On October 10, Washington state filed a motion in federal district court affirming that state and local governments would stop attempting to require priests to report child abuse learned during the sacrament of reconciliation.
In July of this year, the Washington state legislature revised its mandatory reporting law to add clergy. However, the law did not include an exemption for information learned in the confessional, leaving priests out of a “privileged communication” exception afforded to other professionals. Gov. Robert Ferguson, a Catholic, signed the legislation into law.
The bishops of Washington state successfully blocked the law in federal court in July. District Judge David Estudillo said there was “no question” that the law requiring Catholic priests to violate the seal of confession burdened the free exercise of religion. Estudillo issued an injunction that barred the Washington state government from enforcing the law.
In the filing, state and county prosecutors have agreed not to enforce reporting requirements for information clergy learn solely through confessions or their equivalent in other faiths. Clergy will otherwise remain mandatory reporters under state law.
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