God’s law vs. Man’s law: Assistant AG for Civil Rights reveals why WA clergy reporting law faces investigation

A controversial new Washington law caught the eye of the Department of Justice.

Governor Bob Ferguson signed Senate Bill 5375, requiring members of clergy to report known child abuse, even if it’s revealed during confession. This has drawn criticism from local religious leaders, particularly in the Catholic Church, who say that the law violates the confidentiality of confession.

Archbishop of Seattle Paul Etienne issued a scathing rebuke of the bill, stating that any priest who abides by the law would face excommunication.

“There are some other states that have very long-standing statutes…relating to broad reporting requirements. None of them seem to single out the clergy as singularly not able to invoke the privileges that otherwise apply to professionals,” Harmeet Dhillon told “The Jason Rantz Show” on KTTH.

Dhillon, the Assistant Attorney General for Civil Rights at the Department of Justice, says this law would impact more than just the clergy. It’s why the law now faces a federal investigation.

“What they don’t seem to comprehend is that under Catholic doctrine the seal of the confessional actually applies both to the penitent and priest,” said Dhillon.

“So, now they’re actually invading the rights of all Catholics because now people are concerned not that they might confess some sex crime involving a child, but that anything they report to their priest might become the subject of a law enforcement report,” she added.

Unconstitutional on its surface

While their investigation is ongoing, Dhillon doesn’t seem to believe that this is a law that would pass constitutional muster.

“I’m withholding judgment at this time, but it does not look like a law that is consistent with our current jurisprudence on the First Amendment,” said Dhillon.

The timeline for the investigation is not entirely clear, but Dhillon noted the law goes into effect in the summer and that they want to protect Washingtonians from any law that violates their civil rights.

Liston the full conversation with Dhillon below.

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