Etienne v. Ferguson
Case Snapshot
Catholic priests in Washington face an impossible choice between obeying their faith or complying with the law. A newly enacted state law mandates that priests report instances of abuse or neglect that they hear about in the sacrament of confession, despite the Church’s long-standing teaching that confession is sacred and must remain confidential, a tradition upheld for centuries. Washington law has long respected that tradition, just as it protects private conversations with lawyers and others. But now the state is singling out Catholic priests, while giving a pass to lawyers. Becket represents five bishops and several parish priests who are challenging the law in federal court.
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Case Summary
A sanctuary for the soul
Since the Church’s earliest centuries, Catholics have approached the sacrament of confession seeking mercy and reconciliation—what is said during that time is completely confidential. That protection is known as the seal of confession or sacramental seal, and it is one of the oldest and most solemn rules in the Catholic Church. A priest is bound by sacred vow to never speak about what he hears during the sacrament of confession – not even to the penitent himself. The seal is so central to the Catholic faith that any priest who breaks it is automatically excommunicated.
The Church teaches that priests must defend the seal even at the cost of their lives. History is replete with examples of priests who have been martyred for refusing to violate the sacramental seal—like St. John Nepomucene, Fr. Andreas Faulhaber, and Blessed Felipe Císcar Puig. That same commitment holds true today in parishes across Washington.
Clergy singled out while lawyers get a pass on reporting
In 2025, Washington passed a law requiring clergy to report suspected abuse or neglect, even when the information is learned during confession. Despite purporting to protect minors from “abuse and harm,” the law does not extend to others who might hear—or are even more likely to hear—about the same information, like lawyers or family members. Instead, it singles out clergy and threatens them with up to 364 days in jail, a $5,000 fine, and potential civil liability if they refuse to break the seal of confession.
The Church already requires priests to report abuse and neglect to law enforcement and other state authorities
The Catholic Church in Washington has spent years strengthening its approach to protecting minors from abuse. All Church personnel at every diocese in the state are required by diocesan policy to report any instances of abuse. These policies cover diocesan parishes, schools, and other ministries. Even beyond that—and beyond state law—all Catholic priests in Washington state are required by diocesan policies to report to law enforcement even suspected instances of abuse. Across the Archdiocese of Seattle and the Dioceses of Spokane and Yakima, priests are required to report suspected abuse to law enforcement or child protection agencies.
On May 29, 2025, Becket, WilmerHale, and First Liberty Institute filed a lawsuit against Washington’s Governor, Attorney General, and other prosecuting authorities on behalf of Archbishop Paul Étienne, Bishop Thomas Daly, Bishop Joseph Tyson, and several other clergy. The lawsuit asks the court to stop Washington from punishing priests for refusing to violate an ancient and untouchable sacrament Christ instituted for centuries.
Importance to Religious Liberty:
- Religious Communities: Churches and religious organizations have a right to live, teach, and govern in accordance with the tenets of their faith. When the government unjustly interferes in internal church affairs, the separation of church and state is threatened. The First Amendment ensures a church’s right to self-definition and free association.