Washington’s state recent decision to not require priests to report abuse if it is disclosed during confession brings renewed urgency.
Let’s be crystal clear: this is not a victory for victims of abuse. What it is is a concession. What it is is a concession. The state preserved much of the broader mandatory-reporting law while stepping back only from that particular setup. My concern remains that when silence is protected, exploiters find cover. As I argued in July, mandatory reporting is a key pillar in breaking cycles of abuse. When an exception is carved out for the space of confession, that becomes a blind spot in the system.
We must continue advocating for systems that both protect religious integrity and ensure no child is left unprotected because of institutional walls or sacraments. This update offers a chance to reset the conversation. Let’s build a reporting law that covers all trusted adults in all relevant settings. It should offer survivors full access to justice and honor ethical obligations of confidentiality in ways that do not shield the abuser or abandon the victim. Silence must never be the default when a child’s safety is at stake.
Prior Blog
In July 2025, a federal judge issued a preliminary injunction against Washington State’s law requiring Catholic priests to report child abuse disclosed during confession. The ruling halts enforcement of that segment of SB 5375, citing its violation of the First Amendment and the tradition of clergy-penitent privilege. Clergy-penitent refers to the communications between and pastoral staff. Under the law, clergy were added to the roster of professionals such as teachers, social workers, and nurses mandated to report suspected abuse. Yet the court held that Catholic priests cannot be compelled to violate sacred vows by disclosing confessional information.
Why This Ruling Is Dangerous for Children
This ruling is a step backward; it reinforces dangerous religious exemptions that override child safety. Without universal reporting requirements, critical early opportunities to protect children can be lost. That’s especially alarming given that survivors nationwide continue to emerge from institutions that hide harm under legal protections.
Have we learned nothing from the Nassars and Sanduskys of the world?
Has the church not learned the devastation silence causes?
Anyone who would place a secrecy protection for those who have harmed children or knew of harm caused is just as bad as the perpetrators of such heinous acts.
States with Universal Mandated Reporting
The Federal Child Abuse Prevention and Treatment Act (CAPTA) requires each State to have provisions or procedures. These require certain individuals to report known or suspected instances of child abuse and neglect. For this publication, information regarding mandatory reporting laws was collected for all States. The results indicate that all States, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands identify in statute the professionals and other persons required to report instances of suspected child maltreatment.
Broad Professional Reporting
The vast majority of states (approximately 48) mandate reporters within professions that work with children. This includes teachers, healthcare providers, law enforcement, social workers, counselors, and clergy. In many cases, they provide legal immunity for good faith reports and criminal penalties for failures to report.
As of 2023, 29 states included clergy:
Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Georgia, Hawaii, Illinois, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Mexico, North Dakota, Ohio, Oregon, Pennsylvania, South Carolina, Vermont, Virginia, West Virginia, and Wisconsin.
However, only New Hampshire, North Carolina, Oklahoma, Rhode Island, Texas, West Virginia, and Guam disallow the use of the clergy-penitent privilege as grounds for failing to report suspected child abuse or neglect.
The Bottom Line: No Room for Exemptions When It Comes to Kids
Mandated reporting exists to protect the most vulnerable. When courts carve out exemptions, especially for religious figures, they send a message that institutional privilege outweighs child protection. That is unacceptable. Especially given the number of reports that have come out of the Catholic Church. Thousands of priests have been named as confirmed perpetrators by the church. Tens of thousands of children have been harmed.
This is not the place to sacrifice child safety.
We should not retreat from universal reporting laws or weaken mandates because of ideological resistance. When it comes to children, absolutely no one should be immune from reporting.
No Exceptions
- Children don’t have second chances: Mandatory reporting ensures early intervention, preventing escalation and saving lives.
- Privilege too often shields abusers: Religious or professional secrecy should never be used to hide abuse.
- Stronger laws equal stronger accountability: Laws requiring all adults or at least professionals across the board to report abuse ensure no one is silent.
- Legal immunity must protect reporters, not offenders: Good‑faith reporting deserves protection; misleading exemptions do not.
What Survivors & Advocates Should Know
Your state may allow any adult to report suspected child abuse, not just professionals. Learn your local laws.
If you suspect abuse, make the call today. Delaying puts children at further risk. Communities must pressure legislators to pass universal reporting laws without carve‑outs for clergy or institutional agents.
There should be zero hierarchy in reporting duty: layperson, teacher, clergy member, everyone must speak up when a child may be in danger.
This court ruling is wrongly prioritizing privilege over protection. We must demand universal reporting, reject exemptions that shield institutions, and stand firmly as advocates for child safety.
Our trauma-informed lawyers are always here to take your call and hear your case. Contact us today at 866-753-5458