Early last month, lawmakers in Washington state enacted a new law, set to take effect in late July, that will mandate Catholic priests to report child abuse they learn about in the context of confession — forcing priests to risk automatic excommunication from the Church for breaking the sacramental seal.

The new law, which Washington’s bishops are hotly contesting in court, is being investigated by the U.S. Department of Justice. It makes Washington the first state to pass a law directly attacking the confessional seal since the abuse crisis burst back onto the scene in the summer of 2018.

The passage of the new law also plants Washington firmly in the category of current legislative “hotspots” — states where Catholics, both clerical and lay, are fiercely contesting laws and bills that fly in the face of Catholic values and practice.

For the past several years, especially since 2022, many of the legislative clashes that U.S. Catholics have participated in have centered around abortion — and those debates are still raging, and not just in blue states. The Nov. 2024 general election marked a turning point on the abortion issue as a handful of states finally voted down pro-abortion proposals after several years of losses at the ballot.

But Catholics also remain engaged in legislative efforts in states across the country related to important issues that have nothing to do with abortion, but which nevertheless cut to the heart of what it means to freely practice the Catholic faith in America. These include the aforementioned defense of the seal of confession in Washington; opposition to assisted suicide proposals in New York and Illinois; and issues related to parental rights in Colorado.

Eric Kniffin, a religious liberty attorney and fellow with the Ethics and Public Policy Center, told the Register that even in states with very blue legislatures, it is important for the Church to speak out and to counter the prevailing narratives. Even if it doesn’t directly result in odious bills getting defeated, it is vital for the Church to get take part in the legislative process and be “part of the story” by having members of the hierarchy or their representatives speak out directly on proposed legislation, Kniffin said.

People of faith speaking out about problematic bills and pointing out their flaws during the legislative process can also make a difference later if the legislation is challenged in court — potentially helping to overturn or at least delay legislation that negatively affects Catholics, Kniffin said.

“Even if you’re not going to stop the law, there’s a lot of things that can get done by participating in the process,” Kniffin said.

Washington Bishops Head to Court

Washington’s Democratic Gov. Bob Ferguson, himself a Catholic, signed the seal of confession bill into law on May 3; it is set to take effect July 27. The primary sponsor of the bill was State Sen. Noel Frame, D-Seattle.

The law adds clergy, including Catholic clergy, to the list of mandatory abuse reporters in the state — providing for jail time or fines for violators — and does not include an exemption for information learned in the context of confession.

Ferguson previously investigated the Church’s handling of abuse allegations as the state attorney general.

Though not the first state to consider such legislation, the Washington bill marks a turning point on this issue as it is the first to become law. Several other states have introduced legislation of this type in the past two years including Delaware, Hawaii, Utah, and Vermont, but none were enacted. Other states, including West Virginia and Texas, do not specifically exempt clergy from mandatory reporting requirements, though those statutes are decades old and have not been tested.

The bishops of Washington state on May 29 sued the state over the new law, arguing in part that the law violates Catholics’ First Amendment right to freedom of religion and pointing out that the dioceses’ safe environment policies designate priests as mandatory reporters already, while still respecting the sacred context of confession. Priests are unable to comply with such a law as the revealing of any information learned in the confessional carries with it a penalty of latae sententiae — that is, automatic — excommunication.

Will Haun, senior counsel at Becket — one of the firms representing the Washington bishops in the lawsuit — told the Register that the Washington law is “really a break with a long consensus” of U.S. law generally, at least since 1813, protecting clergy-penitent privilege, and could have wide-reaching implications.

“This is a violation of First Amendment, to say the absolute least. That is why every Catholic diocese in the state and a number of individual priests stood up, and we’re honored to stand with them along with two other firms, to defend their religious liberty and restore a healthy understanding of the separation of church and state,” Haun told the Register.

Part of the resistance effort to the bill was Washington State Sen. Phil Fortunato, R-Auburn, a Catholic, who recently wrote in a column for the Northwest Catholic that he opposed the measure not only because of the religious freedom issues it raises, but also because the bill “fundamentally misunderstands the best way to protect children.”

“Forcing clergy to disclose information obtained during confession could drive offenders further into secrecy, preventing them from seeking the spiritual help they need to reform. This would create more secrecy, not less,” Fortunato, wrote in March.

The U.S. Department of Justice has also initiated an investigation into the Washington state law, contending that it “appears on its face to violate the First Amendment.”

Moving the Needle on Assisted Suicide in Illinois and New York

A bill to legalize physician-assisted suicide in Illinois was not called for a vote in the state Legislature last week, effectively halting its progress until next year. Had it passed, the number of U.S. states to have legalized the practice — which is antithetical to the Catholic Church’s teachings on end-of-life care — would have expanded to roughly a dozen.

The Illinois End-of-Life Options Act (SB 1950) was introduced during the 2025 legislative session by House Majority Leader Robyn Gabel, D-Evanston, and Assistant Senate Majority Leader Linda Holmes, D-Aurora.

Bob Gilligan, executive director of the Illinois Catholic Conference (ICC), which advocates policy in the state on behalf of the bishops of its six dioceses, told the Register that he was very impressed by the Illinois bishops’ advocacy against the state’s assisted suicide bill. Cardinal Blase Cupich, archbishop of Chicago, had criticized the bill in a May 30 statement, urging Illinois to promote “compassionate care,” not assisted suicide.

Gilligan also was “pleasantly surprised,” he said, by the level of engagement on the issue by Catholic laity in Illinois, including many Catholic doctors, once the bill passed the Illinois House.

Gilligan said he fully expects the assisted suicide lobby to return in full force next legislative session, however.

“We have truth on our side, and that's important... [but] it's difficult. The political process can be very emotional, very controversial. But you’ve got to just do the best you can to be a true representative of the Church and of Christ,” Gilligan said.

State Sen. Jil Tracy, R-Quincy, emphasized the importance of Catholic lawmakers fighting for their beliefs despite legislative setbacks. She said it is helpful for faithful lawmakers to take the time to point out the shortcomings and downsides of problematic legislation during debate with their lawmaker colleagues.

In New York, a piece of assisted suicide legislation is still currently under consideration amid vocal opposition from Catholics, led by New York archbishop Cardinal Timothy Dolan and several disability rights groups.

New York’s Medical Aid in Dying Act (A136/S138) is being sponsored by Assemblywoman Amy Paulin, D-Westchester, and Sen. Brad Hoylman-Sigal, D-WFP Manhattan. It passed the state’s lower chamber in April despite strong opposition from the Republican minority and more than 20 Democrats joining Republicans in opposition to the bill. The bill is now in the state Senate, where a vote has been delayed due to hesitancy among New York Democrats.

Assemblyman Ed Ra, R-Franklin Square, a Catholic whose district is near the western end of Long Island, told the Register that he believes there is a greater willingness among the Catholics in his constituency to engage with legislative issues that come before the state assembly.

He said he appreciates the Church’s organized efforts to inform parishioners about important bills pending in Albany, and said his email inbox has lately reflected a more engaged Catholic electorate than he has encountered in years past.

“When you’re in a bluer state, it can feel like all the talk out there is against [a Catholic worldview]. So I think it makes it easier for us to be in that fight when we know we have support amongst our Catholic constituents," Ra told the Register.

Church Leaders and Parents Speak Out in Colorado

Formerly considered a swing state despite decades of generally favoring Republicans, Colorado has been solidly Democratic since the 2008 presidential election. In addition to being one of the most permissive states in the country on the abortion front, Colorado lawmakers have introduced numerous bills in recent years that Catholics have criticized as antithetical to parents’ rights.

Most notable of late is Bill 25-1312, also known as the “Kelly Loving Act,” which was introduced in March by a group of Democratic lawmakers. Had its introduced version passed, HB25-1312 would have made a parent’s position on their child’s transgender identity a factor in child custody decisions, and would have established Colorado as a “transgender sanctuary state.”

Brittany Vessely, the Colorado Catholic Conference’s executive director, argued in testimony given at the Capitol that the prospective law codifies discrimination against any institution — including the Church — that holds a belief about human sexuality that differs from the one found in the law.

Vessely’s testimony was part of a groundswell of effort led by Colorado parent groups that led to Colorado lawmakers receiving more than 18,000 emails and the testimony of some 700 Coloradans against the bill. The support likely helped to move the needle and get some of the bill's most controversial provisions struck. Numerous parents and doctors were among those who testified last month.

The final version of the bill, which Democratic Gov. Jared Polis signed into law May 16, omitted some controversial provisions, including the parental rights violations, though in practical terms those provisions are enforced already by legal precedent.

In addition, new definitions of “misgendering” or “deadnaming” passed in the law, leaving faith-based schools, hospitals, clinics, charities, agencies, and social programs like homeless shelters vulnerable to discrimination lawsuits, including ones faced in recent years by Christian baker Jack Phillips.

State Rep. Rose Pugliese, R-Colorado Springs, the minority leader of the Colorado House of Representatives, told the Register that she and her colleagues have been focused recently on trying to get churches more involved in the legislative advocacy, with bills like a recent transgender-focused one “really starting to engage churches at a larger level.”

Pugliese said, “We’re not changing hearts and minds inside of the Capitol. Where we really need to educate is outside.”