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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 South Carolina, the clergy-penitent privilege is recognized and codified in the state's rules of evidence. This privilege allows individuals to refuse to disclose, and to prevent clergy members from disclosing, confidential communications made to the clergy in their professional capacity as spiritual advisors. The privilege is intended to protect the confidentiality of communications made for the purpose of seeking spiritual counsel, and it applies to ministers, priests, rabbis, and other leaders of established churches or religious organizations. The specifics of how this privilege is applied can be found in the South Carolina Code of Laws under the rules pertaining to evidence and witnesses. It is important to note that there may be exceptions or specific conditions under which the privilege may not apply, and an attorney can provide guidance on the nuances of this privilege in the context of legal proceedings in South Carolina.
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