Washington’s SB 5375 Settlement Draws Line Between Religious Freedom and Legal Duty

Washington’s SB 5375 Settlement Draws Line Between Religious Freedom and Legal Duty

Washington State has reached an agreement that preserves key portions of Senate Bill 5375, requiring clergy to report suspected child abuse, while carving out a narrow exemption for confessional confidentiality. This stipulation, filed by the Attorney General’s Office and awaiting court approval, ends two federal lawsuits that were brought by religious organizations and sets a precedent for how faith and law intersect in mandatory reporting.

What SB 5375 Originally Mandated

Signed into law by Governor Bob Ferguson in May 2025, SB 5375 added clergy to Washington’s list of mandatory reporters, joining teachers, medical professionals, and childcare workers. The stated goal of the bill was to “close reporting gaps and strengthen protections for children.”

But the bill’s broad language rightfully triggered alarm and it received fierce opposition from Republican legislators, faith leaders, and citizens alike. Faith leaders warned that it could compel clergy to violate sacred confessional practices, infringing on First Amendment protections of religious freedom.

What the Stipulations Now Clarify

The Attorney General’s stipulations do three critical things:

  • Clergy remain mandatory reporters—except when the information is learned solely through confession or its equivalent in other faith traditions.
  • No enforcement in confessional contexts—state and county prosecutors agreed not to pursue cases where reporting would breach confessional confidentiality.
  • No financial penalties—Washington will not pay attorney’s fees or costs to the plaintiffs.

Attorney General Nick Brown stated, “Today’s agreement respects the court’s decision and maintains important protections for children,” while preserving legislative authority to refine the law.

The stipulations filed by the Attorney General mark a significant legal and political resolution to a contentious debate over clergy reporting laws in Washington. While SB 5375 remains largely intact, the exemption for confessional confidentiality underscores the state’s recognition of constitutional boundaries around religious practice.

With court approval pending, the agreement effectively ends two federal lawsuits and sets a precedent for how states may navigate the intersection of child protection and religious liberty. Lawmakers, faith leaders, and advocacy groups will be watching closely as Washington becomes a national case study in balancing mandatory reporting with First Amendment protections.

As legislative sessions resume, expect renewed scrutiny of similar bills across the country, and continued debate over where the line should be drawn.

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