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The clergy–penitent privilege, clergy privilege, confessional privilege, priest–penitent privilege, pastor–penitent privilege, clergyman–communicant privilege, or ecclesiastical privilege, is a rule of evidence that forbids judicial inquiry into certain communications (spoken or otherwise) between clergy and members of their congregation. [1]
Who qualifies as a member of the clergy; What communications are covered by the privilege; Who holds the privilege [3] The Child Welfare Information Gateway states that the privilege of maintaining this confidentiality under State law must be provided by statute. Most States provide for clergy–penitent privilege within rules of evidence or ...
There may be conflict between the obligation of confidentiality of confession and civil law. The Louisiana Supreme Court ruled in 2014 that a priest may be compelled to testify about what he was told in the confessional regarding a particular sexual abuse case, leaving the priest at risk of excommunication if he even confirms that a confession ...
According to the church, all information about child sexual abuse passed from church members to their bishops is confidential under the clergy-penitent privilege, and all information passed from ...
"Clergy–penitent privilege" is privileged communication that protects communication between a member of the clergy and a communicant, who shares information in confidence. When applied, neither the minister nor the "penitent" can be forced to testify in court, by deposition, or other legal proceedings, about the contents of the communication ...
Cadigan argued that the church interpreted the clergy-penitent privilege more broadly than the state legislature intended in the Adams case by applying it to others in the church, in addition to ...
At the initial meeting with Chelsea and Lorraine, Rytting said the clergy-penitent privilege law made it next to impossible for Miller to testify against John Goodrich. Now, four months later, he ...
On the one hand privacy concerns in the secular world have meant that personal information is to be regarded as presumed confidential. [5] On the other hand, child abuse awareness has meant that clergy must be aware when they are under a duty to disclose information, such as where the protection of children is involved. [5]