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Dear Brothers and Sisters in Christ:
Last week the Arizona State Supreme Court issued a unanimous decision surrounding confidentiality and clergy. The case surrounded a man, who was Mormon, who confessed to his bishop that he had sexually abused his daughter. The bishop then made the man confess to his wife what he had done, and also discussed the issue with a church board considering punishment for a violation of church law. But, the bishop never told the authorities about the abuse. The man then went on abusing for another six years, and started abusing two more of his children before he was arrested. It was not stated why his wife did not report.
The man’s abused children then filed suit against the LDS church for their refusing to notify the authorities, which allowed the abuse to continue and increase. While the church argued the confidentiality of the confessional, the children argued that bringing their mother into the conversation and then also divulging it to a larger church body already violated the secrecy rules of the confessional, and therefore shouldn’t be protected. The lower courts ruled in the children’s favor, but the Supreme Court overturned those rulings. Some are calling this a clear victory for religious freedom, and victim/survivor organizations are bemoaning it, with one saying that “you can tell an entire stadium what happened as long as you also claim it’s secret, and then nothing can be done.”
New Mexico laws regarding the confidentiality of the confessional are very similar to Arizona. And even though clergy are mandatory reporters, the courts here have also consistently ruled that the confidentiality rule overrides the mandatory reporting rules. And what Arizona’s ruling said is that it is not up to the courts to decide what can be divulged out of the confessional, each church needs to make that decision. I agree with that in principle, but also have serious concerns about it as well.
New Mexico says that for these conversations to be considered protected, and therefore secret, they must meet three criteria:
1. They must be made to a person in a capacity where they are acting as a spiritual advisor, which makes is broader than just clergy.
2. There must be an expectation of privacy and that the information would not be divulged without authorization from the person confessing.
3. The practice must align with the rules and practices of that particular religious group.
When people come to me for counseling, or to make a “confession”, the second part of which doesn’t happen often, but it does happen, I clearly serve the role as defined in number 1. But, I also have a sign on both of my doors, it’s on the main office door and also in Phillip’s office that says “What you say here stays here, unless: Someone is hurting you; you want to hurt yourself; you want to hurt someone else; you give permission to share.” That is my personal standard for what gets said to me.
And therefore, that notification serves to break rule number 2. I don’t know that the UMC has a particular standard of practice around confidentiality, although I am going to ask the Bishop for clarification. And since he also oversees Arizona I’m guessing I am not the only one asking for a statement. But, since I strongly believe that one of the things we are called to do as Christians is to protect and stand up for the most vulnerable I don’t think protecting abusers from continuing their abuse is in my call as a minister.
Fortunately, I can so that in twenty plus years in ministry everything told me has stayed in my confidence, but there is a big difference between “I shoplifted” and “I’m abusing someone.” And there is lots of grey area too. And when I have needed more advice, I have sought it out, with others also bound by confidentiality and never giving specifics.
But I just want to reiterate for points two and three by New Mexico law that there can be an expectation of privacy when speaking with me, but it is not absolute. And it is my practice to act in my role as a mandatory reporter when and if that becomes necessary.
If you have questions or concerns about this, please feel free to speak with me.
Blessings,
John
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