Legal Challenges Surround New Child Abuse Reporting Law in Washington
Figures from the Roman Catholic Church, along with the U.S. Department of Justice, are taking steps to challenge a law recently passed by Washington’s state legislature and signed by Governor Bob Ferguson. This controversial legislation is slated to go into effect on July 27.
The existing law does not include clergy among those mandated to report child abuse. In current terms, individuals from various organizations need to report incidences of abuse or neglect only if they have direct access to the child in a professional capacity. Interestingly, there is a provision that states if information is received through privileged communication, no report is necessary.
Catholic bishops express intention to resist laws that challenge the sanctity of confessional trust: “Submit to God, not to man.”
The new law, Senate Bill 5375, modifies the language to explicitly state “except for members of the clergy.” This has led to significant unrest among church leaders.
In May, a complaint was filed by several clergy members, including Seattle’s Archbishop Paul D. Etienne. They claimed that Washington’s actions unfairly discriminate against the Roman Catholic Church by targeting it with laws that violate religious freedoms.
A temporary injunction was requested in June, urging the court to prevent the enforcement of the amended reporting requirements.
Church Faces Dilemma: Compliance with State Laws vs. Confessional Confidentiality
The U.S. Department of Justice is also addressing the new law, emphasizing the conflict it presents for clergy members. The law forces priests in Washington to choose between their religious obligations under the Catholic Church and potential legal repercussions. It distinguishes clergy from others in terms of protected communication, which raises concerns about equal treatment under the law.
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The government has formally requested a temporary injunction to halt the law’s implementation.
