Fact Check: DOJ Argues New Law Violates First Amendment Religious Freedoms
What We Know
The U.S. Department of Justice (DOJ) has initiated a civil rights investigation into Washington State's Senate Bill 5375, which was signed into law on May 2, 2025. This law mandates that "members of the clergy" report any information related to child abuse or neglect that they receive during confessional settings to law enforcement, without any exceptions for the confidentiality traditionally afforded to such confessions in Catholic doctrine (source-1). The DOJ's investigation is based on the assertion that this requirement infringes upon the First Amendment rights of free exercise of religion, particularly for Catholic priests who may be compelled to violate their religious beliefs in order to comply with the law (source-4).
Assistant Attorney General Harmeet K. Dhillon emphasized that the law appears to specifically target clergy, denying them the ability to invoke legal privileges that other professionals can rely on, thus raising significant constitutional concerns (source-1).
Analysis
The DOJ's position is rooted in the belief that the law violates the First Amendment by compelling clergy to act against their religious convictions. The investigation is not merely a theoretical exercise; it reflects a serious legal challenge to the law's constitutionality. The DOJ argues that the law's requirement for clergy to report confessions of abuse fundamentally conflicts with the religious practices of the Catholic Church, which holds the confidentiality of confession as sacrosanct (source-6).
Critics of the DOJ's stance, such as the Freedom From Religion Foundation (FFRF), argue that the investigation represents a misinterpretation of religious freedom. They contend that the law serves to protect vulnerable individuals, particularly children, and that clergy should not be exempt from reporting abuse simply because it was disclosed in a religious context (source-8). This perspective highlights a tension between the protection of religious freedoms and the safeguarding of public welfare.
The sources cited are credible, with the DOJ being a primary federal authority on civil rights and constitutional matters. The FFRF, while advocating for secularism, is also a recognized organization in the discourse surrounding religious freedoms and legal interpretations.
Conclusion
The claim that the DOJ argues Washington State's new law violates First Amendment religious freedoms is True. The DOJ has explicitly stated that the law's requirements infringe upon the free exercise of religion, particularly for clergy who are compelled to report confessions that they believe should remain confidential. The investigation underscores the ongoing legal and ethical debates surrounding the balance between child protection laws and religious liberties.
