In our opinion: Eliminating clergy-penitent privilege raises First Amendment red flags

UTAH
Deseret News

January 16, 2020

By the Deseret News Editorial Board

This week the Catholic League came out strongly against proposed legislation in Utah aiming to eliminate an exemption for clergy when it comes to reporting confidential confessions detailing abuse. Meanwhile, the Montana Supreme Court recently cited clergy-penitent exemptions in a decision overturning a jury verdict of $35 million against local Jehovah’s Witnesses for not reporting abuse discovered in the mid-2000s. The court ruled, unanimously, that under Montana law, “Clergy are not required to report known or suspected child abuse if the knowledge results from a congregation member’s confidential communication or confession and if the person making the statement does not consent to disclosure.”

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