President Trump’s Department of Justice is investigating a new Washington state law that makes clergy mandatory reporters of child abuse, arguing it violates the First Amendment.

The state legislation was signed into law on Friday, May 2, by Gov. Bob Ferguson. It means church leaders will now be required to report child abuse or neglect to authorities, and unlike many other states, it mandates that clergy do so even if they learned of the allegations during a confession.

The Justice Department said it would open a civil rights investigation “into the development and passage” of the bill, “which appears on its face to violate the First Amendment.”

In a statement Tuesday evening, Ferguson stood by the legislation.

“We look forward to protecting Washington kids from sexual abuse in the face of this ‘investigation’ from the Trump Administration,” Ferguson said.

The bill’s passage came after three straight years of intense debate within the state Legislature, often spurred by strong opposition from Catholic lobbyists who opposed any requirement that priests report child abuse if the allegations were revealed during a confession.

The announcement from the DOJ expressed similar opposition, noting that the law includes “no exception for the absolute seal of confidentiality that applies to Catholic Priests.”

But in signing the bill on Friday, Ferguson noted that as a Catholic himself, he believes the bill “protects Washingtonians from abuse and harm.”

“I always have a personal perspective on this,” Ferguson said. “For me, this is very clear and important legislation.”

State Sen. Noel Frame, who introduced the bill, rejected the notion that the bill is targeting Catholics, pointing out, as she has repeatedly in legislative hearings, that she introduced the legislation after reading InvestigateWest’s coverage of the way Jehovah’s Witnesses hid sexual abuse for decades and how Washington was one of the few states that did not require clergy to report such allegations.

She also disagrees with the argument that the bill is a violation of the First Amendment.

In its press release, the DOJ argues that the law “singles out” clergy by making them the only “supervisors,” as defined by state law, “who may not rely on legal privileges” to avoid reporting child abuse.

“Perhaps they should read the bill,” Frame quipped.

Under already-existing Washington state law, confessions to clergy were one of many so-called “privileged communications,” which includes doctor-patient confidentiality and attorney-client privilege. The new law specifies that when it comes to making a report of child abuse or neglect to authorities, the privileged communications statute no longer applies to clergy.

But Frame said that isn’t singling clergy out. Domestic violence advocates, therapists and unions — all groups with “privileged communications” under state law — already lose the privilege in child abuse cases and still must follow mandatory reporting laws. Doctors can also be called to testify during judicial proceedings of child abuse cases. Clergy, meanwhile, still don’t have to testify in court during such cases — the new law only applies to reporting information to authorities.

A survivor of child sexual abuse herself, Frame, D-Seattle, first tried to make clergy mandatory reporters of child abuse in 2023.

She said ultimately she isn’t too surprised at the news of the investigation.

“I shouldn’t be surprised that the Trump administration is launching an investigation into a law that seeks to protect children from child abuse and neglect,” she said in an interview.

This article was first published by InvestigateWest (investigatewest.org), an independent news nonprofit dedicated to investigative journalism in the Pacific Northwest. Wilson Criscione can be reached at wilson@investigatewest.org.

Washington State Standard is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Washington State Standard maintains editorial independence. Contact Editor Bill Lucia for questions: info@washingtonstatestandard.com.