U.S. Court Halts Washington State Law Threatening Confessional Secrecy

A U.S. federal court has temporarily blocked a Washington state law that would have imposed criminal penalties on clergy for refusing to disclose the content of confessions, particularly regarding child sexual abuse. The law, set to take effect in a few days, included punishments of up to one year in jail and a $5,000 fine for maintaining the confidentiality of confession. The decision was reported by Orthodox Christianity.

The lawsuit was filed by several Orthodox jurisdictions — the Orthodox Church in America, the Antiochian Archdiocese, the Romanian Metropolia, and the Western Diocese of the Russian Orthodox Church Outside of Russia — as well as an individual priest from Washington. They argued that preserving the seal of confession is a religious obligation, and violating it leads to canonical penalties.

Judge David Estudillo ruled that the law likely constitutes religious discrimination, since it targets clergy while allowing lawyers to maintain client confidentiality. In his view, this renders the law unconstitutional.

Orthodox leaders clarified that they are prepared to report child abuse if the information was obtained outside the sacrament of confession. However, the Sacrament of Penance itself is considered inviolable, and the seal of confession must be maintained.

Catholic dioceses in the state also voiced opposition to the law. The U.S. Department of Justice launched an investigation and described the legislation as “anti-Catholic.” The preliminary injunction will remain in place until the full constitutional case is resolved.

It should also be noted that well-known American pastor Mark Burns, a supporter of Donald Trump, admitted he was not familiar with the situation of the Ukrainian Church. In his remarks, Burns was unable to recall the full name of the UOC and repeatedly used phrases like “if that’s true” and “many are saying.”