In the State of Washington, an alarming legal gap exists regarding the reporting of child abuse or neglect by clergy members. Despite over thirty years of public awareness surrounding widespread sexual abuse committed by clergy, Washington State law does not mandate clergy to report such incidents. This legal omission is rooted in what is known as the "clergy-penitent privilege," an exception designed to accommodate religious practices that involve confidential communication, such as Catholic confession. The existence of this privilege raises concerns, particularly in light of the fact that clergy are exempt from reporting obligations that apply to other professions like educators, doctors, and therapists.

Efforts to address this issue have faced significant challenges. In 2023, Washington State lawmakers in the House Human Services, Youth, & Early Learning Committee attempted to eliminate the clergy-penitent privilege by amending Senate bill 5280. Unfortunately, this attempt was thwarted, leaving advocates for child abuse survivors disheartened.

In January 2024, another attempt was initiated by Senate lawmakers to introduce a bill (SB 6298) that would make clergy mandatory reporters. However, the legislative process has been complicated by church lobbyists who, advocating for the church's interests, seek to maintain a vague definition of "penitent communication." This ambiguity allows clergy to escape reporting obligations, endangering public health and safety. The Catholic Accountability Project (CAP) strongly supports a bill that unequivocally abolishes privileges afforded to clergy, ensuring that they are held accountable and required to report child abuse and neglect like other professionals.