Fact Check: DOJ Argues New Law Violates First Amendment Rights
What We Know
The U.S. Department of Justice (DOJ) has indeed announced an 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 regarding child abuse or neglect received in a confessional setting to law enforcement, without exceptions for the confidentiality traditionally afforded to such confessions in the Catholic Church (source-1). The DOJ has stated that this requirement appears to violate the First Amendment rights of clergy, particularly Catholic priests, who are compelled to breach the seal of confession, a fundamental aspect of their religious practice (source-2).
The DOJ's Assistant Attorney General Harmeet K. Dhillon emphasized that the law forces Catholic priests to choose between their religious obligations and compliance with state law, which could lead to significant religious and legal repercussions for those involved (source-1). The investigation aims to explore the potential conflict between the law and the free exercise of religion as protected by the First Amendment of the U.S. Constitution.
Analysis
The DOJ's position is based on the assertion that Senate Bill 5375 specifically targets religious practices, particularly the sacrament of confession in the Catholic Church. This targeting is viewed as a violation of the First Amendment, which guarantees the free exercise of religion. The DOJ's legal action argues that the law not only infringes on the rights of clergy but also imposes unequal treatment compared to other professionals who are not subjected to the same mandatory reporting requirements without the ability to invoke legal privileges (source-2).
The sources cited are credible and come directly from official DOJ announcements, which lend significant weight to the claims made. The DOJ's Civil Rights Division is tasked with upholding civil rights, including religious freedoms, making their statements particularly relevant and authoritative in this context. The investigation and subsequent lawsuit indicate a serious concern from the federal government regarding the implications of this state law on constitutional rights.
However, it is essential to note that while the DOJ's claims are robust, the ultimate legal determination of whether the law indeed violates the First Amendment will be made by the courts. The ongoing investigation and legal proceedings will provide a clearer picture of the law's constitutionality.
Conclusion
The claim that the DOJ argues Washington State's new law violates First Amendment rights is True. The DOJ has publicly stated its concerns regarding the law's implications for the free exercise of religion, particularly for Catholic priests, and has initiated an investigation and legal action to address these concerns. The evidence presented by the DOJ indicates a clear stance that the law may infringe upon constitutionally protected rights.
Sources
- The Justice Department announces First Amendment investigation into ...
- Justice Department Sues Washington State Over its new ...
- Perkins Coie and the First Amendment Defense | The First Amendment ...
- Restoring Freedom Of Speech And Ending Federal ...
- 23-1122 Free Speech Coalition, Inc. v. Paxton (06/27/2025)
- Attorney General Pamela Bondi Hosts First Task Force ...
- Supreme Court Clears Way for N.R.A. to Pursue First Amendment Challenge ...
- DOJ challenges WA clergy reporting law, citing First Amendment violation