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 067: Confession and the Constitution

In this episode of Legal Spirits, we examine a new Washington State law that eliminates the clergy-penitent privilege in child abuse reporting. The law requires clergy to report suspected abuse, even if they learn about it through Confession and other confidential spiritual communications—raising serious questions under the Free Exercise Clause. Host Mark Movsesian and guest Marc DeGirolami discuss the legal framework, historical background, and broader implications for religious liberty. Listen in!

Around the Web

Here are some important law-and-religion stories from around the web:

  • In Roake v. Brumley, a Louisiana federal district court found that Louisiana violated the Free Exercise and Establishment Clauses when it passed a law that required a copy of the Ten Commandments to be posted in every public school classroom in the state. The court reasoned that the Louisiana statute burdened plaintiffs’ sincere religious practices and beliefs and was not neutral toward religion.
  • Oklahoma Governor Kevin Stitt announced the launch of the Oklahoma Office of Faith-Based and Community Initiatives. The new division of state government is meant to act as a point of contact for faith-based and nonprofit organizations, facilitating connections with state services, including creating a repository of state agency programs and recognizing impactful faith-based organizations through partnerships with state agencies.
  • Justin Welby, the Archbishop of Canterbury, announced he would resign after a report revealed that he failed to launch a proper investigation into claims of widespread abuse of boys and young men that occurred decades ago at Christian summer camps.
  • In Bird v DP (a pseudonym), the High Court of Australia found that a Catholic diocese was not vicariously liable for sexual abuse of a young child by a priest from a parish church. The High Court determined that the priest was not employed by the Diocese or engaged by the Diocese as an independent contractor and, therefore, was not an agent of the Diocese.

Around the Web

Here are some important law-and-religion news stories from around the web:

  • In Babiy v. Oregon Health and Science University, the District of Oregon dismissed claims for damages brought by a patient access specialist against a medical school and other individuals after she was denied a religious exemption from the school’s Covid vaccine mandate. University policy was to deny religious exemptions where their claim was based solely on fetal cell concerns, and the court dismissed the plaintiff’s claim against the individual defendants on the basis of qualified immunity.
  • Alliance Defending Freedom filed an amicus brief in Garrick v. Moody Bible Institute asking the 7th Circuit to support the freedom of religious institutions to make employment decisions in accordance with their beliefs. In the case, a professor’s contract was not renewed at Moody since she admittedly did not share Moody’s beliefs.
  • The Department of Education issued final rules under Title IX on sex discrimination in schools protecting against LGBTQ+ discrimination. However, in its release, the DOE said that the relevant sections of the rules “do not apply to an educational institution that is controlled by a religious organization to the extent that the provisions’ application would not be consistent with the religious tenets of such organization.”
  • President Biden issued a Statement on Passover in which he reiterated his commitment to the safety of Jewish people, the security of Israel and its right to exist independently. In addition, he promised to continue working toward a two-state solution to provide peace for Israelis and Palestinians.
  • In Florida, Governor Ron DeSantis signed a bill that allows public school districts the option of hiring volunteer chaplains to counsel students. The program is entirely voluntary and takes effect on July 1.
  • Spain approved a plan providing for economic compensation and other reparations for victims of sex abuse committed by people within the Catholic Church. The plan, in addition to providing economic compensation, includes free legal assistance for all victims and it will reinforce the prevention supervision in schools.

Around the Web

Here are some important law-and-religion news stories from around the web:

Around the Web

Here are some important law-and-religion news stories from around the web:

Around the Web

Here are some important law-and-religion news stories from around the web:

Around the Web

Here are some important law-and-religion news stories from around the web:

Around the Web

Here are some important law-and-religion news stories from around the web:

Around the Web

Here are some important law-and-religion news stories from around the web: