October 10, 2025
(Washington DC): In a massive victory for religious freedom, today Washington State agreed to a court judgment and settlement that permanently blocks the state from invading the Sacrament of Confession and discriminating against clergy members.
The settlement in Orthodox Church in America v. Ferguson marks a huge milestone in EPPC Fellow Eric Kniffin’s work to protect religious liberty and the clergy-penitent privilege.
On May 3, 2025, Governor Bob Ferguson signed SB 5375 into law, requiring clergy to report suspected child abuse even if they learn about it in a penitential communication. The law forced priests to choose between obeying the law and upholding their vows. The law also discriminates against religion on its face, denying confidential communication privileges for “members of the clergy” but preserving secular privileges for attorneys, peer supporters, sexual assault advocates, and alcohol and drug recovery sponsors.
Working together with Alliance Defending Freedom and Spokane attorney George Ahrend, Kniffin filed suit on behalf of four Orthodox Churches.
“Efforts to invade the Sacrament of Confession are unconstitutional and counterproductive,” says Kniffin. “These bills would do nothing but turn faithful priests into outlaws and scare broken people away from a chance to find healing, resources, and justice.”
Today’s proposed order agreed to by Washington State would hold that the law violated the Churches’ First Amendment free exercise rights. The proposed order would also permanently block the state from using its mandatory reporter law to invade the Sacrament of Confession or a comparable religious practice in any religious group. The state is also blocked from discriminating on the basis of religion by denying clergy privileges that are available to other mandatory reporters.
“It has been an honor to represent Orthodox Churches in this matter,” said Kniffin. “The Orthodox experience during the Soviet era helps us all understand why our Constitution’s protections for religious liberty are so precious and why they must be zealously protected. I am grateful for their courage and this opportunity to protect religious exercise for all Washingtonians.”
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Media Inquiries:
Hunter Estes
Director of Communications
Ethics and Public Policy Center
[email protected]
