DOJ Challenges Washington's Clergy Reporting Law: A Battle Over Religious Freedom and Child Protection

In a significant legal development, the U.S. Department of Justice (DOJ) has 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 instances of child abuse or neglect, including those disclosed during confession. The DOJ contends that the legislation infringes upon the First Amendment's Free Exercise Clause and the Equal Protection Clause of the Fourteenth Amendment by compelling clergy to violate the sacramental seal of confession under threat of legal penalties.

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." This lawsuit underscores the ongoing national debate over the intersection of child protection laws and religious freedoms.

Senate Bill 5375, sponsored by Senator Noel Frame, a survivor of childhood sexual abuse, was enacted to close a significant gap in Washington's child protection laws. Prior to this legislation, Washington was one of the few states that did not require clergy to report suspected child abuse or neglect. The bill defines clergy as mandatory reporters and stipulates that they must report any reasonable suspicion of child abuse within 48 hours, regardless of whether the information was obtained during confession. Failure to comply is classified as a gross misdemeanor.

Senator Frame emphasized the necessity of trusted adults in protecting children, stating, "Children need trusted adults. They need to know that if they tell somebody they’re being abused... that they can trust that that person will make it stop." She also highlighted her personal connection to the issue, revealing her own history as a survivor of abuse and her belief that religious freedom should not overshadow the need to protect vulnerable children.

The enactment of SB 5375 and the subsequent legal challenges have sparked a broader debate on the balance between protecting children and preserving religious freedoms. Supporters of the law argue that it is a necessary step to prevent the concealment of child abuse within religious institutions. Opponents, particularly within the Catholic Church, contend that the law forces clergy to choose between adhering to their religious vows and complying with state mandates, potentially leading to excommunication for violating the seal of confession.

Efforts to make clergy mandatory reporters in Washington have been ongoing for over two decades, often stalling due to debates over exemptions for confessional communications. The passage of SB 5375 marks a significant shift, as it does not include such exemptions. Nationally, most states list clergy as mandatory reporters but often provide exemptions for information obtained during confession. Washington's law is notable for its lack of such exemptions, aligning it with a minority of states that have taken similar measures.

The DOJ's lawsuit seeks to prevent the enforcement of Senate Bill 5375, emphasizing the importance of protecting religious freedoms and the confidentiality inherent in religious practices. As the legal proceedings unfold, the case is poised to set a precedent for how states can legislate mandatory reporting laws concerning clergy and the confidentiality of confession, potentially influencing similar legislation nationwide.

The outcome of this case will have significant implications for the balance between child protection mandates and religious liberty, highlighting the complex interplay between safeguarding vulnerable populations and respecting deeply held religious practices.