Did you know...in Arizona and 23 other states, clergy are granted privilege and are NOT required to report child abuse?

According to AZ Rev. Stat. § 13-3620(A), (L) "members of clergy...may withhold reporting of the [child abuse] communication or confession if the member of the clergy...determines that it is reasonable and necessary within the concepts of the religion."

Why would any religion believe it is reasonable or necessary to hide child abuse or protect a perpetrator? Why should anyone be exempt from mandatory reporting? Professionals who work with children (school personnel, healthcare workers, law enforcement, etc.) are mandatory reporters of child abuse. Most assume that clergy (ministers, bishops, priests, rabbis, etc.) are also in that category. I was under the same impression until a year ago when I witnessed a clergyman using this loophole to avoid speaking with law enforcement about information he had regarding a child sexual abuse investigation.

We believe that any exemption of clergy members in mandatory reporting laws is an affront to the safety and well-being of abuse survivors. This exemption breeds environments where predators are enabled, and victims of abuse are silenced. We implore the Arizona legislature to revise the current statute to 1) remove clergy privilege and 2) expressly state that clergy are mandatory reporters of known or suspected child abuse.  

Twice in recent years, Arizona Senator Victoria Steele sponsored a bill that would “make it mandatory for clergy in Arizona to report child abuse to law enforcement.” Shockingly, both times the bill failed. The same is true of similar bills introduced in California, New York, Utah, and many other states. 

The recent AP News article about the failed reporting of multiple LDS clergy in Arizona is just ONE example of how this dangerous law discourages reporting and continues to hurt victims and survivors of child sexual abuse. Arizona is on the front lines of this issue! 

This is not an attack on one church but an attack on harmful reporting loopholes that allow religious organizations to remain silent about known child abuse.

Use the links below to contact your governor and state and national legislators. Tell them that this law is unacceptable. We must protect children above all else. Let’s end clergy privilege in cases of child abuse and speak out for those who cannot speak.

What can I do?

• Contact Your Governor
• Contact Your State Legislators
• Contact your U.S. Senators
• Contact your U.S. Representatives

What should I say?

Below is a sample email to consider sending to your representatives.

Dear <Insert Recipient Name>

As your constituent, I urge you to eliminate clergy-penitent privilege laws in cases of child abuse and neglect.

The recent AP News article published about the failed reporting of multiple LDS clergy in Arizona exposes just ONE example of how this dangerous law discourages reporting and continues to hurt victims and survivors of child sexual abuse. 

No one should be exempt from reporting child abuse. 

As an elected official, it is your job to take action to prevent these unnecessary tragedies from happening. It is past time states take bold action to protect children. We must update reporting laws to remove the loopholes and eliminate clergy-penitent privilege in case of child abuse and neglect.

Laws should include clergy as part of those specifically mandated by law to report known or suspected instances of child abuse or neglect–even when information is obtained through private confession. 

We cannot wait for more children to be harmed. We cannot wait for individual churches to act on their own. Please do the right thing—help us eliminate this appalling loophole.

Sincerely,

<Insert Your Name> 

Which states have clergy-penitent privilege? 

For a complete list of states that don’t require clergy to report child abuse and details about each state’s reporting law, please see the Clergy as Mandated Reporters Chart published by childwelfare.org.

What about the 1st Amendment?

Confessions are considered a tenet of religious worship and religious expression. Our First Amendment freedoms guarantee that “Congress shall make no law respecting an establishment of religion.” I don’t believe the authors and signers of the Bill of Rights intended for any right to come at the expense of a child’s safety and wellbeing.  The US courts have a tradition of supporting the sacred right of the private confessional. However, the U.S. Supreme Court has also recognized that “the ’peculiar vulnerability’ of children may curtail otherwise protected rights of adults (Bellotti vs. Baird)."