Washington Attorney General's Office Cleared to Probe Catholic Church Sex Abuse Cover-Up Allegations

Unanimous court ruling allows investigation into whether church used charitable funds to conceal decades of alleged abuse by clergy

Mar. 3, 2026 at 8:18pm

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In a unanimous decision, the Washington State Court of Appeals ruled that the state Attorney General's Office has the authority to investigate whether the Catholic Church used charitable funds to cover up decades of alleged child sexual abuse by clergy. The ruling reverses a lower court decision that had blocked the investigation, marking a significant legal victory for the state.

Why it matters

This ruling could have far-reaching implications for religious institutions across Washington, as it establishes that constitutional religious protections do not provide churches with absolute immunity to engage in criminal or tortious conduct. The investigation aims to determine if the Catholic Church concealed evidence of abuse and misused charitable funds, raising questions about transparency and accountability within the church.

The details

The case centered on a dispute over Washington's charitable trust act and whether religious corporations are exempt from state oversight. The Archdiocese of Seattle argued it was categorically exempt from the Attorney General's subpoena power, but the court rejected that claim, stating that such exemptions cannot shield evidence of criminal or tortious conduct. The subpoena seeks records dating back to 1940 regarding clergy accused or suspected of sexual abuse or misconduct, as well as documents related to discipline, reassignments, communications with law enforcement, settlements with victims, and financial records.

  • The investigation was launched in 2023 by then-Attorney General Bob Ferguson.
  • The Washington State Court of Appeals issued its unanimous ruling on March 3, 2026.

The players

Bob Ferguson

The current Governor of Washington, who launched the investigation into the Catholic Church's handling of sexual abuse allegations while serving as Attorney General.

Corporation of the Catholic Archbishop of Seattle

The civil entity representing the Archdiocese of Seattle, which argued it was categorically exempt from the Attorney General's subpoena power.

Judge Ian Birk

The author of the three-judge panel's opinion, which rejected the Archdiocese's claim of categorical exemption.

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What they’re saying

“As a Catholic, the church must do the right thing and engage in a public accounting of how the church handles allegations of child sex abuse. This ruling is an important win for transparency. I am asking church leaders to reflect and pray about this unanimous court decision and stop fighting this investigation.”

— Bob Ferguson, Governor of Washington

“Constitutional religious protections do not provide churches with absolute immunity to engage in tortious conduct.”

— Judge Ian Birk, Author of the court's opinion

What’s next

The case now returns to King County Superior Court, where a judge must determine the precise boundaries of what documents the Archdiocese must produce. The investigation cannot extend to second-guessing religious decisions about faith and doctrine, but it can demand evidence relevant to determining whether criminal or tortious acts occurred.

The takeaway

This ruling establishes that religious institutions in Washington cannot use constitutional protections as a shield to conceal evidence of criminal or abusive behavior. It marks a significant victory for transparency and accountability, as the state's investigation aims to uncover the full extent of the Catholic Church's handling of sexual abuse allegations and the potential misuse of charitable funds.