Arizona Supreme Court upholds clergy privilege in abuse reporting case

The Arizona Supreme Court has issued a unanimous ruling affirming that clergy members are not required to report child abuse to authorities if the information is obtained through confession or other confidential religious communications. The decision upholds a broad interpretation of the clergy-penitent privilege.

The ruling follows a lawsuit, Doe vs. Corporation of the President of the Church of Jesus Christ of Latter-day Saints, involving a member of the LDS Church who confessed to sexually abusing his children during formal religious repentance processes. Despite multiple confessions to church leadership, the abuse was not reported to law enforcement, and the abuse continued for years until an international investigation intervened in 2017.

In the opinion, Associate Justice John R. Lopez IV stated that civil courts are not responsible for defining what constitutes a “confession” or “confidential communication” within a religious tradition. The court noted that Arizona law exempts clergy from reporting abuse when the knowledge is gained through confession, as determined by the religion itself. While survivor advocates warn this creates a “confessional loophole,” the court maintained that religious doctrine regarding sacramental secrecy falls outside civil jurisdiction.