DOJ investigates Washington law requiring clergy to break confidentiality
- On May 2, 2025, Washington State Governor Bob Ferguson signed a law requiring clergy to report confessions of child abuse.
- The U.S. Department of Justice has opened an investigation into this law for potential First Amendment violations.
- The law has sparked a debate about the balance between mandatory reporting and religious freedom.
In the United States, a controversial law was signed by Washington State Governor Bob Ferguson on May 2, 2025, mandating that members of the clergy report any instances of child abuse or neglect revealed during confessions. This law marks a significant shift in the legal landscape concerning the confidentiality typically afforded to clergy under religious practices, specifically within the Catholic Church. Prior to this law, Washington state was one of only five states that did not require clergy to report suspected child abuse or neglect, making this legislation particularly impactful. The U.S. Department of Justice, via its Civil Rights Division, has initiated an investigation into the constitutionality of this new law, focusing on potential violations of the First Amendment. This amendment protects the free exercise of religion and prohibits laws that impede religious practice. The DOJ's investigation concerns claims that the law may unfairly target members of the clergy while not extending similar requirements to other professions that are typically mandated reporters of child abuse. Assistant Attorney General Harmeet K. Dhillon highlighted that the law may infringe upon the Constitutional rights of religious figures, arguing it forces clergy to act against their deeply held religious beliefs. The DOJ's inquiry aims to provide clarity on whether the new stipulations can coexist with the widely upheld religious confidentiality observed in many faith traditions, particularly within the Catholic Church. This law only further complicates the longstanding tension between safeguarding children from abuse and protecting religious freedoms. While supporters argue that this law is necessary to close loopholes that previously allowed for the concealment of child abuse by clergy, critics assert that it may violate essential sanctity in religious practices. Ultimately, as this situation unfolds, both legal and ethical questions surrounding the balance between mandated reporting laws and religious freedoms are brought to the forefront, creating a significant discourse on the implications of such legislative changes.