DOJ Challenges Washington's Mandatory Reporting Law for Clergy

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. This law, signed by Governor Bob Ferguson on May 2, 2025, mandates that clergy members report any knowledge of child abuse or neglect to authorities, including information obtained during the sacrament of confession. The DOJ contends that this requirement infringes upon the First Amendment's Free Exercise Clause and the Equal Protection Clause of the Fourteenth Amendment by compelling priests to violate the sacred seal of confession, a fundamental tenet of the Catholic faith.

Senate Bill 5375, sponsored by State Senator Noel Frame, a survivor of childhood sexual abuse, was enacted to close loopholes that could allow abuse to go unreported. Frame emphasized that Washington was one of only five states lacking mandatory reporting requirements for clergy, underscoring the bill's aim to align the state with broader national standards for child protection. The legislation passed the House with a 64-31 vote and the Senate with a 28-20 vote, reflecting both bipartisan support and contention.

The law has elicited diverse reactions from religious and advocacy organizations. The Archdiocese of Seattle has expressed strong opposition, with Archbishop Paul Etienne stating that Catholic clergy "may not violate the seal of confession – or they will be excommunicated from the Church." Conversely, the Clergy Accountability Coalition, a multi-faith group advocating for child protection, supports the legislation. They argue that the law is not anti-Catholic but a necessary measure to ensure that no institution is above the law when it comes to protecting children from abuse. Sharon Huling, a representative of the coalition, emphasized that the law applies to clergy of all faiths and does not single out Catholic priests.

The enactment and subsequent legal challenges to SB 5375 have ignited a broader debate on the balance between religious freedom and the state's compelling interest in protecting children from abuse. Supporters of the law argue that mandatory reporting by clergy is essential to prevent abuse from being concealed under the guise of religious confidentiality. Opponents contend that the law infringes upon religious liberties and could deter individuals from seeking spiritual counsel.

This case also raises questions about the role of religious institutions in reporting abuse and the extent to which the state can impose regulations that conflict with religious practices. The outcome of the legal proceedings could set a precedent for how similar cases are handled nationwide, potentially influencing legislation in other states regarding mandatory reporting laws and religious exemptions.

As the legal battle unfolds, the nation watches closely, recognizing the profound implications for both the protection of vulnerable children and the preservation of religious freedoms.