Limitations on Clergy Privilege

Clergy-penitent privilege is a right recognized in all 50 states that provides confidentiality for discussions between religious leaders and their followers. This privilege is most frequently referenced in the Catholic practice of confession, but it pertains to other religions as well. The privilege is very broad and generally prohibits any court from compelling testimony from a clergy member in these situations. Unfortunately, because the privilege is so broad, it can sometimes prevent the reporting of child abuse and lead to other negative outcomes.

A significant number of states seek to protect youth by making clergy mandatory reporters, like educators and health care providers, for suspected child abuse and neglect. This means that if there is a reasonable cause for a clergy member to believe a child is being abused, they are required to report this suspicion to state authorities. A smaller number of states provide explicit exceptions to the clergy privilege for child abuse. This is important because, even with mandatory reporting, if communication is still privileged, it is more difficult to investigate the situation or enforce the required reporting.