Federal Court Blocks Washington Law Requiring Priests to Break Confessional Seal

Photo: St. Elisabeth Convent

SPOKANE — On July 25, U.S. District Court Judge Rebecca L. Pennell granted a preliminary injunction preventing the state of Washington from enforcing Senate Bill 5375, which would have required clergy to disclose information shared in confession related to suspected child abuse. The injunction temporarily halts the law’s application to Orthodox priests and other clergy pending a final court ruling.

The law, which was set to take effect on July 27, mandates that religious leaders report suspected abuse even if the knowledge was obtained through sacramental confession. The Orthodox Church in America (OCA), a plaintiff in the case, argued that the law infringes on religious freedom and violates the constitutional protection of the confessional seal - an inviolable aspect of Orthodox Christian faith and sacramental life.

In a statement following the decision, the OCA said it is grateful that the confidentiality of the Holy Mystery of Confession was protected.

Orthodox teaching regards the Mystery of Confession as a sacred and confidential encounter between Christ and the penitent. According to the Church, disclosure of what is revealed in confession is not merely prohibited by policy but by sacred tradition, rooted in the Gospel and upheld across centuries.

At the same time, the Church emphasized its unwavering commitment to the protection of children and the vulnerable, stating that confession is not a refuge for abusers but a place of repentance and accountability before God.

"We receive with utmost seriousness the sober warning of our Lord, God, and Savior Jesus Christ that 'whoever causes one of these little ones to stumble, it would be better for him to have a great millstone fasted around his neck and to be drowned in the depth of the sea' (Matt. 18:6)," the OCA's statement said.

The OCA filed suit to ensure that Orthodox priests would not be forced to choose between civil law and their religious obligations. Friday’s court order offers legal relief and reaffirms constitutional protections for religious exercise, the Church said.

Judge Pennell’s ruling ensures that, for now, the State of Washington cannot penalize or compel clergy to break the seal of confession - a decision viewed as a significant defense of religious liberty by the Orthodox Church and other faith groups.

Previously, UOJ reported that Alliance Defending Freedom (ADF) attorneys had 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. 

Read also