Federal court blocks WA's clergy abuse reporting law

DOJ investigating new WA law requiring clergy to report child abuse

Clergy in Washington state are now mandatory reporters of child abuse under a new law.

SEATTLE - A federal court blocked Washington's new law requiring priests to report sexual abuse disclosed during confession, arguing it singles out Catholics and violates their "sacramental seal."

The law, signed by Governor Bob Ferguson in May and slated to go into effect on July 26, would require clergy members to report any abuse disclosed to them. The law defines "clergy members" as "any regularly licensed, accredited, or ordained minister, priest, rabbi, imam, elder, or similarly situated religious or spiritual leader of any church, religious denomination, religious body, spiritual community, or sect."

Catholics took issue with the new law, particularly as it pertains to confession — which is a protected act. If a priest were to divulge anything that was told to them during confession, they could be excommunicated from the church. Similarly, if they upheld their vows and did not report abuse that was disclosed during confession, they could face a $5,000 fine and up to 364 days in jail.

Seattle Archbishop Paul Etienne sued Governor Ferguson over the new law, and Catholic priests say it puts them in an impossible position.

A judge agreed the law "treats religious activity less favorably than comparable secular activity," as law professors are exempt from such mandatory reporting due to their privileges. Plaintiffs further argued that not reporting abuse does not mean they simply ignore it — Etienne writes that Archdiocese policy requires priests to direct those who confess to them to self-report or to seek further counseling from clergy or authorities.

What they're saying:

"This ruling confirms what has always been true: In America, government officials have no business prying into the confessional," said Mark Rienzi, president and CEO of Becket. "By protecting the seal of confession, the court has also safeguarded the basic principle that people of all faiths should be free to practice their beliefs without government interference."

Washington Attorney General Nick Brown issued the following statement:

"The opinion enjoins enforcement of the new law only ‘as to the Sacrament of Confession.’ See Order at p. 25. In other words, if clergy learn about abuse in any other setting, the injunction does not change that they are now mandated reporters. The law will take effect July 27 and clergy, as defined in the bill, will become mandatory reports on that date."

Washington's mandatory reporter law blocked, what's next?

What's next:

The law is temporarily blocked from going into effect. It is not yet known when future hearings will be scheduled.

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