DOJ Challenges Washington State Law Mandating Clergy to Report Child Abuse

The U.S. Department of Justice (DOJ) has initiated legal action against the State of Washington, challenging the constitutionality of Senate Bill 5375, a new law that mandates clergy members to report any knowledge of child abuse or neglect, including information obtained during confessional communications.

Signed into law by Governor Bob Ferguson on May 2, 2025, Senate Bill 5375 adds clergy to the state's list of mandatory reporters, aligning them with professionals such as teachers and healthcare workers who are legally obligated to report suspected child abuse. The legislation is set to take effect on July 27, 2025.

The DOJ filed the lawsuit on June 23, 2025, contending that the law infringes upon the First Amendment's protection of religious freedom by compelling clergy, particularly Catholic priests, to violate the sacred seal of confession—a fundamental tenet of the Catholic faith. Assistant Attorney General Harmeet K. Dhillon stated, "Senate Bill 5375 unconstitutionally forces Catholic priests in Washington to choose between their obligations to the Catholic Church and their penitents or face criminal consequences."

The Catholic Church has expressed strong opposition to the law. Seattle Archbishop Paul Etienne emphasized the sacredness of the confessional seal, stating, "Catholic clergy may not violate the seal of confession—or they will be excommunicated from the Church. All Catholics must know and be assured that their confessions remain sacred, secure, confidential, and protected by the law of the Church."

Advocacy groups supporting survivors of abuse have praised the legislation. Mary Dispenza, a representative from the Survivors Network of those Abused by Priests (SNAP), argued that all instances of child abuse should be reported to authorities, regardless of how the information is obtained. She stated, "Children have no voice, they have no power, and a priest’s role is to intervene for them, to be their voice."

The passage of Senate Bill 5375 marks the culmination of a three-year effort by Senator Noel Frame to make clergy mandatory reporters. Previous attempts faced challenges, particularly concerning exemptions for information obtained during confession. The final version of the bill passed the Washington State Senate with a 28-20 vote and the House with a 64-31 vote.

The DOJ's lawsuit introduces a significant legal battle over the balance between child protection laws and religious freedoms. The outcome of this case could set a precedent for how similar laws are crafted and challenged in other states.

This legal action underscores a significant conflict between child protection efforts and religious freedom, as the DOJ argues that the law infringes upon the First Amendment by compelling clergy, particularly Catholic priests, to violate the sacred seal of confession.