A group of Catholic bishops and priests in Washington state filed a federal lawsuit Thursday, challenging a new Washington law requiring priests to report suspected child abuse or neglect shared during confessionals. 

On May 2, Gov. Bob Ferguson (D-WA) signed Senate Bill 5375, which goes into effect in July, requiring all clergy to report suspected child abuse.

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This law requires reporting abuse even if it is disclosed during the Catholic sacrament of confession.

Other mandatory reporters include school personnel, nurses, social service counselors, and psychologists.

Earlier in May, Bishop Thomas Daly of Spokane expressed opposition to the law, speaking for other Catholic bishops and priests that they are “prepared to face jail rather than violate the rules of the church.”

Violating the law can result in up to 364 days in jail and a $5,000 fine.

The lawsuit was filed in the U.S. District Court in Tacoma, arguing that the law violates parts of the First Amendment by forcing priests to either go against their church’s law or face criminal charges. 

Any priest who discloses information given in confession is automatically excommunicated, according to canon law. 

“Washington’s law isn’t about protecting kids — it’s about jailing priests for following the Church’s ancient faith practices,” said Mark Rienzi, who serves as president and CEO of Becket, the religious liberty law firm representing the bishops.

“We’re asking the court to step in and stop the state from turning a sanctuary for the soul into a tool of surveillance,” he added. 

Plaintiffs include Archbishop Paul D. Etienne, Yakima Bishop Joseph J. Tyson, Spokane Bishop Thomas A. Daly, and eight other priests from dioceses across Washington. They are suing the governor, state Attorney General Nick Brown, and all 39 of Washington’s county prosecutors. 

Every U.S. state has a mandatory reporting law, but most states give some form of legal protection to clergy when the information is obtained in a confidential spiritual context, according to data from the Child Welfare Information Gateway. 

The plaintiffs argue this new law targets the Catholic doctrine by removing privileges and protections for clergy that still exist for professions such as attorneys, union representatives, and domestic violence advocates. 

First Liberty Institute’s Hiram Sasser, the executive general counsel for another representative of the bishops, said in a statement that “Washington’s law targeting Catholic clergy with threat of imprisonment and fine if they do not break the sacramental confession seal is a brazen act of religious discrimination.”

WASHINGTON BISHOPS REFUSE STATE LAW REQUIRING THEM TO DISCLOSE CONFESSIONS OF SEXUAL ABUSE

The Justice Department said earlier in May that it planned to investigate the conflict between Washington state law and the free exercise of religion under the First Amendment earlier in May.

“For centuries, Catholic priests have been willing to die as martyrs rather than violate this sacred duty,” Sasser said. “A few politicians in Washington state won’t break them. And the Constitution protects them.”