OLYMPIA (WA)
Source One News [Quincy WA]
March 2, 2026
By Source One
A Washington State Court of Appeals ruling has cleared the way for the Attorney General’s Office to investigate whether the Catholic Church used charitable funds to cover up allegations of child sexual abuse by clergy.
In a published opinion issued March 2, Division One of the Court of Appeals held that the Attorney General has statutory authority under the state’s Charitable Trust Act to subpoena records from the Corporation of the Catholic Archbishop of Seattle concerning sexual abuse allegations .
The case stems from an investigation initiated by then-Attorney General Bob Ferguson in 2023. The Attorney General’s Office issued a subpoena seeking records related to clergy accused or suspected of sexual abuse dating back to 1940, along with financial and policy documents. A King County Superior Court judge initially quashed the subpoena, ruling that religious corporations were categorically exempt from the Attorney General’s investigative authority under state law.
The Court of Appeals reversed that decision.
Writing for the court, Judge Ian Birk concluded that while religious corporations are protected from government intrusion into matters of faith and doctrine, they are not shielded from investigation into whether criminal or tortious conduct occurred — including sexual abuse by clergy .
The court drew a distinction between reviewing internal religious decision-making and investigating potential unlawful conduct. The opinion makes clear that the Attorney General cannot second-guess whether church actions were “for the use, purpose, benefit and behoof” of the church — a matter protected by constitutional religious freedoms — but may seek evidence relevant to determining whether acts that were criminal or tortious occurred .
As a result, the case has been remanded to superior court to determine which portions of the subpoena may proceed without infringing on constitutional protections.
Governor Bob Ferguson, who launched the investigation while serving as Attorney General and personally attended oral arguments at the trial court level, praised the ruling.
“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,” Governor Ferguson said. “That’s why I started this investigation when I was Attorney General. 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.”
The ruling does not resolve the underlying investigation but allows it to move forward within constitutional limits. The superior court will now determine the precise scope of documents the Archdiocese must produce.