The Justice Department announced last week that it has opened a civil rights investigation into Washington State Senate Bill 5375, a newly enacted law signed by Governor Bob Ferguson on May 2, 2025.
The department stated that the bill appears on its face to violate the First Amendment of the U.S. Constitution.
Senate Bill 5375 adds “members of the clergy” to the list of professionals in Washington State who are mandated reporters of information related to child abuse or neglect. The law, as passed, does not include an exception for the seal of confidentiality that is central to religious confessions, particularly within the Catholic faith.
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Adding to the concerns, the new Washington law reportedly designates “members of the clergy” as the sole “supervisors” who are explicitly prevented from using applicable legal privileges, including those related to religious confessions, as a defense against the mandatory reporting requirement.
The Justice Department’s Civil Rights Division will lead the investigation, focusing on the apparent conflict between the legislation and the free exercise of religion, a fundamental right protected by the First Amendment.
Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division sharply criticized the new law in a statement.
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“SB 5375 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 government,” said Dhillon. “Worse, the law appears to single out clergy as not entitled to assert applicable privileges, as compared to other reporting professionals. We take this matter very seriously and look forward to Washington State’s cooperation with our investigation.”
The investigation will examine the development and passage of the bill to determine if it unconstitutionally burdens religious practice and discriminates against clergy. The state of Washington has not yet publicly commented on the Justice Department’s investigation.
SB 5375 is scheduled to go into effect on July 27, 2025. The Justice Department’s investigation could potentially lead to legal action challenging the implementation and constitutionality of the law.
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