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Justice Department Challenges Washington’s Clergy Reporting Law

The complaint argues the statute breaches the sacramental seal of confession by criminalizing priests who uphold church doctrine

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Overview

  • On June 23 the Justice Department filed a complaint in intervention in federal court against Senate Bill 5375.
  • Signed by Gov. Bob Ferguson on May 2, the law requires clergy to report suspected child abuse revealed in confession under threat of jail time and fines.
  • The department contends the mandate violates the First Amendment’s free exercise clause and the Fourteenth Amendment’s equal protection guarantee by targeting the priest-penitent privilege.
  • Washington’s Catholic bishops and priests have vowed civil disobedience, noting that breaking the seal of confession triggers automatic excommunication.
  • With the law set to take effect on July 27, a federal court is poised to weigh religious freedom claims against mandatory child-abuse reporting requirements.