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Arizona clergy not required to report child abuse learned in confession

Arizona's supreme court has ruled that clergy members are not required to report child abuse learned during religious confession, upholding the "seal of the confessional".

  • The Arizona Supreme Court ruled that clergy members are not mandated reporters if they learn of child abuse through confidential religious confession.
  • The ruling concludes a case involving three children who sued the Church of Jesus Christ of Latter-day Saints and two bishops who remained silent about abuse.
  • The court cited the US constitution's first amendment, which addresses religious freedom, in its decision.

Clergy members in Arizona are not required to report child abuse if they learn of it during a religious confession, the state's supreme court has ruled. The decision protects what church leaders refer to as the "seal of the confessional".

The ruling concludes a long-running case involving three children who were sexually abused by their parents. They had sued the Church of Jesus Christ of Latter-day Saints (LDS) and two bishops who were aware of the crimes but did not report them.

The LDS church welcomed the unanimous ruling, which exempts clergy members as "mandated reporters" when abuse is learned through confidential methods. The church stated that it condemns abuse and is deeply concerned for victims, while also noting that Arizona law recognises the confidential nature of religious confession.

The case centred on a 2020 lawsuit filed by the children of Paul and Leizza Adams. Court filings indicated that Paul Adams, who later died in jail, admitted his crimes to a bishop in 2011, and these were discussed at a disciplinary hearing the following year. An Associated Press investigation in 2022 reported that the church followed its own policy of keeping the information internal, with a bishop advised not to contact police or child welfare officials.

The Arizona supreme court's ruling overturned a state appeals court decision that had sided with the children. Vice-Chief Justice John Lopez stated in the 23-page ruling that the US constitution's first amendment, concerning religious freedom, prevents courts from assessing religious doctrine when considering a clergy member's reasons for not reporting abuse.

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