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DOJ investigating ‘anti-Catholic’ Washington state law requiring clergy to report child abuse

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DOJ investigating ‘anti-Catholic’ Washington state law requiring clergy to report child abuse

Context:

A new Washington state law mandates clergy members to report child abuse or neglect learned through confessionals, which the U.S. Department of Justice (DOJ) is investigating for potential First Amendment violations. The law, signed by Governor Bob Ferguson, provides no exemption for religious confidentiality, which is a key tenet of Catholic confessions. The DOJ argues that the law unfairly targets clergy by denying them legal privileges available to other professionals. Washington is one of the few states without exceptions for clergy in mandatory reporting laws, contrasting with most states that allow such exemptions. The investigation by the DOJ's Civil Rights Division seeks to determine if the law infringes on religious freedom, with Assistant Attorney General Harmeet K. Dhillon expressing concern over the constitutional implications for Catholic priests forced to break their faith's confidentiality traditions.

Dive Deeper:

  • Washington state's new law requires clergy to report child abuse learned through confessions, adding them to the list of mandatory reporters without religious exemptions, raising concerns about First Amendment rights.

  • The DOJ has initiated a civil rights investigation into the law's compliance with constitutional religious protections, particularly focusing on its impact on Catholic priests who traditionally uphold confessional confidentiality.

  • The law, signed by Governor Bob Ferguson, is unique as Washington becomes one of the few states without exemptions for clergy in mandatory reporting laws, unlike most states that protect confessional information.

  • Assistant Attorney General Harmeet K. Dhillon criticized the law for compelling clergy, specifically Catholic priests, to violate their religious beliefs and confidentiality vows, which could be seen as a constitutional breach.

  • The DOJ's concerns highlight the law's potential to single out clergy by stripping them of legal privileges that other professionals can claim, such as the confidentiality of religious confessions.

  • The new legislation, set to take effect on July 26, has sparked significant debate, as it contrasts with broader U.S. legal norms that respect religious practices and confidentiality privileges.

  • The investigation aims to assess whether the law's enforcement violates the free exercise of religion guaranteed by the Constitution, with the DOJ emphasizing the seriousness of these constitutional considerations.

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