Governor Ferguson signs bill into law requiring clergy members to report abuse

OLYMPIA, Wash. – Priests, rabbis and other religious leaders will soon become mandatory reporters of child abuse under legislation signed into law by the governor 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.