Churches defend clergy loophole, including in Maryland, in child sex abuse reporting

It was a frigid Sunday evening at the Catholic Newman Center in Salt Lake City when the priest warned parishioners who had gathered after Mass that their right to private confessions was in jeopardy.

A new law would break that sacred bond, the priest said, and directed the parishioners to sign a one-page form letter on their way out. “I/We Oppose HB90,” began the letter, stacked next to pre-addressed envelopes. “HB90 is an improper interference of the government into the practice of religion in Utah.”

In the following days of February 2020, Utah’s Catholic diocese, which oversees dozens of churches, says it collected some 9,000 signed letters from parishioners and sent them to state Rep. Angela Romero, a Democrat who had been working on the bill as part of her campaign against child sexual abuse. HB90 targeted Utah’s “clergy-penitent privilege,” a law similar to those in many states that exempts clergy of all denominations from the requirement to report child abuse if they learn about the crime in a confessional setting.

Utah’s Catholic leaders had mobilized against HB90 arguing that it threatened the sacred privacy of confessions. More importantly, it met with disapproval from some members in the powerful Church of Jesus Christ of Latter-day Saints, known as the Mormon church, whose followers comprise the vast majority of the state Legislature. HB90 was dead on arrival.

In 33 states, including Maryland, clergy are exempt from any laws requiring professionals such as teachers, physicians and psychotherapists to report information about alleged child sexual abuse to police or child welfare officials if the church deems the information privileged...

...In Maryland a successful campaign to defeat a proposal that would have closed the clergy-penitent loophole was led by a Catholic cardinal who would later be defrocked for sexually abusing children and adult seminarians...

...In 2003, as the Catholic clergy sex abuse scandal swept the nation, a bill seeking to rid Maryland of the privilege in child abuse cases evoked a strong rebuke from Cardinal Theodore McCarrick, then the powerful archbishop of the Diocese of Washington, D.C.

“If this bill were to pass, I shall instruct all priests in the Archdiocese of Washington who serve in Maryland to ignore it,” McCarrick wrote in a Catholic Standard column. “On this issue, I will gladly plead civil disobedience and willingly — if not gladly — go to jail.”

The bill withered under McCarrick’s attack and never emerged from committee. Similar legislation proposed in 2004 suffered the same fate. Today, the clergy-penitent privilege in Maryland remains intact, even though McCarrick has been defrocked for sex crimes...

Churches defend clergy loophole in child sex abuse reporting (msn.com)