Washington state attorney general agrees to protect seal of confession

By Tim Clouser
The Center Square

The Washington State Attorney General’s Office reported on Friday that it has reached an agreement with the Catholic Church over a new abuse reporting law. The agreement stipulates that clergy are still mandatory reporters of child abuse, but it includes an exception for information learned exclusively during the Sacrament of Confession.

A federal court blocked the Office of the Attorney General, or AGO, from enforcing the law in July, just days before it was set to take effect. Senate Bill 5375 required Washington clergy members, including priests, ministers, rabbis and other people to act as mandatory reporters of child abuse and neglect.

The preliminary injunction barred Washington state from enforcing provisions that require those clergy members to report what they learn under the seal of confession. The AGO filed stipulations on Friday that make the injunctions permanent, requiring clergy to report only what they learn outside of confession.

The plaintiffs who sued the state hailed the court orders as a win for religious liberty that also protects children, and Brown framed it as preserving the Legislature’s authority to address issues with the law.

“It is a credit to the Attorney General of Washington, the Governor, and the Archbishop and Bishops that they were able to come together and find common ground under the First Amendment to protect religious liberty while seeking to eradicate the scourge of sexual abuse,” wrote Hiram Sasser, executive general counsel for First Liberty Institute, in a statement. “We can all learn from their noble examples.”

Several other states have passed laws making clergy members mandatory reporters, but most carve out exemptions for the seal of confession. The stipulation released on Friday said that SB 5375 sought to “deny members of the clergy the benefit of any privileged communication,” according to the filing.

If the law had taken effect on July 27, priests who upload the seal of confession would have faced a $5,000 fine, up to 364 days in jail and potential civil liability. The state’s child abuse reporting statute has exempted clergy since the 1970s, as well as attorneys, physicians and marital communications.

RCW 5.60.060 still carves out those exemptions for many other parties and will soon include clergy as well. First Liberty Institute says that the Archdiocese of Seattle and the Dioceses of Spokane and Yakima already require all church personnel to report suspected child abuse to law enforcement.

Jean Hill, executive director of the Washington State Catholic Conference, said that the church initially supported the proposal and only asked to protect the sacrament.

Becket Fund for Religious Liberty President and CEO Mark Rienzi said in a news release that the state was “wise to walk away from this draconian law,” calling Friday a “victory for religious freedom.”

“Today’s agreement respects the court’s decision in this case and maintains important protections for children,” Brown wrote in a statement on Friday. “It keeps crucial portions of Washington’s mandatory reporting law in place, while also preserving the Legislature’s authority to address issues with the law.”