The U.S. Department of Justice has launched an investigation into the state of Washington’s new law that could require priests to violate the Catholic Church’s prohibition on sharing information received during confessions, which a Catholic bishop accused of overstepping the boundaries of church and state.
On Wednesday, the Trump administration opened a civil rights investigation into “the development and passage of Washington State Senate Bill 5375.” The measure was signed into law by Washington’s Democratic Gov. Bob Ferguson last Friday.
The Justice Department characterized the legislation as an apparent violation of the free exercise clause of the First Amendment to the U.S. Constitution.
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“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 of the Justice Department’s Civil Rights Division, who is an adherent of the Sikh faith.
“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.”
Senate Bill 5375 adds members of the clergy to a list of professionals who are required to report instances of child abuse or neglect to law enforcement. The legislation clarifies that “Except for members of the clergy, no one shall be required to report under this section when he or she obtains the information solely as a result of a privileged communication as provided in” Washington State law.
Currently, the relevant portion of the law declares: “A member of the clergy, a Christian Science practitioner listed in the Christian Science Journal, or a priest shall not, without the consent of a person making the confession or sacred confidence, be examined as to any confession or sacred confidence made to him or her in his or her professional character, in the course of discipline enjoined by the church to which he or she belongs.”
This provision will be removed when Senate Bill 5375 takes effect in late July. The protections for other “privileged communications” under Washington law, including communications between an attorney and client as well as a physician and patient, are expected to remain in effect.
The Democrat-controlled Washington Senate passed the bill in a 28-20 vote, and the Democrat-controlled Washington House of Representatives voted 64-31 to advance the legislation. Votes in favor of the measure fell largely along party lines, with most support coming from Democrats and most opposition coming from Republicans. Two Senate Democrats broke with their party to oppose the bill, while five House Republicans joined Democrats in supporting it.
The Roman Catholic Church prohibits priests from sharing information they received during the Sacrament of Reconciliation, where Catholics confess their sins. The Catholic Church’s Code of Canon Law states that the “sacramental seal is inviolable; therefore, it is absolutely forbidden for a confessor to betray in any way a penitent in words or in any manner and for any reason.”
The Code of Canon Law authorizes the excommunication of any priest who “directly violates the sacramental seal.” In cases where the sacramental seal is violated “indirectly,” priests are subject to a punishment “according to the gravity of the offence.”
Archbishop Paul Etienne of the Roman Catholic Archdiocese of Seattle, which includes most of Washington’s population, said in a statement that “priests cannot comply with this law if the knowledge of abuse is obtained during the Sacrament of Reconciliation.” He assured Catholics that “their confessions remain sacred, secure, confidential and protected by the law of the Church.”
Etienne stressed that “the Catholic Church agrees with the goal of protecting children and preventing child abuse” and highlighted that the archdiocese “remains committed to reporting child sexual abuse, working with victim survivors towards healing and protecting all minors and vulnerable people.”
“While we remain committed to protecting minors and all vulnerable people from abuse, priests cannot comply with this law if the knowledge of abuse is obtained during the Sacrament of Reconciliation,” Etienne continued.
“The line between Church and state has been crossed and needs to be walked back. People of every religion in the State of Washington and beyond should be alarmed by this overreach of our Legislature and Governor.”
The bishop stressed that the new law forces priests to “violate their deeply held faith,” which he called a violation of the U.S. Constitution and a “breach of the free exercise of religion cannot stand under our Constitutional system of government.
In a statement shared with the media, Gov. Ferguson, who is Catholic, stated that his administration looks forward to “protecting Washington kids from sexual abuse in the face of this ‘investigation’ from the Trump Administration.”
Among groups that pushed for the law is the lobbying arm of the Wisconsin-based progressive secular legal organization Freedom From Religion Foundation, which claims the law “closes a longstanding and dangerous loophole that allowed clergy to withhold information about child abuse disclosed in confessional or pastoral settings.”
“The government has a compelling interest in protecting children from abuse,” FFRF Legal Director Patrick Elliott said in a statement. “This law does not target Christianity or Catholicism — it applies equally to all clergy. Religious freedom does not include the right to conceal abuse. The DOJ’s position undermines both child safety and the Constitution it purports to defend.”
Members of the clergy are considered mandatory child abuse reporters in 28 states, with all but a handful including limited exceptions for those who are bound to confidentiality, according to the website Mandated Reporter Training.
Ryan Foley is a reporter for The Christian Post. He can be reached at: ryan.foley@christianpost.com
