State supreme court rules in case of two bishops who were silent about three children abused by Mormon parents
Clergy members in Arizona who learn of child abuse in the context of religious confession are not required to report it, the state’s supreme court has said in a ruling that protects what church leaders call the “seal of the confessional”.
The panel’s ruling ends a long-running case in which three children who were sexually abused by their parents sued the Church of Jesus Christ of Latter-day Saints (LDS), also known as the Mormon church, and two bishops who became aware of the crimes but remained silent.
The case has parallels in a short-lived 2025 law in Washington state that would have compelled clergy members there to report sexual abuse. That proposal was permanently withdrawn in October after legal action by the Catholic church.
In a statement, the LDS welcomed the unanimous ruling by the state supreme court on Thursday that exempts clergy members as “mandated reporters” if they learned of the abuse of minors in the confession booth or through other “confidential” methods.
This seems backwards to me. If the Constitution states “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof” then that should mean that one’s religious faith should have no bearing on the enforcement of the law. Granting church members exclusion from mandatory reporting laws is giving particular religions a special class with regard to such laws. No religion should get special benefits or restrictions under the law and this ruling is the opposite of that.
The fact that the LDS church considers confession to be sacred should not mean that members should be allowed to remain silent when they learn about heinous abuse that any other member of society would be required to report.
Religion really does deserve to be treated as a special class though. It’s pretty unique. I don’t believe this out of reverence or respect for it, but simple practical reality. Messing with people’s religious beliefs never turns out well. When you truly believe your eternal soul is on the line, that will make you do some pretty wild things.
For example, if you force a priest to report, you’re putting them in a very tough position. They’ve taken a holy vow to never reveal what is confessed to them. They believe they will personally go to Hell if they do. There is no punishment you can apply to a priest that will be greater than a literal eternity in Hell. You can lock up a priest until they’re willing to testify, but all you’ll accomplish is locking up a nonviolent person who is just trying to follow their faith.
At some point, it just becomes an exercise in abusing the mentally ill.