Washington State permanently withdrew the law requiring clergy to violate the sacred “seal of confession” by reporting sexual abuse that was disclosed in a confession booth, according to a court order issued on Friday, Oct. 10.

The decision comes after the law was set to take effect on July 27, but was halted just days before, after Washington’s Catholic bishops and other groups sued the state in federal court.

In Etienne v. Ferguson, the Archdiocese of Seattle and the dioceses of Spokane and Yakima argued that the new law violated the First Amendment’s guarantee of religious freedom by compelling priests to break the seal of confession that the Catholics view as sacred.

The U.S. Department of Justice sued the State of Washington, calling the law “anti-Catholic.”

The latest ruling permanently withdraws the law, which opponents described as “victory for religious freedom and for common sense,” according to Mark Rienzi, president and CEO of Becket, the law firm that represented the Catholic bishops.

“Priests should never be forced to make the impossible choice of betraying their sacred vows or going to jail,” Rienzi said in a statement.

Protecting children and religious liberty

Washington State clergy are already mandated to report sexual abuse with the only exception of when it’s disclosed during the Sacrament of Confession. The Washington Law sought to remove this exception.

The supporters of the law argued that the law would increase safeguards for children against sexual abuse. “You never put somebody’s conscience above the protection of a child,” said Sen. Noel Frame, a Democrat from Seattle, the bill’s sponsor.

But those who opposed the law, and are now celebrating its withdrawal, argue that protecting children is possible while also allowing priests to carry out their religious obligations.

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

Why is confidentiality important?

The seal of confession lies at the heart of belief and practice, representing a sacred trust between the penitent and God. Confession is viewed not as an act of gathering information, as one bishop noted, but a divine encounter where the priest serves as a vessel of God’s mercy.

“Few religious practices are more misunderstood than the sacred seal of Confession in the Catholic Church,” Bishop Robert Barron of Winona-Rochester, Minnesota, wrote in a legal brief criticizing the law.

The law violated the promise of religious neutrality granted by the constitution and the “time-honored seal of Confession.” “Absolutely nothing ought to stand in the way of a sinner who seeks this font of grace.”

Some argue that preserving the confidentiality of confession may encourage penitents to disclose abuse, allowing clergy to persuade them to report it to authorities.

Background on the law

The law seeking to remove the clergy-penitent confidentiality in confession in Washington was initially signed by Gov. Bob Ferguson on May 2. “Protecting our kids first is the most important thing. This bill protects Washingtonians from abuse and harm,” Ferguson said the day he signed the bill.

The priests who would have chosen to keep the seal of confession could face a punishment — nearly a year in jail and a fine of $5,000.

The Catholic Church backed the bill’s broader goal of protecting children, but objected to the elimination of the clergy–penitent privilege, a long-standing safeguard that protects confidential spiritual communications.

The seal of confession lies at the heart of Catholic belief and practice, representing a sacred trust between the penitent and God. “The purpose of this seal is to protect the penitent and foster a sense of safety and trust, allowing the individual to approach God for forgiveness without fear,” according to Alliance Defending Freedom, which sued Washington State on behalf of Orthodox churches.

Following the Oct. 10 ruling, Hiram Sasser, executive general counsel for First Liberty Institute, praised the ability of the parties to navigate the disagreement. “It is a credit to the Attorney General of Washington, the Governor, and the Archbishop and Bishops that they were able to come together and find common ground under the First Amendment to protect religious liberty while seeking to eradicate the scourge of sexual abuse,” Sasser said in statement.