Washington State Mandates Clergy to Report Child Abuse Despite Religious Objections

On May 2, 2025, Washington Governor Bob Ferguson signed Senate Bill 5375 into law, mandating that clergy members report any knowledge of child abuse or neglect, including information obtained during confessional communications. This legislation positions Washington among a minority of states that require clergy to report such information without exemptions for confessional privilege.

The law, set to take effect on July 27, 2025, adds clergy to the state's list of mandatory reporters, a category that already includes professionals like healthcare workers, educators, and law enforcement officers. Under this law, clergy are required to report suspected abuse to law enforcement or the Department of Children, Youth, and Families within 48 hours.

The Catholic Church has expressed strong opposition to the law, citing the inviolability of the confessional seal. Seattle Archbishop Paul Etienne stated, "Catholic clergy may not violate the seal of confession—or they will be excommunicated from the Church." On May 29, 2025, Archbishop Etienne, along with Bishops Joseph Tyson of Yakima and Thomas Daly of Spokane, filed a lawsuit against the state, arguing that the law violates the First Amendment's Free Exercise Clause by compelling priests to break the sacred confidentiality of confession.

On June 23, 2025, the U.S. Department of Justice (DOJ) filed a lawsuit against the State of Washington, challenging the constitutionality of Senate Bill 5375. The DOJ contends that the law infringes upon the First Amendment by forcing clergy to violate religious tenets. Assistant Attorney General Harmeet K. Dhillon stated, "The Justice Department will not sit idly by when States mount attacks on the free exercise of religion."

The enactment of SB 5375 and the subsequent legal challenges highlight a significant tension between child protection efforts and religious freedom. Supporters of the law argue that it is essential for safeguarding children and ensuring that no institution is above the law. Opponents, particularly within the Catholic Church, view the law as an infringement on religious practices and a violation of the separation of church and state.

This is not the first time Washington has attempted to make clergy mandatory reporters. Previous efforts in 2023 and 2024 failed, primarily due to disagreements over exemptions for confessional communications. The passage of SB 5375 marks a significant shift in the state's approach to balancing religious confidentiality with child protection.

The passage of Senate Bill 5375 and the ensuing legal challenges underscore the ongoing debate over the boundaries between religious freedom and the state's responsibility to protect vulnerable populations. As the legal proceedings unfold, they are likely to have significant implications for both religious institutions and child protection policies across the United States.