I wrote previously on the egregiously unconstitutional, and unconscionable, Washington state law attacking the sanctity of the Catholic confessional (by imposing reporting requirements for sexual abuse that not only break the absolute seal of the sacrament but single out clergy while exempting all manner of other professions and privileges), and about the Washington bishops’ lawsuit challenging the law, which was due to go into effect July 27. The bishops are represented by the Becket Fund for Religious Liberty.

Today, a federal district judge, Judge David Estudillo of the Western District of Washington (a Biden appointee who was previously appointed by Jay Inslee to the state bench in Washington), issued an order enjoining the application of the law, designated SB 5375, “as to the Sacrament of Confession against the Plaintiffs in this action and all Roman Catholic priests in Washington who fall directly under the administration of Plaintiffs Etienne, Daly, and Tyson,” those being the bishops of the three Catholic diocese in the state. As Judge Estudillo concluded, “Washington’s failure to demonstrate why it has an interest of the highest order in denying an exemption to clergy while making such exemptions available to other professionals who work with underserved children . . . is likely fatal” to the law’s constitutionality:

There is no question that SB 5375 burdens Plaintiffs’ free exercise of religion. In situations where Plaintiffs hear confessions related to child abuse or neglect, SB 5375 places them in the position of either complying with the requirements of their faith or violating the law . . . , the Washington legislature passed Substitute House Bill 1171 (“SHB 1171”) . . . around the same time as it passed SB 5375. . . . SHB 1171 . . . exempt[s] from the statute’s reporting requirement attorneys employed by an institution of higher education who have reasonable cause to believe that a child has suffered abuse or neglect when that cause “relates to information related to the representation of a client.” . . . It also exempts any employee working under the supervision or direction of such an attorney if the information they learn concerning child abuse or neglect is related to the representation of a client. . . . The twin passage of SHB 1171 and SB 5375 appears to be a textbook example of permitting secular conduct that undermines the government’s asserted interests in a similar way to religious conduct that is regulated. . . .  The government interest at issue in both statutes—protecting children from abuse and neglect—is the same. Nevertheless, one law eliminates the privilege for clergy while the other expands the privileges available to secular professionals. Thus, SB 5375 is neither neutral nor generally applicable because it treats religious activity less favorably than comparable secular activity. . . . Clergy were the only professionals whose pre-existing exception was eliminated by the legislature. [Quotations and citations omitted.]

Note that the relief provided by the court falls within the limits of the injunctive power identified by the Supreme Court in Trump v. CASA, which means that other faiths will need to file their own lawsuits, but can invoke this ruling as a precedent:

Absent an injunction that applies to the administration of the Sacrament of Confession across the three dioceses that Etienne, Daly, and Tyson administer, they—as individuals—cannot fulfill their religious responsibility of ensuring that the priests within their dioceses maintain the sacramental seal. . . . Likewise, they will not be able to fulfill their responsibility to ensure that the faithful within their dioceses have access to the Sacrament of Confession. . . . The Court agrees that, to afford complete relief in this instance, the injunction will apply to all Roman Catholic priests in Washington who fall directly under the administration of Etienne, Daly, and Tyson.” [Quotations and citations omitted.]

It’s a good day for religious liberty — but nonetheless a menacing sign that an American state, in 2025, would attempt such a brazen assault on a core element of religious practice.