On Monday, several Orthodox Christian churches, alongside Catholic leaders, filed a federal lawsuit against the state of Washington, challenging a newly passed law that mandates clergy to report child abuse or neglect even if the information is disclosed during the sacrament of confession. This lawsuit highlights a growing tension between religious freedom and mandatory reporting laws designed to protect vulnerable children from abuse.
The lawsuit, supported by the conservative legal group Alliance Defending Freedom (ADF), claims that Washington’s Senate Bill 5375 (SB 5375) infringes on religious rights by compelling priests to breach the confidentiality of confession, which is considered sacred by many Christian denominations. The law, which takes effect on July 27, requires clergy members to report child abuse or neglect, disregarding the centuries-old doctrine of confidentiality that applies to private religious practices.
The Legal Conflict: Religious Freedom vs. Mandatory Reporting
SB 5375 marks a significant shift in Washington’s child abuse reporting laws, adding clergy to the list of mandatory reporters, a category that already includes healthcare professionals, mental health counselors, and educators. Prior to the passage of this law, clergy were exempt from reporting abuse disclosed in confession, a privilege traditionally afforded by religious organizations to ensure the privacy of religious counseling.
According to the ADF, this law singles out clergy members for their religious practices, compelling them to break a fundamental tenet of their faith. John Bursch, senior counsel and vice president of appellate advocacy at ADF, stated, “Washington is targeting priests by compelling them to break the sacred confidentiality of confession while protecting other confidential communications, like those between attorneys and their clients.” The lawsuit argues that this exemption for non-religious professionals but not clergy constitutes religious discrimination, violating the First Amendment rights to free exercise of religion.
The Orthodox Church of America, along with several other Orthodox jurisdictions, is part of this lawsuit. They argue that every state, including Washington, traditionally upholds clergy-penitent privilege, and that SB 5375 undermines this long-standing practice.
The State’s Position: Protecting Children’s Safety
Supporters of SB 5375 argue that the law is necessary to protect children from abuse and neglect, especially in cases where abuse is disclosed in private settings, such as during confession. In a press release, Sharon Huling of the Clergy Accountability Coalition emphasized that the law holds all members of the clergy accountable for reporting abuse. The law extends beyond Catholic and Orthodox priests to include leaders of other religious organizations, such as Independent Fundamental Baptists, Jehovah’s Witnesses, and Protestant pastors.
Huling clarified that the new law does not force clergy to testify in court, but requires them to report any credible knowledge of child abuse. “We believe that the law will be upheld as constitutional,” she stated, referencing Washington’s religious freedom clause, which allows for freedom of conscience but limits practices that pose a threat to public safety.
Broader Implications for Clergy-Confidential Communication
The legal battles currently unfolding in Washington are part of a broader national conversation about the role of clergy in mandatory reporting laws. In the wake of child sexual abuse scandals within religious organizations, many states have taken steps to address clergy confidentiality in cases of abuse. Washington joins several other states, including New Hampshire, West Virginia, and Texas, in eliminating clergy-penitent privilege for cases of child abuse or neglect.
In fact, the recent lawsuits mirror an earlier federal civil rights investigation initiated by the U.S. Department of Justice. The DOJ expressed concerns that SB 5375 may violate First Amendment protections for religious groups. Assistant Attorney General Harmeet K. Dhillon emphasized, “SB 5375 demands that Catholic priests violate their deeply held faith in order to obey the law, a violation of the Constitution.”
This investigation adds a layer of complexity to the legal challenge, suggesting that the conflict between mandatory reporting and religious rights may ultimately require a high court decision.
Legal and Privacy Concerns
The debate surrounding SB 5375 also raises broader issues related to data privacy and the protection of confidential communications. While clergy are typically not required to testify in court about confidential matters, the new law does mandate reporting of abuse, potentially putting sensitive personal information at risk. Critics argue that forcing clergy to report disclosures from confession undermines the trust that congregants place in religious counseling, which could have far-reaching consequences for both clergy and parishioners.
Additionally, the law could lead to confusion for other mandatory reporters, such as healthcare providers and counselors, who already operate under stringent confidentiality agreements. If clergy members are required to disclose confidential information in cases of abuse, other professionals might wonder whether their own communications will also be subject to scrutiny.
The Legal Path Forward
As this legal battle continues, the resolution of this case could have lasting implications not only for clergy members and their congregants but also for the broader issue of religious freedom and child protection. The federal courts will likely have to balance the state’s interest in protecting children from abuse with the constitutional protections granted to religious practices.
For survivors of abuse or neglect, the legal landscape surrounding mandatory reporting laws is complex. If you or someone you know is affected by abuse or the challenges of reporting it, contact Helping Survivors today. Our team of compassionate experts can connect you with resources, legal support, and guidance to help you navigate the process and take the next steps on your path toward healing and justice.
