The Department of Justice (DOJ) has filed a federal lawsuit against Washington state, alleging that a newly enacted law unconstitutionally forces Catholic priests to violate the seal of confession or face legal consequences.
The law, Senate Bill 5375, signed by Gov. Bob Ferguson (D) on May 2, adds clergy members to the state’s list of mandatory reporters of child abuse.
Unlike similar laws in most states, the Washington statute removes protections for information learned during religious confession, requiring clergy to report any suspicion of abuse, even if disclosed privately in a sacramental setting.
The statute is set to take effect July 27.
The DOJ filed its lawsuit on June 23 in the U.S. District Court for the Western District of Washington.
In the complaint, the department argued the law violates both the First and 14th Amendments by compelling clergy to either violate sacred religious doctrine or risk criminal penalties.
“Senate Bill 5375 unconstitutionally forces Catholic priests in Washington to choose between their obligations to the Catholic Church and their penitents or face criminal consequences, while treating the priest-penitent privilege differently than other well-settled privileges,” Assistant Attorney General Harmeet Dhillon, who leads the Civil Rights Division, said in a press release.