Churches, synagogues, mosques, and other places of worship—and their clergy and spiritual leaders—play an important role in the lives of many people. And sometimes our relationships with these institutions and people intersect with the law.
In California, churches, synagogues, mosques, and other places of worship, as well as their clergy and spiritual leaders, are subject to both state statutes and federal law in various ways. California law recognizes the special role of these institutions and individuals, providing certain protections and imposing specific obligations. For example, the California Constitution guarantees the free exercise and enjoyment of religion without discrimination or preference (Cal. Const., Art. I, § 4). Clergy are generally mandated reporters of child abuse and neglect under the California Child Abuse and Neglect Reporting Act (CANRA), but they may also have a 'clergy-penitent privilege' that protects the confidentiality of certain communications made to them in their professional capacity (Cal. Penal Code § 11166). Additionally, religious organizations are typically exempt from certain taxes under California law (Cal. Rev. & Tax. Code § 23701d) and may have certain land use protections under the federal Religious Land Use and Institutionalized Persons Act (RLUIPA). However, they must also comply with state and federal anti-discrimination laws, although there are exceptions for ministerial positions and religious-based decisions within the scope of their religious functions.