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Churches and clergy

clergy-penitent privilege

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 Massachusetts, the clergy-penitent privilege is recognized and codified in the Massachusetts General Laws. According to Chapter 233, Section 20A of the Massachusetts General Laws, a priest, minister, rabbi, or other member of the clergy is not required to disclose any confessions or communications made to them in their professional capacity as spiritual advisors. This privilege is designed to protect the confidentiality of communications between individuals and their clergy members, ensuring that individuals can seek spiritual counsel without fear that their confessions or discussions will be revealed in legal proceedings. The privilege can be claimed by the person who made the confession (the communicant) and, in some cases, by the clergy member as well. However, there are exceptions to this privilege, such as when the communication indicates that a child is being abused or if the communicant waives the privilege.

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Churches and clergy

clergy-penitent privilege

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Churches and clergy

clergy-penitent privilege