DOJ investigating Washington state’s ‘anti-Catholic’ law

The recent law signed by Washington State Gov. Bob Ferguson requiring clergy members to report confessions of child abuse or neglect is facing scrutiny as the U.S. Department of Justice (DOJ) has launched a civil rights investigation into whether the law violates the First Amendment.

The new law in the Evergreen State now includes “members of the clergy” in the list of professionals obligated to report information obtained through confessionals that pertain to child abuse or neglect to law enforcement or state authorities. However, the law does not provide any exceptions for the absolute seal of confidentiality, which is typically applied to Catholic Priests during religious confessions.

The DOJ has raised concerns that the Washington state law specifically targets “members of the clergy” as the only supervisors who are unable to rely on legal privileges, such as religious confessions, as a reason for not reporting the claims as mandated. The Civil Rights Division of the DOJ is currently investigating whether the law violates religious protections outlined in the First Amendment.

Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division expressed the view that the law puts Catholic Priests in a position where they are required to violate their religious beliefs in order to comply with the law, which is seen as a breach of the free exercise of religion and unconstitutional. Dhillon emphasized the seriousness of the matter and called for Washington State’s cooperation with the investigation.

Governor Bob Ferguson, who signed the bill into law on May 2, has not yet responded to requests for comment on the issue. The law is set to take effect on July 26, according to reports from FOX 13 in Seattle.

Washington is among the few states that do not explicitly or implicitly require clergy to report suspected child abuse or neglect. Most states typically exempt information obtained through confession from mandatory reporting, but Washington, along with states like West Virginia and New Hampshire, do not provide such exemptions.

In light of this development, it is important to consider the implications of the law on religious freedoms and the rights of clergy members. As the investigation unfolds, it will be crucial to uphold both the protection of children from abuse and the constitutional rights of individuals to practice their faith without interference.