Arizona Supreme Court rules the Church of Jesus Christ of Latter-day Saints can refuse to answer questions under a state law that exempts religious officials from having to report child sex abuse if they learn of the crime during a confessional setting
The Arizona Supreme Court has ruled that the Church of Jesus Christ of Latter-day Saints can refuse to answer questions or turn over documents under a state law that exempts religious officials from having to report child sex abuse if they learn of the crime during a confessional setting.
“Unfortunately, this ruling expands the clergy privilege beyond what the legislature intended by allowing churches to conceal crimes against children,” she said.“The Church of Jesus Christ of Latter-day Saints agrees with the Arizona Supreme Court’s decision,” the statement said. “We are deeply saddened by the abuse these children suffered. The Church has no tolerance of abuse of any kind.”
“Taken together, Adams’ overt acts demonstrate a lack of repentance and a profound disregard” for the principles of the church, Cardinal said in her ruling. “His acts can only be characterized as a waiver of the clergy penitent privilege.” On Dec. 15, the Arizona Court of Appeals ruled in favor of the church, saying it did not have to turn over disciplinary records for Adams, who was excommunicated in 2013. The Appeals Court also ruled that a church official who attended a church disciplinary hearing could refuse to answer questions from the plaintiff’s attorneys during pretrial testimony, based on the clergy-penitent privilege.
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