The clergy-penitent privilege—also known as the clergy privilege, confessional privilege, priest-penitent privilege, clergyman-communicant privilege, or ecclesiastical privilege—is a rule of privilege in the law of evidence that allows a person who has confided in a member of the clergy (minister, priest, rabbi, or other leader of an established church or religious organization) to refuse to disclose, and to prevent the clergy member from disclosing a confidential communication.

In California, the clergy-penitent privilege is recognized and codified in the California Evidence Code, sections 1030-1034. This privilege allows a penitent to refuse to disclose, and to prevent a member of the clergy from disclosing, any confidential communication made for the purpose of religious counseling or spiritual guidance. The privilege applies to ministers, priests, rabbis, or other persons who are authorized to practice within an established church or religious organization. The communication must be intended to be confidential, and such confidentiality must be maintained. The privilege can be claimed by the penitent, the clergy member, or on behalf of the penitent by the clergy member. There are exceptions to this privilege, such as if the communication pertains to a plan to commit a future crime or fraud, or if the penitent waives the privilege. It is important for individuals seeking to rely on this privilege to consult with an attorney to understand the specific applications and limitations under California law.