Controversial Washington Law Mandates Clergy to Report Child Abuse

On May 2, 2025, Washington Governor Bob Ferguson signed into law Senate Bill 5375, mandating that clergy members report any knowledge of child abuse or neglect to authorities, including information obtained during the sacrament of confession. This legislation has ignited a contentious debate over the balance between child protection and religious freedom.

The U.S. Department of Justice (DOJ) filed a lawsuit against the State of Washington on June 23, 2025, challenging the constitutionality of SB 5375. The DOJ contends that the law infringes upon the First Amendment's Free Exercise Clause and the Equal Protection Clause of the Fourteenth Amendment by compelling Catholic priests to violate the sacred seal of confession, a fundamental tenet of the Catholic faith. Assistant Attorney General Harmeet K. Dhillon stated, "Laws that explicitly target religious practices such as the Sacrament of Confession in the Catholic Church have no place in our society."

SB 5375 was introduced by State Senator Noel Frame, a survivor of child sexual abuse, who emphasized the necessity of protecting children over maintaining absolute confidentiality in religious settings. Frame stated, "You never put somebody’s conscience above the protection of a child." The bill passed the state Senate on February 28, 2025, with a 28-20 vote, and the House on April 11, 2025, with a 64-31 vote.

The Catholic Church has expressed strong opposition to SB 5375. Seattle Archbishop Paul Etienne emphasized the Church's commitment to protecting children but highlighted the conflict the law creates for priests:

"Our policies already require priests to be mandatory reporters, but not if this information is obtained during confession... Priests cannot comply with this law if the knowledge of abuse is obtained during the Sacrament of Reconciliation."

The passage of SB 5375 followed years of legislative efforts to include clergy as mandatory reporters. Previous attempts faced challenges, particularly concerning exemptions for confessional communications. In 2023, a similar bill failed due to disagreements over such exemptions. The current law does not provide exemptions for information obtained during confession, reflecting a shift towards prioritizing child protection over religious confidentiality.

Opponents of the bill, including some legislators, argue that it infringes on religious freedoms and could deter individuals from seeking spiritual counsel. State Senator Leonard Christian expressed concern that the law could force clergy to choose between adhering to their religious obligations and complying with state law.

The enactment of SB 5375 and the subsequent DOJ lawsuit have sparked a broader debate on the balance between protecting children from abuse and upholding religious freedoms. Supporters of the law argue that mandatory reporting by clergy is essential for uncovering and preventing child abuse, while opponents contend that it violates the sanctity of religious practices and could undermine the trust between clergy and their congregants.

As the legal battle unfolds, the outcome of this case could have significant implications for similar laws nationwide, potentially setting a precedent for how states navigate the complex intersection of safeguarding children and respecting religious practices.