President Donald Trump’s Department of Justice (DOJ) is investigating an “anti-Catholic law” in Washington state that threatens priests with up to one year in jail if they fail to report child abuse they learn about during the sacrament of confession.

The new law, signed by Gov. Bob Ferguson last week, adds members of the clergy to the list of mandatory reporters for child abuse. It specifically states that clergy must report abuse, even if it is learned of during “privileged communication.” All other mandatory reporters, such as nurses and therapists, are exempt from the reporting requirements when the information is obtained during “privileged communication.”

A priest who refuses to report information learned during confession could be sent to jail for up to 364 days and receive a fine of up to $5,000.

In a press release, the DOJ expressed that one of its primary concerns is that the law seems to single out priests and confession. The law exempts most privileged communication from the mandatory reporting law but denies that right to priests by including the phrase “except for members of the clergy.”

“The law appears to single out clergy as not entitled to assert applicable privileges, as compared to other reporting professionals,” the DOJ wrote. “We take this matter very seriously and look forward to Washington state’s cooperation with our investigation.”

Harmeet Dhillon, the assistant attorney general of the DOJ’s Civil Rights Division, sent a letter to the governor and called the mandate a “legislative attack on the Catholic Church and its sacrament of confession, a religious practice ordained by the Catholic Church dating back to the Church’s origins.” 

“Not only does this new law put state authorities in direct conflict with the free exercise of a well-established religion, but your law demands that priests disobey one of the Catholic Church’s first authorities related to confession,” she wrote. “This state command runs afoul of the First Amendment.”

Dhillon cited Catholic canon law, which states that “it is absolutely forbidden for a confessor to betray in any way a penitent in words or in manner and for any reason.”

The Washington State Catholic Conference, which represents the state’s Catholic bishops, put out a statement to assure Catholics that “their confessions remain sacred, secure, confidential, and protected by the law of the Church.”

“Catholic clergy may not violate the seal of confession — or they will be excommunicated from the Church,” the statement, signed by Seattle Archbishop Paul Etienne, added.

The bishop noted that Church policy requires priests to report knowledge of child abuse to the police but “not if this information is obtained during confession.” He wrote that the bishops are committed to working with civil authorities in ways that do not impugn the seal of confession.

“The Catholic Church agrees with the goal of protecting children and preventing child abuse,” the statement added. “The Archdiocese of Seattle remains committed to reporting child sexual abuse, working with victim survivors towards healing, and protecting all minors and vulnerable people.”

However, Etienne wrote: “While we remain committed to protecting minors and all vulnerable people from abuse, priests cannot comply with this law if the knowledge of abuse is obtained during the sacrament of reconciliation.”

The bishop recalled the first reading from this past Sunday’s Mass, in which apostles were arrested and thrown in jail for preaching Christianity, and cites St. Peter’s remark to the Sanhedrin: “We must obey God rather than men.”

“This is our stance now in the face of this new law,” he wrote.

Eric Kniffin, a fellow at the Ethics and Public Policy Center (EPPC), told CNA that the new law “discriminates against religion on its face, which is really unusual.”

Kniffin told CNA that over the last three years, he has “warned the Washington Legislature that a law that invades the clergy-penitent privilege would be challenged and found unconstitutional.” 

“I am confident that there will be litigation over this and that the law will be struck down,” he said.

He noted that the DOJ investigation “does not commit the government to a particular course of action,” but added: “I am encouraged that the DOJ is concerned about this law, and I believe the United States will look for opportunities to come alongside the religious plaintiffs in litigation.”

Kniffin praised Washington state’s bishops for publicly committing to safeguard the seal of confession but also warned that “it’s hard for bishops to reassure Catholics when the law is asserting the right to force priests to break their vows.” 

“It is reasonable for the bishops to fear that the law could affect whether someone goes to confession or what they say in confession,” he said.

“This law casts a cloud of doubt over the confessional,” he continued, “and that fear of government discourages people from exercising their First Amendment rights.”