(The Center Square) – A new Washington state law that requires clergy to report instances of child abuse or neglect – even when it’s disclosed in confession – has drawn the ire of the Catholic Church and praise from those who say such a law is long overdue.
The U.S. Department of Justice has since announced an investigation into the “development and passage” of Senate Bill 5375, which the DOJ says could violate the First Amendment’s right to free exercise of religion.
SB 5375 makes members of the clergy mandatory reporters of child abuse and neglect, meaning religious leaders – ministers, priests, rabbis and others – would be required to report suspected child abuse and neglect, even if they learned about it during a confession.
Per the law, slated to go into effect on July 27, “member of the clergy” covers any regularly licensed, accredited or ordained minister, priest, rabbi, imam, elder, or similarly positioned religious or spiritual leader.
“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 RCW 5.60.060,” according to the text of SB 5375.
The Catholic Church sees the new law as an attack on the seal of confession.
“The Catholic Church agrees with the goal of protecting children and preventing child abuse,” Seattle Archbishop Paul Etienne said in a news release on Sunday, just two days after Gov. Bob Ferguson signed SB 5375 into law. “The Archdiocese of Seattle remains committed to reporting child sexual abuse, working with victim survivors towards healing, and protecting all minors and vulnerable people. Our policies already require priests to be mandatory reporters, but not if this information is obtained during confession.”
Confessional privilege, or priest-penitent privilege, is the legal protection afforded to confidential communications between a religious leader and a congregation member. This privilege generally prevents a religious leader from being compelled to disclose the content of such communications in court or to law enforcement.
“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 said.
Not everyone agrees with the Catholic Church’s take on the new law, including Marino Hardin of Seattle, who was raised as one of Jehovah’s Witnesses in Spokane and worked to pass the law on behalf of abuse victims.
“I’m very proud that Washington has finally passed mandatory reporting for clergy, and joined the five leading states that don’t allow exceptions for reporting child abuse,” he emailed The Center Square.
New Hampshire, West Virginia, Indiana, New Jersey and North Carolina have laws requiring all individuals to report suspected child abuse or neglect, regardless of their profession or any other factor – that is, exemptions or privileges like those for clergy-penitent relationships are recognized.
“I think the choices made were the correct ones, and will lead to more reporting when children are abused within other religious groups, especially more insular groups such as the Jehovah’s Witnesses, where the clergy will frequently be a child’s only access to a mandatory reporter,” Hardin said.
He took issue with the notion that SB 5375 targets the Catholic Church, pointing out the new law was motivated mainly by Jehovah’s Witnesses and Mormons citing confession as a reason not to report abuse.
“I am disappointed in the DOJ’s attempts to paint it as ‘anti-Catholic,’ because as I testified, the reason for not allowing ‘confession’ as an excuse to not report is that other religious groups often claim that their internal investigations are their equivalent to a confession to avoid reporting requirements in states where it is allowed,” Hardin said.
The DOJ described SB 5375 as “Washington State’s new anti-Catholic law” in the headline of its news release announcing its investigation into the law.
