Washington state settles controversy over child abuse law that tested the limits of 'priest-penitent' privilege

"In mid-October, however, Washington state announced it would not enforce the mandatory reporting requirement for information learned during confidential rites. On Oct. 14, 2025, a federal court approved the state's agreements with groups of Catholic and Orthodox clergy who had sued to block that part of the law, arguing it violated their religious freedom. The U.S. Department of Justice had also intervened, claiming the law discriminates against Catholics."

"Reporting laws can be complicated by what is known as " legal privilege": the rights granted to certain people, such as spouses or lawyers of suspects, to keep confidentiality by refusing to cooperate with an investigation. As a law professor, I have written often about clergy privilege, as well as other legal privileges. The attorney-client privilege is the oldest, dating to the 16th century, but the "priest-penitent privilege" has a long history as well."

SB 5375 designated clergy as mandatory reporters of child sexual abuse, physical abuse, and neglect, including information learned during confidential sacred rites. Some faiths, notably the Catholic and Eastern Orthodox churches, forbid clergy from revealing information disclosed in confession or sacrament, with the Catholic Church imposing excommunication for disclosure. Washington later announced it would not enforce the reporting requirement for information from confidential rites. A federal court approved agreements with clergy who sued claiming religious-freedom violations, and the U.S. Department of Justice intervened alleging discrimination against Catholics. Legal privilege doctrines, including priest-penitent privilege, complicate reporting obligations and state laws vary.

Read at The Conversation