Washington is poised to require clergy members to report child abuse or neglect, even when it is disclosed in confession.
Nearly two-thirds of state House members approved a Senate bill on Friday night to make religious leaders mandatory reporters of abuse and neglect, adding them to a list that includes school counselors, police, and nurses.
With the passage of Senate Bill 5375 on a 64-31 vote, the legislation now goes to Democratic Gov. Bob Ferguson for signing.
“It’s long past time for this protection for children,” said state Sen. Noel Frame (D-Seattle), the bill’s sponsor, following the vote.
“Members of the clergy play such an important role in the lives of children, like teachers and doctors do, and just like those other trusted adults, clergy should be mandatory reporters.”
More than half of the states make clergy mandatory reporters, but most exempt what is heard in a confessional.
If the Senate bill is signed, Washington would join a handful of states, like New Hampshire and West Virginia, where such conversations are not exempt.
Removing that privilege played a large part in the House floor debate on Friday.
“This bill is an attack on the Catholic and other faiths,” said Rep. Jeremie Dufault (R-Selah).
Some Republicans said they could support making clergy members mandatory reporters as long as the confessional privilege was maintained.
“I have anger at people that do this because it is so wrong. I want something that will work,” said Rep. Tom Dent (R-Moses Lake).
“There is no way we can enforce this.”
Rep. Carolyn Eslick (R-Sultan) said she was abused as a five-year-old by a 16-year-old family friend.
But, she said, similar laws in other states didn’t reduce child abuse and neglect.
“If I thought for one minute it would help our children, I would vote for it,” she said.
Supporters of the bill argue that it will help protect children by ensuring that if they confide in a religious leader that they are being mistreated, they can trust that person will take action to help.
Rep. Monica Stonier (D-Vancouver), a survivor of childhood sexual abuse, emphasized that “what makes a difference is when it stops. It stops when it becomes known.”
State law currently requires teachers, police, registered nurses, social service counselors, and members of several other professions to report to law enforcement or the state Department of Children, Youth and Families if they have reasonable cause to believe that a child has suffered abuse or neglect.
The bill adds clergy to this list but retains their privilege not to be compelled to testify in court or criminal proceedings.
A “member of the clergy” is defined in the legislation as any regularly licensed, accredited, or ordained minister, priest, rabbi, imam, elder, or similarly positioned religious or spiritual leader.
The Washington State Catholic Conference opposed the legislation, asserting that it would force priests to break the seal of confession, which is considered a sacred promise to never reveal any of the information disclosed.
Republicans argued that the abusers would do more harm because they would no longer be able to freely confide and seek forgiveness.
“It will drive these conversations underground. No children will be protected,” said Rep. Hunter Abell (R-Inchelium).
This marked the third consecutive year Frame attempted to enact this change in the law.
“It’s finally on its way to the governor’s desk,” Frame said.
She expressed gratitude to the survivors of abuse who shared their experiences throughout the years of the legislative process.
“I hope their pain is lessened by the knowledge that there are future children who won’t have to suffer like they did, thanks to their advocacy,” she added.
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