Orthodox churches, priest file lawsuit challenging Washington law that violates confession seal

Several Orthodox churches and an Orthodox priest filed a federal lawsuit June 16 in an attempt to stop a Washington state law that will require priests, starting July 27, to report child abuse if a penitent revealed it to them in confession.

The Orthodox Church in America and three additional US branches of Orthodox churches, as well as Father Timothy Wilkinson, are represented by Christian legal nonprofit Alliance Defending Freedom and argue that Washington’s new law unfairly discriminates against clergy and their religious freedom rights. The lawsuit names Gov. Bob Ferguson, who is a Democrat, and dozens of county prosecutors as defendants.

As CatholicVote previously reported, Washington passed a law in May that requires priests to break the seal of confession if they learn of child abuse while administering the sacrament. Otherwise, they face up to 364 days in jail, a $5,000 fine, and civil liability.

While the law destroys the previously protected priest-penitent confidentiality privilege, it maintains attorney-client confidentiality and the same protections for other specific relationships.

John Bursch, ADF senior counsel and vice president of appellate advocacy, said in a news release that the law violates the First Amendment’s guarantee “that governments cannot single out religious believers for worse treatment.”

“Washington is targeting priests by compelling them to break the sacred confidentiality of confession while protecting other confidential communications, like those between attorneys and their clients,” he stated. “That’s rank religious discrimination. We are urging the court to swiftly restore this constitutionally protected freedom of churches and priests in Washington state.”

ADF stated in the release that Orthodox churches teach that the confession seal allows individuals to approach God for his forgiveness without fear. For Orthodox priests, violating the seal carries severe consequences, including possible removal from the priesthood. While similar to Catholic churches, Orthodox churches are not in communion with Rome. Catholic priests are automatically excommunicated for violating the seal of confession.

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