The Justice Department announces First Amendment investigation into Washington State’s new anti-Catholic law, Senate Bill 5375

The Justice Department today announced it has opened a civil rights investigation into the development and passage of Washington State Senate Bill 5375, signed into law on May 2, 2025, by Governor Bob Ferguson, which appears on its face to violate the First Amendment.

Washington State’s new law adds “members of the clergy” to a list of other professionals who are required to report information received in a confessional setting relating to child abuse or neglect to law enforcement or other state authorities, with no exception for the absolute seal of confidentiality that applies to Catholic Priests.

Furthermore, the State of Washington’s new law singles out “members of the clergy” as the only “supervisors” who may not rely on applicable legal privileges, including religious confessions, as a defense to mandatory reporting.

The Civil Rights Division will investigate the apparent conflict between Washington State’s new law with the free exercise of religion under the First Amendment, a cornerstone of the United States Constitution.

“SB 5375 demands that Catholic Priests violate their deeply held faith in order to obey the law, a violation of the Constitution and a breach of the free exercise of religion cannot stand under our Constitutional system of government,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division. “Worse, the law appears to single out clergy as not entitled to assert applicable privileges, as compared to other reporting professionals. We take this matter very seriously and look forward to Washington State’s cooperation with our investigation.”