Long legal battle likely over WA’s new law requiring clergy to report child abuse

(The Center Square) – In Washington state, a new law – Senate Bill 5375 – requires clergy to report child abuse or neglect, even if the information is disclosed during confession.

Not surprisingly, it has sparked what looks to be a long, multi-front legal battle.

The latest salvo was fired by Catholic bishops in Washington, who filed a federal lawsuit Thursday in U.S. District Court in Tacoma. They argue that the new law violates their First Amendment right to practice religion and the Equal Protection Clause of the 14th Amendment.

In the lawsuit, the bishops stress the Catholic Church’s commitment to child protection while defending the sanctity of the confessional seal.

“Consistent with the Roman Catholic Church’s efforts to eradicate the societal scourge of child abuse, the Roman Catholic Archdiocese of Seattle and the dioceses of Yakima and Spokane have each adopted and implemented within their respective dioceses policies that go further in the protection of children than the current requirements of Washington law on reporting child abuse and neglect,” the lawsuit states.

The plaintiffs ask the court to block the law’s implementation and declare it unconstitutional.

The hearing for this case is expected to take place this summer.

SB 5375, which Gov. Bob Ferguson signed into law on May 2, is set to take effect on July 27.

Violations of SB 5375 carry a penalty of up to 364 days in jail and a $5,000 fine.

While Catholic bishops are suing to overturn the law, the federal government has also opened an investigation.

The U.S. Justice Department announced its civil rights investigation into Washington's new confessional law on May 5. The investigation is focused on the law’s apparent conflict with the First Amendment's guarantee of the free exercise of religion.

“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 announcing the investigation. “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.”

Supporters of the law have framed it as a child protection measure, saying it’s meant to ensure clergy cannot shield abusers behind confessional privilege, a long-standing legal protection that allows clergy to keep confidential any information shared during a confession.

Marino Hardin of Seattle, who was raised as one of Jehovah’s Witnesses in Spokane, worked to pass the law on behalf of abuse victims.

“I’m very proud that Washington has finally passed mandatory reporting for clergy, and joined the five leading states that don’t allow exceptions for reporting child abuse,” he told The Center Square earlier this month.

New Hampshire, West Virginia, Indiana, New Jersey and North Carolina have laws requiring all individuals to report suspected child abuse or neglect, regardless of their profession or any other factor.

“I think the choices made were the correct ones, and will lead to more reporting when children are abused within other religious groups, especially more insular groups such as the Jehovah’s Witnesses, where the clergy will frequently be a child’s only access to a mandatory reporter,” Hardin said.