A recently proposed bill in Arizona has reignited a national debate at the intersection of child protection laws and religious liberty. House Bill 2039, introduced in December 2025, would require Catholic priests to report suspected child abuse learned during the sacrament of confession if they have a “reasonable suspicion” that abuse is ongoing or may pose a future risk to minors. Failure to do so could expose clergy to felony criminal liability, including substantial fines and potential imprisonment.
Under current Arizona law, like attorneys and physicians, clergy generally benefit from privilege protections that limit compelled disclosure of confidential communications. HB 2039 would carve out a significant exception to those protections by expressly overriding the confessional seal in circumstances involving suspected abuse. The bill proposes classifying a failure to report such information as a class 6 felony, carrying penalties of up to two years in prison and fines that could reach $150,000. The sponsor of the bill previously introduced similar legislation in 2023, though it did not advance at that time.
The proposal comes against the backdrop of mounting legal resistance to comparable measures nationwide. In 2025, a federal court blocked a Washington state law that sought to compel priests to disclose information obtained during confession, finding that the law likely violated the First Amendment. That decision prompted Washington lawmakers to abandon enforcement efforts later that year. Similar bills have been introduced, and were ultimately stalled or withdrawn, in states including Delaware, Vermont, Wisconsin, Montana, and California. Internationally, a comparable proposal surfaced briefly in Hungary in late 2025, reflecting a broader global conversation rather than an isolated legislative effort.
For the Catholic Church and many other faith traditions, the seal of confession is not merely a policy preference but a doctrinal absolute. Canon law strictly forbids any disclosure of confessional communications for any reason, and history records instances where clergy faced imprisonment or execution rather than violate that obligation. Many Saints, like St. John Nepomucene, willing chose to lose their life to protect another’s confession. As a result, legislation like HB 2039 places priests in an unavoidable conflict between civil law and religious duty, an issue that courts have repeatedly treated as a serious constitutional concern.
Looking ahead, proposals like Arizona’s suggest that this issue is unlikely to fade quietly. Legislatures continue to test the boundaries of mandatory reporting statutes, particularly in response to heightened public scrutiny of abuse prevention. At the same time, recent court rulings signal strong judicial skepticism toward laws that single out sacramental confession for disclosure while preserving other professional privileges. For religious institutions, nonprofits, and affiliated organizations, these developments underscore the importance of closely monitoring legislative activity, assessing potential criminal and civil exposure, and engaging early with counsel when such measures arise. The coming years may bring further attempts to legislate in this space, but they are likely to be met with equally forceful constitutional challenges.
For questions about House Bill 2039, please contact Michael A. Airdo at mairdo@airdowerwas.com or Hector Barron at hbarron@airdowerwas.com.