Arizona Supreme Court: It’s the Church’s Call What Clergy Must Report
The justices said First Amendment protections shield clergy who withhold abuse disclosures learned in confession or other confidential religious communications.
- On Thursday, the Arizona Supreme Court ruled that clergy are not required to report child abuse if learned through confidential religious communications, shielding them from state mandatory reporting requirements.
- The ruling stems from a 2020 lawsuit against The Church of Jesus Christ of Latter-day Saints and two bishops, following a father's 2011 confession of child abuse during church disciplinary proceedings.
- Vice Chief Justice John R. Lopez IV wrote that the First Amendment prohibits courts from questioning a clergy member's interpretation of religious doctrine, reinstating the dismissal of the lawsuit.
- Reversing an Arizona Court of Appeals decision, the court asserted that judges cannot determine if church defendants correctly interpreted what constitutes a confidential confession under their faith.
- The court emphasized its decision does not grant religious institutions general immunity, noting courts may intervene if evidence suggests fraud or collusion for secular purposes, losing Religion Clauses protection.
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10 Articles
Religious leaders not required to report child abuse, Arizona Supreme Court rules
The Arizona Supreme Court ruled Thursday that religious leaders are not required to report child abuse if they learn of it through confession or confidential disclosure.
AZ Supreme Court Rules In Cochise County Case That Churches Don't Have to Report Child Abuse
In a case from Cochise County, the Arizona Supreme Court ruled religious institutions have sole authority to interpret internal doctrine about the confidentiality of child abuse confessions.
High court says churches, not judges, define a ‘confession’ when it comes to reporting child abuse
(Photo via Getty Images) This story deals with sexual abuse and assault of minors. If you or someone you know has been a victim of this crime call 800-656-HOPE for 24/7 help and support. The Arizona Supreme Court sided with religious leaders this week who argued the state’s clergy-penitent privilege law shielded them from reporting child sexual abuse to authorities. And in declaring that any intervention by the courts would violat…
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