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Churches and clergy

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 Massachusetts, churches, synagogues, mosques, and other places of worship, as well as their clergy and spiritual leaders, are subject to both state and federal laws that govern religious institutions and their interactions with individuals. Under the First Amendment of the U.S. Constitution, these institutions are granted the freedom to exercise their religion, and this is also protected under the Massachusetts Constitution. However, they must comply with various laws including those related to employment, discrimination, land use, and mandatory reporting of abuse. Massachusetts has specific statutes that address issues such as clergy-penitent privilege, which protects the confidentiality of certain communications between clergy and congregants. Additionally, the state's anti-discrimination laws, such as M.G.L. c. 151B, ensure that religious institutions do not discriminate against individuals in employment or in providing services, although there are exemptions for religious organizations in certain circumstances. It's important for these institutions and their leaders to navigate these laws carefully to maintain compliance and uphold the rights of their members.

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clergy - penitent privilege

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Churches and clergy

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Massachusetts State Code

Massachusetts State Code

Churches and clergy

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