New Protections for Clergy Reporting Child Abuse Passed by Utah Legislature – Sky Bulletin

In a significant legislative move, the Utah Legislature has recently approved a bill that will enable clergy members to report instances of ongoing child abuse that they learn about during religious confessions. This decision was taken in the state Senate with a unanimous final vote approving the bill.

Under this new legislation, clergy members will join the ranks of mandatory reporters such as doctors, teachers, or therapists, possessing the same lawful protections that allow these professionals to report child abuse and neglect without facing legal repercussions. This move sees the bill progressing to Republican Governor Spencer Cox’s desk after having been previously approved by the House.

Presently, under Utah’s legal framework—where legislators are mostly affiliated with the Church of Jesus Christ of Latter-day Saints—clergy members from all religions are not mandated to report child abuse if this information is received during a confessional. These confessional communications have privileged status legally, safeguarding both the clergy and the confessor from being compelled to disclose discussion details.

Rep. Anthony Loubet has clarified that while this bill preserves the clergy-penitent privilege, it introduces new measures that encourage clergy to take an active role in reporting. Latter-day Saint and Catholic leaders have both spoken about the bill, with neither opposing it. The Latter-day Saints commented on their agreement with the policy, while Catholic representatives voiced possibilities of the bill paving the way for further legislative changes that would place priests in a difficult position regarding the sanctity of confession.

The bill champions the philosophy that reporting child abuse should be a morally and legally endorsed action, aiming to strike a balance between respecting religious practices and ensuring child safety. It posits that by involving the police, an impartial investigation can commence more effectively than if the matter is only handled within religious circles.

Past efforts to remove the clergy exemption in Utah have failed following resistance from potent religious constituencies who vouch for the confidentiality of confessions. In contrast, this new bill that protects clergy from lawsuits stemming from accusations they make during a confession has not met with opposition from major religious entities.

Notably, an investigation by The AP showed that many states uphold the clergy-penitent privilege, and this has unfortunately allowed some abusers, who only confess to clergy and not law enforcement, to go unpunished and continue their abuse. Efforts to revise or revoke this privilege have so far been unsuccessful across various states amid strong lobbying by religious groups.

The AP also discovered this privilege playing a role in the Mormon church’s ability to handle child sexual abuse cases covertly. Furthermore, it highlighted the church’s use of a sexual abuse reporting helpline intended to manage accusations internally rather than involve law enforcement.

As advocates for child abuse prevention express support for the bill, it is highlighted that clergy members should not be sole arbiters in matters of suspect abuse but should instead rely on objective investigation to protect potential victims.

The bill’s adoption in Utah comes at a time when similar legislative proposals in Vermont and Delaware have stalled, yet Washington state continues to deliberate on a comparable measure.

Through these enacted laws and continued discourse, the Utah Legislature aims to promote a culture of responsibility and accountability in child abuse reporting while considering the delicate balance with religious confessionals.

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Contributions to this report were made by Associated Press investigative reporter Jason Dearen.