Movsesian on the Washington State Clergy Reporting Law

Delighted to be interviewed in today’s National Catholic Reporter on the Washington State law that requires priests to report information about child abuse that they receive during the sacrament of confession. Here’s a snippet:

At the heart of this legal case is a conflict between the free exercise clause of the First Amendment, which guarantees religious freedom, and the state’s compelling interest to prosecute child sex abuse, said Mark Movsesian, director of the Mattone Center for Law and Religion at St. John’s School of Law in New York. He said that if a law selects religion for “disfavored treatment,” the state must prove why the law is necessary and that it is as unrestrictive as possible. Movsesian also said that the Washington law targets clergy-penitent privilege within the sacrament of confession, but does not lift attorney-client privilege in the reporting of abuse cases. 

“I think it’s going to be hard for Washington to say: ‘We have a compelling interest in having priests reveal what they learned in confession, but we don’t have a compelling interest in making lawyers reveal what they hear in their client’s confidence,'” Movsesian said.  

You can read the article here.

Legal Spirits 068: Religion at the Court: October Term 2024 Recap

In this episode of Legal Spirits, we review the Supreme Court’s major religion cases from the October 2024 Term. From religious charter schools to religious exemptions to parental rights in public education, the Court addressed long-standing issues—and, in one case, made a dramatic move. Join Center Director Mark Movsesian and guest John McGinnis as they unpack the implications of Drummond, Catholic Charities Bureau, and Mahmoud v. Taylor.