State supreme court rules in case of two bishops who were silent about three children abused by Mormon parents

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 That proposal was permanently withdrawn in October after legal action by the Catholic church.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.

  • Manjushri@piefed.socialEnglish
    0·
    8 days ago

    In the 23-page ruling, John Lopez, the supreme court vice-chief justice, said the US constitution’s first amendment – which addresses religious freedom – prevented courts and juries from assessing religious doctrine when considering a clergy member’s reasons for choosing not to report abuse.

    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.