Federal Case
Local Implications
Etienne v. Ferguson
A federal court in Washington addressed a recent statutory revision that would have required priests to violate their vows by reporting abuse revealed during confession. By granting a preliminary injunction, the court halted the law’s enforcement and affirmed the religious freedom concerns raised by Catholic priests and bishops. This case considers the complicated questions that arise when clerical discretion collides with abuse reporting commitments.
What You Need to Know
Washington’s Senate Bill 5375 sought to amend the state’s mandatory reporting laws by removing the clergy-penitent privilege—a legal protection that allows clergy to keep confessions confidential. Under the bill, clergy could face criminal charges for refusing to report abuse revealed during counseling or confession, even though doing so would violate core religious doctrine for some faiths.
In response, Catholic church leaders filed suit, arguing the law infringed on their First Amendment rights, particularly the Free Exercise Clause, which protects religious practices from government interference.
A federal district court issued a preliminary injunction, temporarily blocking the law from being enforced as it applies to Catholic confession. The court found that the law likely singled out clergy unfairly, especially since similar confidentiality protections for attorneys remained untouched.
What Your Ministry Can Do
Maintain Strong Safeguards: Ensure that staff and volunteers are fully trained in child protection protocols and know their reporting obligations under state law.
Avoid Misinterpretation: Do not view this ruling as permission to ignore abuse reporting requirements. The injunction applies narrowly to confessional secrecy within the Catholic Church and does not eliminate broader duties.
Hire Professional Help: Work with attorneys familiar with your state’s laws to align your ministry’s policies with both legal requirements and religious convictions.
