Washington – A federal judge granted a preliminary injunction for Washington Roman Catholic priests exempting them from a law that would require them break the seal of confession and report child abuse or neglect.
SB 5375, “An act relating to the duty of clergy to report child abuse and neglect,” was signed into law on May 2, 2025 to be effective July 27, 2025.
On May 29, Archbishop of Seattle Paul D. Etienne, Bishop of Yakima Joseph J. Tyson and Bishop of Spokane Thomas A. Daly, with representation from law groups WilmerHale, Becket and First Liberty Institute, challenged the law in Etienne v. Ferguson.
They argue that, because the law forces Roman Catholic priests to break the seal of confidentiality they traditionally hold in their role in confession, the law breaks the freedom of religion established by the first amendment and the equal protection clause established by the fourteenth amendment.
On June 23, the U.S. Justice Department joined the Catholic priests in their lawsuit.
On July 18, United States District Judge David G. Estudillo granted a preliminary injunction to Etienne, Tyson and Daly.
Estudillo wrote that the requirements for a preliminary injunction were met in respect to the new requirements for preliminary injunctions.
First, he wrote that there are “serious questions going to the merits” of the law.
Second, he wrote that the plaintiffs are seeking relief for only those who they represented, meaning the Roman Catholic priests serving under them.
The Thomas More Society, a Catholic non-profit focusing on law, filed an amicus curiae, or “friend of the court” brief, urging the federal court to strike down the law.
“This injunction is a significant and encouraging first step and should serve as a warning to state lawmakers nationwide, who are considering similar policies that meddle in the free exercise of faith,” wrote Peter Breen, Executive Vice President and Head of Litigation at Thomas More Society in an announcement about the amicus curiae.
