Utah faith leaders who learn about ongoing child abuse from a perpetrator during a religious confession will be able to alert police without fear of legal ramifications under a bill that received final legislative approval Thursday in the state Senate.
The measure extends to clergy members the same legal protections that exist for mandatory reporters of child abuse and neglect, such as doctors, teachers or therapists. It passed the Senate in a 26-0 vote after receiving similarly unanimous approval in the House earlier this month. It now heads to the desk of Republican Gov. Spencer Cox.
State law in Utah, where the vast majority of lawmakers belong to the locally headquartered Church of Jesus Christ of Latter-day Saints, exempts clergy of all denominations from a requirement to report child abuse if they learn about the crime in a confessional setting. Certain communications to clergy are considered privileged under the law, meaning neither the clergy member nor the person who confessed can be forced to testify in court about the contents of the conversation.
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While the bill does not remove the legal loophole known as clergy-penitent privilege, Rep. Anthony Loubet said it provides new protections that could incentivize clergy members to come forward. State law already requires clergy members who learn about abuse from any source other than the perpetrator to tell authorities.
“We hope to foster an environment where reporting child abuse is seen as not only a moral duty, but also a legally protected act,” the Kearns Republican and primary sponsor said. “This bill represents a step forward in achieving that balance.”
Religious leaders who report abuse still will not be required to testify. But by reporting the crime to police, Loubet said a more objective party can start investigating and find other witnesses to speed up abuse intervention.
The Salt Lake Temple stands at Temple Square in Salt Lake City, Oct. 5, 2019. Under a bill that received final legislative approval on Feb. 29, 2024, in the state Senate, Utah faith leaders who learn about ongoing child abuse from a perpetrator during a religious confession and report it to police will be protected from legal action. (AP Photo/Rick Bowmer, File)
Past proposals from Utah lawmakers to scrap the clergy exemption never even received a committee hearing as powerful religious groups pressured lawmakers to defend the sacred nature of…
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