Orthodox Church Sues Washington State In Explosive Case
Orthodox church leaders in the U.S. have filed a lawsuit challenging a new Washington state law, Senate Bill 5375, which mandates clergy to report suspected child abuse even if learned through confidential confessions. This legal action follows a similar complaint filed by Catholic priests in the state. The plaintiffs include multiple Orthodox jurisdictions and an individual priest, and they are suing state officials including Governor Bob Ferguson and Attorney General Nicholas Brown, as well as county prosecutors.
The law, approved by Washington’s legislature and signed by the governor, specifically requires clergy to break the confidentiality of privileged communications, such as those made during confession, to report suspected child abuse. The Orthodox Church argues this violates their religious doctrine, which holds the secrecy of confession as sacred and non-negotiable, with penalties for clergy who break this seal.
The lawsuit contends that the law infringes on constitutional rights, including religious freedom, free speech, and equal protection under the First and Fourteenth Amendments. The plaintiffs seek to have the law declared unconstitutional and to halt its enforcement. The law is set to take effect on July 27.
Historically, Orthodox clergy have upheld the inviolability of the confessional seal even under persecution, emphasizing that breaking this confidentiality contradicts deeply held religious beliefs. The plaintiffs maintain that complying with the law could force priests to face legal consequences or violate their faith.
While clergy are mandated reporters of child abuse in many states, most offer exceptions for confidential communications like confession. The Washington law has drawn support from secular advocacy groups, who argue it closes a loophole that allowed clergy to withhold information about abuse disclosed in religious settings.