Washington state recently entered a settlement ending a provision of its mandatory child abuse reporting law that would have criminalized priests upholding the sacred seal of confession.

In May of this year, the state of Washington passed a law removing the clergy-penitent privilege under the state’s mandatory child abuse reporting law. The law would have required priests to breach the sacredness and confidentiality of confession or face criminal penalties including up to 364 days of jail time, a $5,000 fine, and civil liability.

In response, Alliance Defending Freedom, a non-profit legal organization committed to protecting religious freedom and other causes filed a lawsuit against Washington authorities seeking injunctive and declaratory relief from the law on behalf of the Orthodox Church in America, Antiochian Orthodox Christian Archdiocese, Romanian Orthodox Metropolia, Western American Diocese of the Russian Orthodox Church Outside of Russia, and Fr. Timothy Wilkinson of Saint Luke Orthodox Christian Church in Chattaroy, Washington (Orthodox Church in America v. Ferguson). A similar lawsuit was filed by a group Catholic bishops.

In July, the U.S. District Court for the Western District of Washington issued a preliminary injunction against the provision that would have required clergy to report abuse learned from confessions. On October 10th, Washington authorities agreed to a permanent injunction against the provision that infringed on priests’ First Amendment religious rights. The settlement keeps the crucial portions of the mandatory reporting law that prevents child abuse while upholding the sacred seal of confession, showing that these two important goals are not mutually exclusive.

The recent mass shootings at Annunciation Catholic Church in Minneapolis, Minnesota and the Church of Jesus Christ of Latter-day Saints in Grand Blanc Township, Michigan highlight the growing risk of violence targeting faith communities. It is a sad commentary that the Church, as a hospital for sinners and those who seek to repent, are no longer spared from those who opt to act out their anger and pain with violence.

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Constitutional Principles in Resolving
Hierarchical Church Disputes
CLE Webinar
Friday, Dec. 5, 2025 – 12:00 pm ET

The Orthodox Church has had a significant role in the nation’s jurisprudence on church governance and property disputes. Three U.S. Supreme Court cases involved Orthodox churches: Kedroff v. St. Nicholas Cathedral, 344 U.S. 94 (1952), Kreshik v. Saint Nicholas Cathedral of Russian Orthodox Church in America (1960), and Serbian Eastern Orthodox Diocese v. Milivojevich (1976). Since then, disputes within hierarchically affiliated churches have filled the courts. Resolving these disagreements involve the First Amendment’s Religion Clauses, nonprofit corporate governance law, trust law, and the common law governing secular voluntary associations.

This free CLE program will discuss how the law has developed to its current state, the ways in which courts have addressed intra-church disputes, and whether the U.S. Supreme Court will bring more certainty to this area of the law. (CLE credit anticipated in:  AL, AK, AZ, AR, CA, CT, DC, GA, IL, IN, KS, MD, MI, MN, MS, NV, NH, NY, NC, OH, PA, TN, TX, VA, WA, WV, WI)

REGISTER

Peter Talevich is a litigation partner in K&L Gates’ Seattle office. He focuses on complex commercial disputes, constitutional law, and trust and estates disputes. Peter has represented Orthodox and Presbyterian jurisdictions in church governance disputes. He solely represents higher authorities within a religious jurisdiction in these disputes.  Peter is a graduate of University of Notre Dame and Seattle University Law School and attends a Roman Catholic church in Seattle.

Orthodox Judges Fellowship Group

OCAN was pleased to host the first Orthodox Judges Fellowship Group meeting on October 8th, led by Judge Nada Kosanovich Sizemore (retired Connecticut Superior Court) and Judge Rose Marie Karadsheh Preddy (7th Circuit Court of Florida). The group had a wide diversity of judges present, including federal and state judges from across the country.

If you are a judge or know of a judge who would be interested in joining the next meeting, please contact Dn. Ken Liu to be added to the list.

Atlanta Orthodox Attorney Gathering

It was a pleasure to meet all the attorneys and others who came out for a great time of fellowship and a little golf in Atlanta. Thanks to Mimi Scaljon and Seth Lowry for organizing the event and Fr. Paul Burholt for sharing a few words of wisdom.

Are you interested in organizing a local Orthodox attorney gathering?
Please contact Dn. Ken Liu for help!