What needs to change in Washington.

• Federal-court carveout for confessional disclosures

  In Etienne v. Ferguson, a federal district court entered a stipulated permanent injunction in October 2025 carving out confessional and other privileged clergy communications from SB 5375's reporting duty. The carveout is limited to information learned solely through privileged religious communication; the reporting duty remains in force in every other context.

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• Penalty for failure to report at RCW 26.44.080

  Knowing failure to make a required report under RCW 26.44.030 is a gross misdemeanor under Washington law, punishable by up to 364 days in jail and a $5,000 fine. The penalty applies to clergy as a class of mandated reporter under SB 5375, subject to the Etienne v. Ferguson carveout for confessional and privileged communications.

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• Statutory definition of clergy at RCW 26.44.020(8)

  Washington defines 'clergy' for reporting purposes as any licensed or ordained minister, priest, rabbi, imam, elder, or similarly situated religious leader. The definition is broad and crosses religious traditions, not limited to any single faith community.

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What it takes to close the gap.

Bills in motion right now.

• SB5665committee

  Reporting child sex abuse

  Re-introduces a clergy-reporting framework that includes an explicit 'sacred confidence' carveout. Retained in Senate Human Services Committee; UCO is tracking because the bill would re-codify in statute the kind of carveout SB 5375 was written to avoid.

  SponsorsSen. Phil Fortunato, Sen. Jeff Holy, Sen. Judy Warnick
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How Washington got here.

• 2023-2024
  Prior versions fail over the confessional carveout

  Sen. Noel Frame introduces earlier versions of clergy-reporting reform in the 2023 and 2024 sessions; both fail when negotiations break down over a confessional exception.

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• 2025-05
  SB 5375 signed into law

  Gov. Bob Ferguson signs SB 5375 on May 2, 2025, adding clergy to Washington's mandatory-reporter list with no statutory exemption for privileged communications. Senate vote 28-20; House vote 64-31.

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• 2025-07
  Law takes effect; federal lawsuit filed

  SB 5375 becomes effective July 27, 2025. Days earlier, on July 18, the federal district court grants a preliminary injunction against enforcement of the law against confessional disclosures.

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• 2025-10
  Stipulated permanent injunction entered

  The federal court enters a stipulated permanent injunction carving out confessional and other privileged clergy communications from SB 5375. The case closes; the parties agree not to appeal.

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Litigation shaping the law.

• Etienne v. Ferguson

  No. 3:25-cv-05461 (W.D. Wash.)·2025

  Religious institutions sued to enjoin SB 5375 as applied to information learned in confessional communications. The federal district court granted a preliminary injunction in July 2025 and a stipulated permanent injunction in October 2025, carving out confessional and other privileged clergy communications from the reporting duty. The case is closed; SB 5375 remains in force for clergy in every other context.

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• State v. Martin

  137 Wn.2d 774, 975 P.2d 1020·1999

  Washington Supreme Court interpretation of the clergy-penitent privilege statute (RCW 5.60.060(3)). The court held that the penitent (not the clergy member) holds the privilege, and that the religious body defines what counts as a 'confession.' Background doctrine for the privilege side of the post-SB 5375 dispute.

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Public-record sources UCO is tracking.

Always verify against the underlying statute or filing before quoting.

• Washington State Legislature· current text 2025
  RCW 26.44.030 — Reports: Duty and authority to make

  The principal mandatory-reporting statute. As amended by SB 5375 (Chapter 197, Laws of 2025), subsection (1)(a) names members of the clergy as mandatory reporters; (1)(b) removes the prior privileged-communication exemption for clergy. Subject to the Etienne v. Ferguson carveout for confessional disclosures.

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• Washington State Legislature
  RCW 5.60.060 — Privileged communications (clergy-penitent privilege at (3))

  Washington's general testimonial-privilege statute. Subsection (3) preserves the clergy-penitent privilege in court proceedings. SB 5375 did not amend 5.60.060(3); it overrode the privilege only for mandatory-reporting purposes inside RCW 26.44.030.

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• Washington State Legislature
  SB 5375 (2025) — Bill summary

  Bill page identifies SB 5375 as 'Concerning the duty of clergy to report child abuse and neglect,' signed into law as Chapter 197, Laws of 2025, effective July 27, 2025.

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• Washington State Attorney General· 2025-10-10
  Washington state reaches agreement to preserve key portions of law requiring clergy to report child abuse

  Attorney General news release announcing the stipulated permanent injunction in Etienne v. Ferguson. Clergy remain mandatory reporters under SB 5375 in every context except information learned solely through confessional or other privileged communications.

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• Washington State Standard· 2025-05-02
  New law requires clergy in Washington to report child abuse

  Coverage of SB 5375 signing. Confirms the 28-20 Senate vote, 64-31 House vote, and that earlier versions in the 2023 and 2024 sessions failed over the confessional-exception question.

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• Civil Rights Litigation Clearinghouse, University of Michigan Law School· 2025
  Etienne v. Ferguson, Civil Rights Litigation Clearinghouse (Case No. 46734)

  Case summary confirming the court granted plaintiffs' motion for a preliminary injunction on July 18, 2025 (2025 WL 2022101). Substantiates the July 18 date in the timeline note.

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