Justice Department launches First Amendment investigation into Washington state’s clergy reporting law

The U.S. Department of Justice (DOJ) has initiated a civil rights investigation into Washington State’s recently enacted Senate Bill 5375, which mandates clergy members to report information about child abuse or neglect received during confessions, raising concerns over potential First Amendment violations.

Signed into law on May 2 by Governor Bob Ferguson, SB 5375 requires “members of the clergy” to report any knowledge or suspicion of child abuse or neglect to law enforcement or state authorities, including information obtained during confessional settings. The law explicitly removes the confidentiality traditionally afforded to religious confessions, particularly impacting Catholic priests who are bound by the sacramental seal.

In a statement released Monday, the Justice Department argued that the law appears to compel clergy to act against their religious doctrines, potentially infringing upon the free exercise of religion guaranteed by the First Amendment. The Civil Rights Division will assess whether the statute unlawfully targets religious practices by eliminating legal protections for confidential religious communications.

Here’s the debate over clergy as mandatory reporters

Supporters of the legislation argue that it aims to protect children by ensuring that all instances of abuse are reported, regardless of the context in which the information is received. They contend that no institution should be exempt from mandatory reporting laws when it comes to safeguarding minors.

However, critics, including religious leaders and civil liberties advocates, argue that the law infringes upon long-standing and recognized religious freedoms and sets a concerning precedent by compelling clergy to disclose information obtained in sacred confessional settings. They warn that such measures could deter individuals from seeking spiritual counsel and compromise the sanctity of religious practices.

“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,” Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division said in a press 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.”

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