature passed Substitute House Bill 1171... exempting attorney higher education employees from mandated reporting of child abuse and neglect as it relates to information gained in the course of providing legal representation to a client”....
Thus, SB 5375 is neither neutral nor generally applicable because it treats religious activity less favorably than comparable secular activity....
The state, in removing the privileged communication exception for clergy but expanding it for other professionals, cannot demonstrate the narrow tailoring strict scrutiny requires....
Becket Law issued a press release announcing the decision.
