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Washington state recently passed one of the most extreme anti-religious-liberty laws in America. If it is allowed to go into full effect, it could have a far-reaching impact on protections for clergy in states across the country.
Senate Bill 5375 effectively requires clergy to serve as agents of Washington state, compelling them to report child abuse and mistreatment to government authorities. On the surface, that might sound like a good change. But in reality, it means priests, pastors, rabbis, and other religious leaders could soon be forced to report parents who refuse to affirm a child’s chosen gender identity, oppose abortion, or hold traditional beliefs about sexuality.
Even the confessional is not safe. Under this law, if a child admits during a sacred religious rite that their parents will not recognize their preferred gender or support an abortion, the priest hearing that confession could face criminal charges for failing to inform the state.
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New Rules for Clergy
In May, Washington Gov. Bob Ferguson, a Democrat, signed SB 5375 into law. Prior to Ferguson’s approval, the legislation had received overwhelming support from Democrats in the state’s legislature.
SB 5375, which went into effect on July 27, has been sold by its supporters as an important effort to protect children from abuse, especially sexual crimes. Under the legislation, clergy are now lumped in with teachers, nurses, social workers, psychologists, and a long list of others who must alert the authorities whenever they have “reasonable cause to believe” a child has been abused or neglected.
Importantly, the law requires clergy to report potential abuse regardless of how it came to their attention. That means that clergy must report what they hear even when the source of the information is from a religious confession.
Confession is a rite practiced by multiple theological traditions, including Roman Catholics and some Anglicans and Lutherans.
In many churches that practice confession, clergy are required to keep much of what they learn confidential. It’s an essential practice, because without confidentiality, many people would be unwilling to confess. Catholic clergy can even be removed from ministry if they violate their oath to keep confessions a secret.
The legislation is a clear violation of religious liberty, as it requires clergy to violate their oaths. But supporters of the law say that protecting children from sexual and physical abuse is more important than religious rights.
Following the passage of the law, three Catholic bishops sued the state, alleging that the legislation violates the First Amendment.
In July, a U.S. District Court granted a temporary injunction that blocks Washington officials from requiring clergy to report what they hear during a confession. However, the injunction does not apply to situations in which clergy hear about potential abuse through other means.
It’s Worse than You Think
Thus far, the media coverage of the law has focused on its demand for clergy to report physical and sexual abuse, as well as questions about First Amendment protections for clergy. But the legislation goes much further than forcing religious leaders to report physical and sexual abuse, a requirement that many in the public are sympathetic to.
The law also includes vague mandates about reporting “maltreatment” and “negligent treatment,” which includes anything negatively affecting a child’s “welfare” and “health.” These obscure requirements will almost certainly be used to force clergy to tell state officials when parents have conflicts about issues related to abortion, gender identity, and even sex, making this law’s assault on religious freedom even more extensive than most have recognized.
For illustration, under other existing Washington state regulations and laws, access to abortion is treated as a health care right for minors, regardless of what that child’s parents believe.
Further, the Washington Department of Children, Youth, and Families has issued guidance requiring foster parents and caregivers to affirm a child’s sexual orientation and gender identity.
As these examples show, in Washington state, denying a child’s gender identity or trying to stop an abortion is considered to be bad for a kid’s health and welfare.
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In practice, this could mean that under SB 5375, if parents seek pastoral counsel about trying to stop their teenage daughter from having an abortion, or if they discuss strategies for preventing a child from transitioning to a different gender, the pastor or priest listening could be compelled to report those parents to the state. It all depends on how Washington state officials and courts choose to interpret SB 5375’s vague language about “maltreatment,” “health,” and “welfare.”
Supporters of SB 5375 insist this is all about protecting children from abuse, but for many progressive government officials, “abuse” includes countless commonly held religious views.
If this law is allowed to stand, it won’t stop with Washington. Other progressive states will adopt similar measures, using vague definitions of “maltreatment” and “welfare” to spy or even criminalize parents who hold traditional moral beliefs.
Americans must decide now whether they will tolerate a government that spies on sacred rites and punishes families for living out their faith, or whether they will demand that their leaders defend freedom.
If the courts fail to uphold the First Amendment, Congress must act, stripping federal funds from states that trample religious liberty. With another election just over a year away, the time to act is now.
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