mandating

DOJ sues Wash. over law mandating priests to report child abuse

June 23 (UPI) — The Trump administration filed a lawsuit Monday in support of a challenge to a new Washington State law mandating clergy to report child abuse, describing the rule as “anti-Catholic” and a violation of the Constitution.

Washington Gov. Bob Ferguson, a Catholic, signed Senate Bill 5375 into law early last month. The new law, which goes into effect July 27, adds clergy members — including priests, ministers, rabbi and imam, among others — to the list of people required to report child abuse or neglect to the state or law enforcement under threat of being charged with a gross misdemeanor offense.

The law has received pushback from local Catholics, who have characterized it as forcing them to break the sacred seal of confession in order to avoid prison.

In the Justice Department’s lawsuit, federal prosecutors argue the new law puts Catholic priests at odds with the core tenets and beliefs of their religion and violates their First Amendment right to the freedom of religion “by forcing them to violate the sanctity and confidentiality of confessional communications.

“No other mandatory reporter is required to forego his or her fundamental rights under the Constitution in this manner,” the lawsuit states, while adding that the law will have a “chilling effect” on thousands of Catholic priests and parishioners who may be uncertain about whether adhering to the sacrament of penance will open them to criminal penalties, child welfare investigations, civil liability or excommunication.

“Laws that explicitly target religious practices such as the Sacrament of Confession in the Catholic Church have no place in our society,” Assistant Attorney General Harmeet Dhillon of the Justice Department’s Civil Rights division said in a statement.

“Senate Bill 5375 unconstitutionally forces Catholic priests in Washington to choose between their obligations to the Catholic Church and their penitents or face criminal consequences, while treating the priest-penitent privilege differently than other well-settled privileges.”

The lawsuit is an intervention in a complaint filed early this month by Washington State Catholic bishops, who argue it discriminates against them as attorneys are exempt from inclusion as mandatory reporters.

“Washington State has no business intruding into the confessional — particularly when they give a free pass to lawyers who have legally protected confidential relationships with clients,” Mark Rienzi, president and CEO of Becket, a non-profit public interest religious liberty group that is representing the bishops, said in a statement.

“Punishing priests for following the Catholic Church’s millennia-old faith traditions isn’t just wrong, it’s unconstitutional.”

The governor told KUOW in a statement that he wasn’t surprised by the Department of Justice’s intervention.

“It’s disappointing, but not surprising, to see the DOJ seek to shield and protect child abusers.”

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Texas moves closer to mandating Ten Commandments displays in classes

Texas would require all public school classrooms to display the Ten Commandments under a Republican proposal that cleared a major vote Saturday and would make the state the nation’s largest to impose such a mandate.

If passed as expected, the measure is likely to draw a legal challenge from critics who consider it a constitutional violation of the separation of church and state.

The Republican-controlled House gave its preliminary approval with a final vote expected in the next few days. That would send the bill to the desk of Republican Gov. Greg Abbott, who has indicated he will sign it into law.

“The focus of this bill is to look at what is historically important to our nation educationally and judicially,” said Republican state Rep. Candy Noble, a co-sponsor of the bill.

Louisiana and Arkansas have similar laws, but Louisiana’s is on hold after a federal judge found it to be “unconstitutional on its face.”

Those measures are among efforts in many conservative-led states to insert religion into public schools. The vote in Texas came after the U.S. Supreme Court in effect put an end to a publicly funded Catholic charter school in Oklahoma on Thursday with a 4-4 tie after a string of high court decisions in recent years that have allowed public funds to flow to religious entities.

Texas lawmakers also have sent to Abbott a measure that allows school districts to provide students and staff a daily voluntary period of prayer or time to read a religious text during school hours. Abbott is expected to sign it.

“We should be encouraging our students to read and study their Bible every day,” Republican state Rep. Brent Money said. “Our kids in our public schools need prayer, need Bible reading, more now than they ever have.”

Supporters of requiring the Ten Commandments in classrooms say they are part of the foundation of the United States’ judicial and educational systems and should be displayed.

Critics, including some Christian and other faith leaders, say the Ten Commandments and prayer measures would infringe on the religious freedom of others.

The Ten Commandments bill would require public schools to post in classrooms a 16-by-20-inch poster or framed copy of a specific English version of the commandments, even though translations and interpretations vary across denominations, faiths and languages and may differ in homes and houses of worship.

Democratic lawmakers made several failed attempts Saturday to amend the bill to require schools to display other religious texts or provide multiple translations of the commandments.

A letter signed this year by dozens of Christian and Jewish faith leaders opposing the bill noted that Texas has thousands of students of other faiths who might have no connection to the Ten Commandments. Texas has nearly 6 million students in about 9,100 public schools.

In 2005, Abbott as state attorney general successfully argued before the Supreme Court that Texas could keep a Ten Commandments monument on the grounds of its Capitol.

Vertuno and Lathan write for the Associated Press.

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