Advocates warn the broad ruling lets predators use a ‘confessional loophole’ to escape justice
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 violate the First Amendment, the justices made clear they don’t think any changes to Arizona law aimed at forcing clergy to report abuse would be constitutional.
“We hold that the First Amendment generally prohibits factfinders from inquiring into a clergy member’s application of his particular religious doctrine… in determining whether reporting should be withheld if ‘reasonable and necessary,’” Vice Chief Justice John R. Lopez IV wrote in the court’s unanimous opinion. “The First Amendment… requires courts to exercise substantial deference to a religious institution’s own doctrinal conception of ‘confession’ or ‘confidential communication.’”
Advocates for abused children said they were disappointed in the ruling. The protection of…