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Yahoo
7 days ago
- General
- Yahoo
Catholic bishops sue Washington state over law requiring clergy to report child abuse
Catholic leaders in Washington have sued the state over a new law requiring clergy to report suspected child abuse, including details potentially revealed during confession. The lawsuit, filed last week on behalf of the bishops, alleges Senate Bill 5375, which was signed into law on May 2, violates the First Amendment and the Equal Protection Clause of the 14th Amendment. The law 'puts Roman Catholic priests to an impossible choice: violate 2,000 years of Church teaching and incur automatic excommunication, or refuse to comply with Washington law and be subject to imprisonment, fine, and civil liability,' the lawsuit states. The law's text doesn't target Catholics specifically. In fact, it upholds the mandatory reporting requirement for ministers, priests, rabbis, imams, elders or a 'spiritual leader of any church, religious denomination, religious body, spiritual community or sect," adding to a list that includes school employees and health care workers. The bill's sponsor, Democratic state Sen. Noel Frame, said she was motivated to create this bill following reports that Jehovah's Witnesses covered up child sexual abuse for years. But the Catholic bishops, of a denomination that has also been roiled over several years by child sex abuse scandals, argue in their filing that the law could be used to force them to violate their oaths if they're forced to relay child abuse information provided during confessions. The New York Times offered some helpful context here: Clergy are considered mandated reporters in a majority of states, meaning they are legally obligated to report to authorities if they suspect a child is being abused. In most states, however, the state reserves protections for the clergy-penitent relationship. In seven states, including New Hampshire and West Virginia, there is no such exception. (In Tennessee, the privilege is denied only in cases of child sexual abuse.) It's not clear that any priests have been prosecuted or penalized in those states over failing to report abuse that they learned about during a confession. In other words, the Washington state law isn't wholly unprecedented, even if it's controversial to some Catholics. And one might think the Trump administration, which has made a show of cracking down on purported child abuse, might support legislation such as this, which appears equipped to help Washington do so as well. But the Justice Department last month launched an investigation into the law, framing it as 'anti-Catholic.' In a statement responding to the lawsuit, Washington Gov. Bob Ferguson, who is Catholic, 'I'm disappointed my Church is filing a federal lawsuit to protect individuals who abuse kids." Ferguson has stated previously that Catholic Bishops potentially having to reveal child abuse claims they hear during confession didn't give him pause. 'I'm very familiar with it," he said. "Been to confession, myself. I felt this was important legislation for protecting kids. This article was originally published on
Yahoo
29-05-2025
- General
- Yahoo
Bishops sue to overturn new WA law requiring clergy to report child abuse
Gov. Bob Ferguson, at podium, goes to shake hands with state Sen. Noel Frame, D-Seattle, at the signing of a bill to make clergy mandatory reporters of child abuse and neglect, on May 2, 2025 in Olympia. At center is Mary Dispenza, a founding member of the Catholic Accountability Project. (Photo by Jerry Cornfield/Washington State Standard) Washington's leading Catholic bishops filed a lawsuit Thursday contending the new state law requiring religious leaders to report child abuse or neglect, even when it is disclosed in confession, is unconstitutional and should be invalidated. They argue the law violates their First Amendment right to practice religion free of government interference, and is religious discrimination because it will force priests to violate their sacred vows or face punishment by the state. It also violates a provision of the state constitution guaranteeing 'freedom of conscience in all matters of religious sentiment, belief and worship,' they assert. They want the law set aside and an injunction barring criminal investigations or prosecution of Roman Catholic clergy for not divulging information learned in confession. The new law 'puts Roman Catholic priests to an impossible choice: violate 2,000 years of Church teaching and incur automatic excommunication or refuse to comply with Washington law and be subject to imprisonment, fine, and civil liability,' the suit reads. Archbishop Paul Etienne of Seattle, along with Bishop Joseph Tyson of Yakima and Bishop Thomas Daly of Spokane, are the lead plaintiffs in the suit filed in the U.S. District Court in Tacoma. Gov. Bob Ferguson, Attorney General Nick Brown and the prosecuting attorney in each of Washington's 39 counties are named as defendants. Hiram Sasser, executive general counsel for First Liberty Institute, one of the groups representing the bishops, called the law 'a brazen act of religious discrimination.' 'For centuries, Catholic priests have been willing to die as martyrs rather than violate this sacred duty. A few politicians in Washington state won't break them. And the Constitution protects them,' he said in a statement. First Liberty Institute represented the Bremerton High School football coach who successfully challenged his firing for gathering with players to pray on the field following games. That case went to the U.S. Supreme Court. Mike Faulk, a spokesman for the Washington attorney general, said in an email that they are reviewing the suit. A Ferguson spokesperson did not respond to a request for comment from the governor. This legal fight centers on Senate Bill 5375, which Ferguson signed into law on May 2 and will take effect July 27. It adds clergy members to the state's list of individuals legally required to report suspected child abuse to law enforcement or the Department of Children, Youth and Families. Disclosures in confession or other rites where the religious leader is bound to confidentiality are not exempt. But under the law, they will retain their privilege to not be compelled to testify in related court cases or criminal proceedings. Catholic leaders assert in the suit that existing policies adopted by the dioceses in Seattle, Yakima and Spokane 'go further in the protection of children than the current requirements of Washington law.' They also iterate that confession of sins is one of the seven sacraments of the Roman Catholic Church and is protected by the sacramental seal, which forbids sharing anything disclosed by a penitent. 'The use of a religious practice to further the State's policy goals violates basic constitutional principles prohibiting the excessive entanglement of church and state,' the suit reads. With the law in place, priests would be forced to choose between 'temporal criminal punishment and eternal damnation,' it adds. The Washington State Catholic Conference opposed the bill largely because it did not exempt disclosures heard in the confessional. 'This trust is sacred, and any law that jeopardizes it risks discouraging those who recognize the harm they have caused from seeking moral guidance,' said Jean Hill, the organization's executive director, in a statement. On May 5, the U.S. Department of Justice announced it had opened a civil rights investigation into the 'apparent conflict' of the new law with 'the free exercise of religion under the First Amendment.' Federal officials have provided no updates since the announcement. When he signed the bill, Ferguson said keeping the confessional in the bill did not give him pause. As a Catholic, he said, 'I'm very familiar with it. Been to confession, myself. I felt this was important legislation for protecting kids.'
Newsweek
28-05-2025
- Politics
- Newsweek
New Confession Box Law Has a Legal Problem: Lawyer
Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content. Washington State's bill to tackle sexual abuse has another legal problem when it comes to discerning between what speech is confidential and what is not, according to contract law professor Mark Movsesian. Writing for the news outlet Reason, Movsesian said: "Washington's law expressly preserves other professional privileges, like the attorney-client privilege, but explicitly eliminates the clergy-penitent privilege. That unequal treatment presents a serious problem under current free exercise law." The law, which is set to take effect on July 2, has already come under scrutiny from leaders within the Catholic Church, who say it directly undermines their ability to keep confessions confidential and sets priests up to either be arrested for breaking the law or excommunicated from the Church for exposing secrets told to them in Confession. Professor Movsesian and the Washington State bill sponsor, State Senator Noel Frame, and Washington State Attorney General Nick Brown have been contacted via email for comment. The exterior of the Washington State Capitol building is seen Friday, April 25, 2025, in Olympia, Washington. The exterior of the Washington State Capitol building is seen Friday, April 25, 2025, in Olympia, Washington. Maddy Grassy/AP Photo Why It Matters The law has triggered a national conversation about the boundaries of church and state at a time when the Justice Department (DOJ) under the Trump Administration is making efforts to crack down on what it sees as "anti-Chrisitan bias" in the United States. What To Know The new statute—signed by Governor Bob Ferguson—mandates clergy report suspected child abuse within 48 hours, aligning them with existing reporting laws for police officers, nurses, and teachers. It has received significant pushback from Catholic leaders, however, the law's sponsor, State Senator Noel Frame, said she wrote the law in part due to secrecy practices within the Jehovah's Witness church which they likened to Catholic Confession. According to Frame, herself an assault survivor, Jehovah's Witnesses were taken to court in Washington State following an investigation into sexual abuse and claimed that their internal review process could remain private as they were covered by anonymity akin to a Catholic confession. However, Catholic leaders in the state are pushing back against this bill, saying that they are already mandatory reporters in every scenario except for confession. And, if they hear something that should be reported while in confession, they can encourage that person to speak to them in a different, safe place and to seek professional and legal help. Now, Professor Movsesian has brought up another legal question, which is how the state differentiates between confidentiality in one setting versus another. Movsesian discussed the bill with Catholic University law professor Marc DeGirolami. Professor DeGirolami said: "In this case, Washington allows secular privileges, like the attorney-client... "The fact of including clergy in the same kinds of reporting requirements as everybody else I don't think is the singling out of religion, it's simply the inclusion of religion or clergy with respect to this reporting requirement that all others or a number of other professionals are subject to. That I don't think is a targeting issue. But, here it's the privilege issue, the privilege component that I think is the tricky part, so it allows secular privileges, like the attorney-client privilege, but it denies the religious equivalent." DeGirolami went on to say: "Under the "most-favored nation" privilege of free exercise, that's a problem. That's the kind of discriminatory structure in a law that the court isn't going to look on favorably." He said it is legally questionable to allow therapists or lawyers to retain confidentiality with their clients but not clergy. And that making a distinction between which professions are allowed this privilege could create an argument for the existence of religious discrimination. Movsesian goes on to discuss another legal debate from 1813, People v Phillips, when a priest refused to testify in a case about stolen goods that were returned to him during confession. Lawyers for New York State said that religion was no excuse for defying public safety. However, the judge ruled in favor of the priest, saying that the state could not force the priest to defy "one of the central ordinances of his faith." The bill is being investigated by the Justice Department (DOJ), which says this bill conflicts with the First Amendment right to the free exercise of religion in Washington State. Attorney General Pam Bondi speaks at a news conference at the Justice Department, Feb. 12, 2025, in Washington. Attorney General Pam Bondi speaks at a news conference at the Justice Department, Feb. 12, 2025, in Washington. Ben Curtis, File/AP Photo What People Are Saying Marc DeGirolami, speaking on Legal Spirits: "If you let lawyers withhold the evidence, or if you let psychotherapists withhold the evidence, why aren't you letting clergy in the context of a confessional withhold evidence? ... if the interest is really compelling, either you want all the evidence or you're making some kind of judgment about which relationships deserve legal protection and arguably that's where religious discrimination comes in. But it's also a suggestion that your interest really isn't as compelling as you're saying it is because if it were you'd make no exceptions to it." Assistant Attorney General Harmeet K. Dhillon of the Justice Department's Civil Rights Division said in a May 5 news DOJ news release: "[The law] demands that Catholic Priests violate their deeply held faith in order to obey the law, a violation of the Constitution and a breach of the free exercise of religion cannot stand under our Constitutional system of the law appears to single out clergy as not entitled to assert applicable privileges, as compare d to other reporting professionals. We take this matter very seriously and look forward to Washington State's cooperation with our investigation." Jean Hill, executive director of Washington State Catholic Conference (WSCC), told Newsweek: "The WSCC supported the mandatory reporting legislation throughout its history in the Washington state legislature. Our only request was that the state uphold our state and federal constitutional rights to maintain the Seal of Confession, as required by Canon Law." What Happens Next The DOJ is taking Washington State to court over this law. It is unclear at this time whether it will take effect on July 27.
Yahoo
03-05-2025
- Politics
- Yahoo
Governor Ferguson signs bill into law requiring clergy members to report abuse
The Brief The signing comes after a years-long debate between people who say the law is needed to better protect children, and those fearful the move could infringe on people's religious freedoms. OLYMPIA, Wash. - Priests, rabbis and other religious leaders will soon become mandatory reporters of child abuse under legislation signed into law by the governor on Friday morning. Going into effect on July 26, Senate Bill 5375 will require members of the clergy to tell police if they suspect any harm has been done to a child – much like doctors, teachers and other professions. Religious leaders would also have to make a report even if they learned that information during a confession or other sacred confidence, a departure from existing law. Though their privilege to not be compelled to testify in court remains in statute. According to a report from the federal government, Washington is one of five states that does not explicitly or implicitly require clergy to report suspected child abuse or neglect. While most states exempt information learned in confession from mandatory reporting, Washington would join a handful of states, including New Hampshire and West Virginia, that do not have an exemption. "There are some things that it doesn't matter what religion you are in, you never put somebody's conscience over the protection of a child," said Prime sponsor Noel Frame, D-Seattle. The bill was driven by sexually abused members of the Catholic and Jehovah's Witness faiths coming forward who said Washington needed to close a loophole in state law that allows abuse to go unreported. Mary Dispenza, a victim of clergy abuse as a child, said kids will be safer as a result of the new law. "It really said the church is not above the law, no one is above the law, especially when it comes to protecting children," she said. This is the third time the legislation has been attempted, with a large sticking point being around whether or not to have an exemption for information learned from confession. Opponents previously expressed concern that the bill would be an unconstitutional limit on one's ability to freely practice religion. They also argued it would put clergy at risk of violating their divine duties. "It is forcing somebody who's given their entire life – raised their hand, made an oath with God almighty – to choose between God's law and man's law," Sen. Leonard Christian, R-Spokane Valley, said during a Senate debate on the bill in February. Talking to reporters after signing the bill, Gov. Ferguson said even as a Catholic himself, the legislation was "pretty straightforward." "My uncle was a Jesuit priest for many years, (I've) been to confession myself – and so I'm very familiar with that," the Democratic governor said. "I felt this was important legislation and protecting kids is first priority." Albert James is a television reporter covering state government as part of the Murrow News Fellowship program – a collaborative effort between news outlets statewide and Washington State University. The Source Information in this story came from the Olympia News Bureau. Social media says Seattle ports are empty — but data shows growth Irish woman returning from visiting sick father detained at Tacoma ICE facility 'Violated, degraded, dehumanized': Ex-Seattle police official Jamie Tompkins demands $3M Idaho judge slams Bryan Kohberger's 'hollow' attempt to dodge death penalty First confirmed Pacific Northwest sighting of invasive Chinese mitten crab WA pilot program offers free walk-on ferry rides to San Juan Islands To get the best local news, weather and sports in Seattle for free, sign up for the daily FOX Seattle Newsletter. Download the free FOX LOCAL app for mobile in the Apple App Store or Google Play Store for live Seattle news, top stories, weather updates and more local and national news.
Yahoo
02-05-2025
- Politics
- Yahoo
New law requires clergy in Washington to report child abuse
Gov. Bob Ferguson, at podium, goes to shake hands with state Sen. Noel Frame, D-Seattle, at the signing of a bill to make clergy mandatory reporters of child abuse and neglect, on May 2, 2025 in Olympia. At center is Mary Dispenza, a founding member of the Catholic Accountability Project. (Photo by Jerry Cornfield/Washington State Standard) Religious leaders in Washington will be required to report child abuse or neglect, even when it is disclosed in confession, under a new law signed by Gov. Bob Ferguson on Friday. 'Protecting our kids, first, is the most important thing. This bill protects Washingtonians from abuse and harm,' Ferguson said, noting Washington is one of five states in which clergy are not currently mandated reporters. It took Sen. Noel Frame, D-Seattle, three years to get the bill to the governor's desk. Making sure disclosures during confidential conversations between a penitent and religious leader were not exempt was critical, she said. 'You never put somebody's conscience above the protection of a child,' she said. Senate Bill 5375 passed by margins of 64-31 in the House and 28-20 in the Senate. It takes effect July 27. It adds clergy members to the state's list of individuals legally required to report suspected child abuse to law enforcement or the Department of Children, Youth and Families. Clergy would join school personnel, nurses, social service counselors, psychologists, and many others with a duty to report when they have 'reasonable cause to believe that a child has suffered abuse or neglect.' A 'member of the clergy' is defined in the legislation to cover any regularly licensed, accredited, or ordained minister, priest, rabbi, imam, elder, or similarly positioned religious or spiritual leader. While disclosures in confession or other religious rites where the clergy member is bound to confidentiality are not exempt, religious leaders will retain their privilege to not be compelled to testify in related court cases or criminal proceedings. More than half the states make clergy mandatory reporters and most exempt what is heard in a confessional. Washington will join several states, including New Hampshire and West Virginia where such conversations are not exempt. 'It says the church is not above the law, especially when it comes to protecting children,' said Mary Dispenza, a founding member of the Catholic Accountability Project and member of the Survivors Network of those Abused by Priests. 'We know children will be safer as a result of passing this law.' Removing the confessional privilege proved the most divisive provision in legislative debates. It's the chief reason the Washington State Catholic Conference opposed the legislation. They said it would force priests to break the seal of confession, considered a sacred promise to never reveal any of the information disclosed. Most Republican lawmakers were opposed to including the confessional, too. They argued in hearings and floor debates that abusers would do more harm because they would no longer be able to freely confide and seek forgiveness. Keeping the confessional in the bill did not give Ferguson pause. 'Not for me,' he said. As a Catholic, 'I'm very familiar with it. Been to confession, myself. I felt this was important legislation for protecting kids.' Frame has said her push for the legislation began after reading an InvestigateWest account of a lawsuit alleging a Jehovah's Witnesses congregation in Spokane covered up abuse of children by an elder. Momentum grew as Catholic and Jehovah's Witness survivors shared their stories with lawmakers and argued for including the confessions, she said. 'This is going to protect children in other religious communities, especially Jehovah's Witnesses,' said Marino Hardin of Seattle, who worked to pass the law on behalf of abuse victims. 'I believe that a lot more children will not fall through the cracks.'
