Gov. Ferguson wins appeal: WA AG’s Office cleared to probe Catholic Church sex abuse cover-up allegations

In a unanimous decision that could have far-reaching implications for religious institutions across the state, the Washington State Court of Appeals ruled Monday that the Attorney General’s Office has the authority to investigate whether the Catholic Church used charitable funds to cover up decades of alleged child sexual abuse by clergy.

The ruling reverses a lower court decision that had blocked the investigation, marking a significant legal victory for Governor Bob Ferguson, who launched the probe in 2023 while serving as Attorney General.

“As a Catholic, the church must do the right thing and engage in a public accounting of how the church handles allegations of child sex abuse,” Ferguson said in a statement. “This ruling is an important win for transparency. I am asking church leaders to reflect and pray about this unanimous court decision and stop fighting this investigation.”

Three-judge panel rejects church’s argument for categorical exemption

At the heart of the case was a dispute over Washington’s charitable trust act and whether religious corporations are exempt from state oversight. The Corporation of the Catholic Archbishop of Seattle — the civil entity representing the Archdiocese in western Washington — argued it was categorically exempt from the Attorney General’s subpoena power under a provision shielding religious organizations from the definition of “trustee.”

The three-judge panel, in an opinion authored by Judge Ian Birk, rejected that categorical approach. While acknowledging that the legislature had reasonable grounds for treating religious organizations differently to avoid government interference with faith and doctrine, the court held that such exemptions cannot shield evidence of criminal or tortious conduct.

“Constitutional religious protections do not provide churches with absolute immunity to engage in tortious conduct,” the court wrote, citing prior Washington Supreme Court precedent. The opinion emphasized that the state may investigate “whether criminal or tortious conduct has occurred, including sexual abuse by clergy.”

The Attorney General’s original subpoena sought records dating back to 1940 regarding clergy “accused or suspected of sexual abuse or sexual misconduct.” It also requested documents related to discipline, reassignments, communications with law enforcement, settlements with victims, and financial records.

The court cited examples from the investigation’s origins, including one priest who joined the church in 1958 and “perpetrated decades of abuse.” According to the Attorney General’s filings, the Archdiocese knew of this priest’s conduct but “repeatedly transferred him to new parishes,” allowed him to remain in ministry, and continued providing him a monthly stipend.

The ruling draws on the court’s analysis in Woods v. Seattle’s Union Gospel Mission, which established that statutory exemptions for religious organizations must be interpreted coextensively with the constitutional protections that justify them, no broader.

The case now returns to King County Superior Court, where a judge must determine the precise boundaries of what documents the Archdiocese must produce. The investigation cannot extend to second-guessing religious decisions about faith and doctrine, the appeals court cautioned, but it can demand evidence relevant to determining whether criminal or tortious acts occurred.

Ferguson, who personally attended oral arguments in the trial court before his election as governor, noted that similar investigations in Maryland and Illinois revealed far more credibly accused abusers than the Church had voluntarily disclosed.

The Archdiocese has not indicated whether it will seek further review from the Washington Supreme Court.

Manda Factor is the host of “Seattle’s Morning News” on KIRO Newsradio. Follow Manda on X and email her here. 

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