Lawmakers on the floor of the Washington state Senate in Olympia. (Photo by Albert James)
The state Senate passed a bill Friday afternoon to make religious leaders mandatory reporters of child abuse and neglect. Supporters say the move is crucial to protecting children from harm, especially sexual abuse, while opponents argue the bill could end up doing more harm.
Senate Bill 5375 would make “members of the clergy” mandatory reporters like doctors, teachers and other people who work with kids. Under the law, religious leaders would be required to tell law enforcement or the Department of Children, Youth and Families if they suspect any harm has been done to a child. They must do so even if they learned that information during a confession or other penitential communication.
This is the third time in recent years that making clergy mandatory reporters has been attempted, with exemptions for reporting information learned in confession being a sticking point in the past.
Prime sponsor Sen. Noel Frame, D-Seattle, said religious leaders should have a responsibility to report abuse so the state can step in and take action.
“Children need trusted adults,” the senator said. “They need to know that if they tell somebody they’re being abused, like I told my teacher in the fifth grade that I was being abused, that they can trust that that person will make it stop.”
While the bill compels clergy to report child neglect information learned in confession, Frame said their privilege to not be compelled to testify in a criminal proceeding remains intact.
According to Frame, Washington is only one of five states where clergy aren’t mandatory reporters. She believes that has to change in light of reports of churches covering up harm done to children.
“The state does not have to be complicit when religious communities who engage in the practice of covering up abuse and neglect choose to do so,” she said.
Republicans said they supported previous efforts to make clergy members mandatory reporters, but took issue this time as there was no exemption for information learned in confession.
They believe those committing harm may do more harm if they cannot freely confide in religious leaders.
“People who want to ask for forgiveness for their past sins, they will not come and ask for help,” said state Sen. Judy Warnick, R-Moses Lake.
They also argued the bill violates the First Amendment right to freely practice religion, and ultimately drives a wedge between people, their faith and those who help them in it.
“It is forcing somebody who’s given their entire life – raised their hand, made an oath with God almighty – to choose between God’s law and man’s law,” said state Sen. Leonard Christian, R-Spokane Valley.
The bill ultimately passed 28-20, with two Democratic senators joining all Republicans in attendance in opposition. The proposal now heads to the House where it will go through the second half of the legislative process, starting with a referral to a committee.