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DOJ investigates Washington law on priest confessions and church-state boundaries

Justice Department Probes Washington’s New Clergy Reporting Law

The intersection of law and religious freedom is under scrutiny as the U.S. Department of Justice examines a new Washington state law. The legislation, which mandates clergy to report child abuse, has sparked a heated debate over constitutional rights and religious practices.


Unsplash/Annie Spratt

A civil rights investigation was initiated by the Trump administration into the crafting and approval of Washington State Senate Bill 5375, signed into law by Democratic Governor Bob Ferguson. The legislation is perceived by the Justice Department as potentially infringing on the First Amendment’s free exercise clause.

Assistant Attorney General Harmeet K. Dhillon, representing the Justice Department’s Civil Rights Division, stated, “SB 5375 demands that Catholic Priests violate their deeply held faith in order to obey the law, a violation of the Constitution and a breach of the free exercise of religion cannot stand under our Constitutional system of government.” She further highlighted concerns about the law seemingly singling out clergy, asserting that it denies them privileges afforded to other professionals.

The bill requires clergy to join the ranks of professionals mandated to report child abuse, eliminating current protections for confidential religious communications. While the confidentiality between attorneys and clients and physicians and patients remains safeguarded, clergy are now obligated to report, even when information is obtained through confessions.

Archbishop Paul Etienne, representing the Roman Catholic Archdiocese of Seattle, voiced strong opposition, affirming that priests “cannot comply with this law if the knowledge of abuse is obtained during the Sacrament of Reconciliation.” He reassured the Catholic community that confessions remain protected by the Church’s law, despite state legislation changes.

Governor Ferguson, a Catholic himself, expressed his administration’s commitment to child protection amid the federal investigation. In contrast, organizations like the Freedom From Religion Foundation support the law, arguing it closes a loophole allowing abuse to be concealed. FFRF Legal Director Patrick Elliott stated, “This law does not target Christianity or Catholicism — it applies equally to all clergy. Religious freedom does not include the right to conceal abuse.”

Senate Bill 5375 passed with strong Democratic support in both legislative chambers, though it faced significant Republican opposition. The debate underscores ongoing tensions between religious freedoms and child protection laws, a matter that the Justice Department is now poised to explore further.

This article was originally written by www.christianpost.com

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