In May 2025, the Washington State Legislature passed a new law naming clergy as mandatory reporters of suspected child abuse. This new law does not allow for “clergy privilege” where a minister who learns of abuse only through confession or a similar spiritual conversation is not a mandatory reporter and can keep that information confidential. The law is scheduled to take effect on July 27.

 

The majority of states include clergy as mandatory reporters but also allow for clergy privilege. Only a few other states, including Texas, New Hampshire, and Oklahoma, do not allow for clergy privilege.  

 

A group of Catholic priests filed a lawsuit over the Washington law. They argue that the Constitution does not allow the government to interfere with the free exercise of religion, so Washington cannot force priests to break the “seal of the confessional” or penalize them if they obey Catholic doctrine by maintaining strict confidentiality with information learned during confession. The federal Department of Justice recently joined that lawsuit in support of the priests.

 

In the debate over clergy privilege, one side argues that privilege has been and can be misused. Some people who support the Washington law say that the acts of predators have been covered up by leaders in the Catholic church and the Jehovah’s Witnesses under claims of clergy privilege. The other side insists that removing the protection of confidential confession not only violates religious liberties but could discourage anyone struggling with sin from seeking spiritual help.  

 

While the current lawsuit is focused on Catholic practice and priests, the result could have implications for other ministers. This is a developing situation, and we will post updates as the case progresses through the courts.