Must Clergy Tell--Child Abuse Reporting Requirements versus the Clergy Privilege and Free Exercise of Religion

Mary Harter Mitchell

Minnesota law review · 1987 · 11 citations · 0 references

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Abstract

The choice between jailing clergy and giving up evidence of child abuse must be a dire one.This Article asks whether that choice faces the law.Pastor John Mellish, a Nazarene minister in Florida, recently went to jail for refusing to divulge information confided to him by an ex-policeman later accused of child abuse.'The minister claimed that the clergy privilege provided him with a legal excuse for not divulging communications confided to him in his professional capacity. 2 This dramatic incident uncovers a tension in the law between the old clergy privilege 3 and new requirements of disclosure of child abuse.