Washington state officials have agreed to a permanent court order that prevents the enforcement of a controversial law provision which sought to criminalize Orthodox Christian priests for upholding the sacred confidentiality of confession. The decision comes four months after a lawsuit, Orthodox Church in America v. Ferguson, was filed challenging the constitutionality of the measure, which uniquely targeted clergy while maintaining confidentiality protections for other professions.
The provision, passed in May, would have made it a crime for priests to maintain the confidentiality of disclosures made during the sacrament of confession, a core religious obligation within the Orthodox Churches. Violating this duty is considered a grave sin and a canonical crime with severe consequences for a priest, including removal from the priesthood.
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Religious Discrimination Claim Upheld
The lawsuit, filed in June by Alliance Defending Freedom (ADF) attorneys, co-counsel Eric Kniffin, and George Ahrend, argued that the law was discriminatory because it revoked confidentiality privileges for clergy while preserving them for other groups, such as attorneys and clients, sexual assault advocates, and peer supporters. A single violation of the law could have carried penalties up to 364 days in jail and a $5,000 fine.
“The First Amendment guarantees that governments cannot single out religious believers for worse treatment,” said John Bursch, ADF Senior Counsel and Vice President of Appellate Advocacy. “Washington was targeting priests by compelling them to break the sacred confidentiality of confession while protecting other confidential communications… That’s rank religious discrimination.”
Bursch expressed satisfaction that the state agreed to “swiftly restore the constitutionally protected freedom of churches and priests.”
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Upholding the Sacramental Seal
Orthodox Churches teach that the absolute confidentiality of confession is vital to protect the penitent and foster trust, allowing individuals to seek forgiveness without fear of secular penalty. The plaintiffs argued that piercing this sacramental confidentiality would deter believers from confessing, thereby preventing them from mending their relationship with God.
The lawsuit clarified that the Orthodox Churches and the priest involved do not object to reporting genuine concerns about children based on information learned outside the narrow confines of the sacrament of confession, noting that priests are already required to make such reports under their own bishops’ policies.
The U.S. Supreme Court has long recognized the clergy-penitent privilege as part of common law tradition, and nearly every state, including Washington (until the passage of the challenged law), has included this privilege within their mandatory reporter statutes.
A temporary court order stopped the law from taking effect in July. The permanent agreement now resolves the legal challenge, ensuring that priests will not be faced with the “untenable choice” of violating their sacred vow or facing criminal prosecution for fulfilling their religious duties.
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