Article:
God’s law vs. Man’s law: Assistant AG for Civil Rights reveals why WA clergy reporting law faces investigation
Summary:
Governor Bob Ferguson signed Senate Bill 5375, requiring members of clergy to report known child abuse, even if it’s revealed during confession.
Discussion:
Here are some questions exploring the spectrum of mandatory reporting and confidentialy.
Is it ok to have any mandatory reporting law at all?
is it ok to have some mandatory reporting? Where should the line be drawn at who is subject to the law and under what conditions, such as what kind of information must be reported?
Is it ok to allow some professionals to maintain a client’s confidentiality even from law enforcement or court actions? Where should the line be drawn about what professions have this privilege and under what conditions?
Is it ok to allow the government to compel anyone to disclose any information to law enforcement or the courts?
Related proposals:
The right to justice protects the other side of the coin: No person shall be obligated to secrecy regarding violation of rights or criminal acts, or conspiracy to violate rights or commit criminal acts. If this proposal is adopted, it means a lawyer or priest or soldier could disclose to the government or even the public if they get such information, and would not be bound by any NDA.
The right to peaceful and honest communication protects voluntary speech: No government shall censor, directly or indirectly, honest and peaceful communication in any medium. No government shall harm, directly or indirectly, a person for honest and peaceful communication in any medium.
Discussion:
Should there be a right to protect people against compelled speech? Should protection against compelled speech extend to any party, including the government, or should it protect people only from non-government entities attempting to compel their speech?
Compelled speech is useful for investigations, law enforcement, and legislative oversight. But compelled speech without restrictions is dangerous for the people. First, a person should not be compelled to say anything other than the truth. It is obvious that forcing someone to lie is an injustice and harms both victims: the target of the lie and the person who was forced to lie. Second, a person should not be compelled to incriminate themselves. It is obvious that forced confessions are an injustice. It’s an even greater injustice if the forced confession is made up, essentially another lie.
The next part is where a unifying rule is needed. Maybe person should not be compelled to speak about the private affairs of another person… At all, or maybe with some limits, like not be compelled to speak unless it’s about a felony that occurred or is planned. And should this apply to everyone or just selected and privileged professions like lawyers and priests? What about coaches, plumbers, house cleaners, accountants, and others?