DOJ to investigate new WA law that requires clergy to report child abuse

Just three days after Gov. Bob Ferguson signed into law a bill requiring religious leaders in Washington state to report child abuse or neglect – even when it’s disclosed in confession – the U.S. Justice Department announced on Monday it has opened a civil rights investigation based on what it regards as a prima facie First Amendment violation.

Senate Bill 5375 makes members of the clergy mandatory reporters of child abuse and neglect. This means religious leaders – including ministers, priests, rabbis and others – would be required to report suspected child abuse or neglect, even if they learned about it during a confession.

SB 5375 seeks to expand the definition of "member of the clergy" to include a broader range of religious leaders.

Per the law, slated to go into effect on July 27, “member of the clergy” is defined to cover any regularly licensed, accredited or ordained minister, priest, rabbi, imam, elder, or similarly positioned religious or spiritual leader.

State law currently includes 23 classes of mandatory reporters, but SB 5375 only requires clergy members to report information disclosed in privileged communication, such as confessions.

The confessional privilege is a long-standing legal protection that allows clergy to keep confidential any information shared during a confession.

The Civil Rights Division of the Justice Department will examine the apparent conflict between the new law and the First Amendment, which protects fundamental rights, including freedom of religion, speech, the press, assembly and petition.

“SB 5375 demands that Catholic Priests violate their deeply held faith in order to obey the law, a violation of the Constitution and a breach of the free exercise of religion cannot stand under our Constitutional system of government,” said Assistant Attorney General Harmeet K. Dhillon in a news release. “Worse, the law appears to single out clergy as not entitled to assert applicable privileges, as compared to other reporting professionals. We take this matter very seriously and look forward to Washington State’s cooperation with our investigation.”