Lawyers representing the Catholic bishops of Washington have filed a lawsuit seeking to block the implementation of the state’s mandatory reporting law, alleging that the legislation discriminates against the Roman Catholic Church.
The lawsuit was initiated following the Washington Legislature’s recent decision to include clergy among those legally obligated to report suspected child abuse.
Previously, various professions such as police officers, nurses, and school personnel were required to report suspected abuse within 48 hours, under state law. The failure to comply with this requirement is classified as a gross misdemeanor.
The newly passed bill, however, does not incorporate an exemption for what is known as “penitential” communication, which involves confessions made by congregation members to clergy members.
Governor Bob Ferguson, who signed the bill into law in May, stated that the legislation’s primary purpose is to protect children from abuse.
As a Catholic and with a family background tied to the Jesuit community, he emphasized his commitment to prioritizing the safety of children, indicating that this was a personal issue for him as well.
Unless a court intervenes, the law is set to take effect on July 27.
In the broader context, 30 states have designated clergy as mandatory reporters, while an additional 14 jurisdictions have universal mandatory reporting laws.
The lack of an exemption for confession-related disclosures in Washington’s reporting law has generated significant controversy.
Spokane Catholic Bishop Thomas Daly and Seattle Archbishop Paul Etienne have previously indicated their intention not to comply fully with the law.
Daly expressed a strong commitment to the seal of confession, suggesting that clergy might face imprisonment rather than compromise their religious obligations.
Etienne echoed this sentiment, noting that any clergy member who diverts from this sacred confidentiality could face excommunication from the church.
The law has further attracted attention from national figures, including the Trump administration.
In May, the Department of Justice launched an investigation, claiming that the new law appears to violate the First Amendment rights of clergy members.
The investigation is being led by the Civil Rights Division of the Department of Justice.
In response to the law, Daly, Etienne, and Yakima Bishop Joseph Tyson proceeded to file a federal lawsuit against Governor Ferguson, Attorney General Nick Brown, and Washington’s 39 county prosecutors.
The bishops argue that the legislation constitutes a significant act of religious discrimination.
On Monday, their legal representatives urged a federal judge in Tacoma to issue a block against the law.
As of Tuesday afternoon, a decision had yet to be reached, although a ruling is anticipated before the law’s scheduled implementation date.
The bishops’ lawsuit claims that the mandatory reporting requirement infringes upon the free exercise and establishment clauses of the First Amendment, as well as the equal protection clause of the Fourteenth Amendment and provisions of the Washington Constitution.
The complaint underlines that the law presents an impossible dilemma for Roman Catholic priests: they must choose between violating longstanding church doctrine, which could lead to automatic excommunication, or facing legal repercussions for noncompliance.
In reaction, attorneys for the state defended the reporting requirement, asserting that it treats clergy similarly to other professionals recognized as having a unique ability to identify and report suspected child abuse.
The state objected to the request for a preliminary injunction, contending that the clergy has not demonstrated any imminent and irreparable harm, arguing that the public’s interest in preventing child abuse takes precedence over the bishops’ speculative concerns regarding their religious practices.
Senator Noel Frame, D-Seattle, who sponsored the bill, described it as essential for ensuring that necessary information is conveyed to authorities, allowing them to act in the best interest of children’s safety.
Frame had previously introduced similar legislation in both 2023 and 2024, with the latter proposals also lacking exemptions for confidential communications but receiving mixed responses.
“Ensuring the state has the needed information to protect children is paramount,
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