OCA Files Suit Against Washington State Over Law Threatening Confessional Confidentiality

Photo: Orthodox Faith/Facebook

SPOKANE, WA — On June 16, 2025, Alliance Defending Freedom (ADF) attorneys filed a federal lawsuit on behalf of the OCA and its clergy to challenge a new Washington state law that criminalizes the confidentiality of sacramental confession. The suit argues the law violates the First Amendment by targeting clergy with penalties – including jail time and fines – if they refuse to report certain confessional information.

The law, which was signed by Gov. Bob Ferguson in May, makes it mandatory for all clergy to report child abuse, regardless of if information was disclosed during confession.

While Washington continues to protect confidentiality in professions like law and counseling, the new statute uniquely strips clergy of the clergy-penitent privilege – a protection historically recognized by common law and previously honored by the state. The OCA – supported by His Eminence Archbishop Benjamin of San Francisco and the West, whose diocese includes eight parishes in Washington State, the Metropolitan Council, and the Standing Synod of Bishops chaired by His Beatitude Metropolitan Tikhon – contends that breaching the seal of confession is a grave canonical violation and undermines both religious freedom and trust in the sacrament.

ADF Senior Counsel John Bursch called the law “rank religious discrimination,” and emphasized that clergy already report abuse learned outside confession. The Churches seek to preserve the long-established confessional privilege while reaffirming their commitment to child protection.

“Washington has a mandatory reporter law that imposes a legal duty on certain persons to file a report with the government when they have reasonable cause to believe that a child has suffered abuse or neglect,” a release from the OCA states. “And like nearly every other state, Washington’s mandatory reporter law has recognized a clergy-penitent privilege that protects the confidentiality of confession – until now.”

The OCA also reaffirmed its commitment to alerting authorities about genuine concerns due to information learned outside of the narrow confidentiality of sacramental confession. 

“It is the express goal of the entire Church to provide a safe and healthy environment for all of the faithful of the Orthodox Church in America,” the release states.

A single violation of the new Washington law can carry up to 364 days in jail, a 5,000 dollar fine, and civil liability.

The lawsuit, titled “Orthodox Church in America v. Ferguson,” was filed by ADF attorneys in the U.S. District Court for the Eastern District of Washington.

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