Washington state lawmakers approve child abuse report requirement for clergy

• Washington state lawmakers approved Senate Bill 5375, requiring clergy to report child abuse, even if learned through confession. This would align them with other mandated reporters like educators and medical professionals.

• The bill has sparked controversy, particularly within the Catholic Church, where breaking the seal of confession results in excommunication, and some clergy say they are willing to face jail rather than violate this sacrament.

• The Seattle Catholic Diocese has faced scrutiny for past child abuse cases, with allegations of using tax-exempt funds to cover up abuse, further fueling debates around transparency and accountability.

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Washington state lawmakers have approved legislation that would add clergy to the list of professions that must report child abuse when they learn of it, even if it’s via confession. 

State representatives passed Senate Bill 5375 late Friday night, April 11. Next, the bill will go to the desk of Gov. Bob Ferguson, a Catholic.

What’s it do?

The bill amends the definition of clergy and other religious figures to remove their exemption from having to report child abuse. Should they learn about a situation of child abuse, even if it’s from a confessional booth, they must report it. 

“A mandated reporter must report at the first opportunity, but no longer than 48-hours after there is reasonable cause to believe that a child suffered abuse or neglect,” a summary of current law reads. “The report is to include the identity of the accused, if known.”

Religious figures would be under the same obligations as social services professionals, educators, medical professionals and others. 

The penalty for failing to follow the law is a gross misdemeanor. In Washington state, that carries up to one year in jail and a $5,000 fine. 

Catch-22

The bill has put the religious community at odds with victims’ rights advocates. In the Catholic church, the penalty for a priest who breaks the seal of confession is excommunication from the church. 

Clergy “…are committed to keeping the seal of confession — even to the point of going to jail,” Spokane Bishop Thomas Daly said of the legislation. “The sacrament of penance is sacred and will remain that way in the Diocese of Spokane.”

According to the Child Welfare Information Gateway, 29 states include members of the clergy among those professionals specifically mandated by law to report known or suspected instances of child abuse or neglect. Only New Hampshire and West Virginia require the reporting even if it’s heard in confession. 

Complicated history

The Seattle Catholic Diocese is one of many across the country that have come forward with the names of priests who face credible allegations and evidence of child sexual abuse. In 2016, it named 77 church officials accused of sexually abusing children. The diocese has a running list of names and has set up a website stressing transparency and advising those who have been abused and want to come forward. 

A King County judge in 2024 said church records were protected by a religious exemption from subpoena and must remain private. Gov. Ferguson, who at the time was attorney general, appealed the ruling.