The U.S. Department of Justice announced Monday it has launched a civil rights investigation into Washington state’s new mandatory reporting law, raising concerns the legislation could violate the First Amendment by forcing clergy members to disclose information heard during confessions.
The investigation centers on Senate Bill 5375, which was signed into law by Governor Bob Ferguson on May 2. The law adds clergy to the list of professionals—such as teachers, doctors, and social workers—who must report suspected child abuse or neglect to authorities, even if the information is obtained in a religious confession.
Unlike other professions, clergy are not allowed to invoke confidentiality or privilege as a defense to avoid reporting.
According to the Justice Department’s Civil Rights Division, the law appears to single out clergy in a way that may infringe on religious freedom protections guaranteed by the U.S. Constitution.
“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,” said Assistant Attorney General Harmeet K. Dhillon, who leads the Civil Rights Division. “Worse, the law appears to single out clergy as not entitled to assert applicable privileges, as compared to other reporting professionals. We take this matter very seriously and look forward to Washington State’s cooperation with our investigation.”
The law applies specifically to clergy acting as supervisors and overrides legal privileges that typically shield certain types of confidential communication, such as those in confessional settings.
Critics, including Catholic leaders, say it directly challenges a religious doctrine that considers the confessional seal to be sacred and inviolable.
The Civil Rights Division is tasked with enforcing federal laws that protect against discrimination and uphold constitutional rights, including the free exercise of religion.
The department said its investigation will assess whether the law’s language and implementation unconstitutionally burden religious practice.
Supporters of the bill argue the change closes a loophole in child protection laws and strengthens efforts to prevent abuse.
However, opponents say it sets a dangerous precedent by compelling clergy to break faith-based vows.
As of now, the law remains in effect in Washington, and clergy are expected to comply.
The Justice Department has not provided a timeline for its investigation or indicated what action it may take depending on its findings.
When reached for comment, Gov. Ferguson’s office released the following statement:
“We look forward to protecting Washington kids from sexual abuse in the face of this ‘investigation’ from the Trump Administration.”
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